IN ADDITION

Texas Department of Agriculture

Request for Grant Applications

Pursuant to the Texas Agriculture Code Chapter 21, the Texas Department of Agriculture (TDA) requests applications for projects, to be completed during the period from October 1, 2017, through September 30, 2019, that collect and distribute surplus agricultural products to food banks and other charitable organizations that serve needy or low-income individuals.

Eligibility.

Grant applications will be accepted from non-profit organizations that have been determined by the Internal Revenue Service (IRS) to be exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. These organizations must be established and operate for religious, charitable or educational purposes and not for financial gain. Additionally, these organizations must not distribute any of their income to their members, directors or officers. Organizations must have at least 5 years of experience coordinating a statewide network of food banks and charitable organizations that serve each of the 254 counties in this state.

For purposes of this application, the term "agricultural product" means an agricultural, apicultural, horticultural, or vegetable food product, either in its natural or processed state, for human consumption, including: (1) fish or other aquatic species; (2) livestock, a livestock product, or a livestock by-product; (3) poultry, a poultry product, or a poultry by-product; (4) wildlife processed for food or by-products; and (5) fruit, vegetables and grains. In addition to agricultural products grown in excess of a producer's needs, the term "surplus" includes any products not meeting that definition that are made available by a producer for distribution to food banks and other charitable organizations that serve the needy or low-income individuals.

TDA will follow §2155.444 of the Texas Government Code, relating to preference to Texas and United States products and Texas services, in making awards under this request for applications.

Funding Parameters.

Awards are subject to the availability of funds. If funds are not appropriated or collected for this purpose, Applicants will be informed accordingly.

Applications are limited to a total of $4,300,000 in fiscal year 2018 and $4,300,000 in fiscal year 2019. Funding is limited to the operation of a program that coordinates the collection and transportation of surplus agricultural products to a statewide network of food banks or other charitable organizations that provide food to needy or low-income individuals.

Application Requirements.

Application and information can be downloaded from the Grants Office section under the Grants and Services tab at www.TexasAgriculture.gov.

Submission Information.

Only materials actually received by TDA by 5:00 p.m. CT on Thursday, August 24, 2017, will be reviewed as part of the proposal.

For questions regarding submission of the proposal and/or TDA requirements, please contact TDA's Grants Office, at (512) 463-6695, or by email at Grants@TexasAgriculture.gov.

TRD-201702848

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Filed: July 31, 2017


Office of the Attorney General

Texas Water Code and Texas Health and Safety Code Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and the Texas Health & Safety Code. Before the State may settle a judicial enforcement action under the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed judgment if the comments disclose facts or considerations that include that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code and the Texas Health & Safety Code.

Case Title and Court: State of Texas v. Jewel Thomas Rutledge; Cause No. D-1-GN-14-004614, in the 201st Judicial District Court, Travis County, Texas.

Nature of the Defendant's Operations: Jewel Thomas Rutledge ("Defendant") owns approximately 3.5 acres of land near Groesbeck, Texas in Limestone County (the "Site"). Defendant leased the Site to B & M Unclaimed Freight, Inc., which disposed of solid waste at the Site without authorization from the Texas Commission on Environmental Quality. Waste illegally disposed and stored at the Site includes wood pallets, unlabeled drums, trash, vehicles, scrap tires, scrap metal, paint, paint containers, transformers, and batteries. TCEQ investigations revealed that various barrels stored in trailers at the Site were leaking their contents from the trailers and onto the ground. In addition, there were open and exposed containers of muriatic acid, naphtha, and drain cleaner on the ground at the Site. Defendant has removed the trailers and their contents, but the piles of waste still remain at the Site.

Proposed Agreed Judgment: The Agreed Final Judgment awards the State of Texas civil penalties in the amount of $12,500 and attorney's fees in the amount of $2,800. The Agreed Final Judgment also requires the Defendant to remove and properly dispose of any remaining waste at the Site, and determine whether the release is subject to the Texas Risk Reduction Program.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Amy Davis, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

TRD-201702902

Amanda Crawford

General Counsel

Office of the Attorney General

Filed: August 2, 2017


Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005 and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/07/17 - 08/13/17 is 18% for Consumer1/Agricultural/Commercial2 credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/07/17 - 08/13/17 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 08/01/17 - 08/31/17 is 18% or Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 08/01/17 - 08/31/17 is 18% for Commercial over $250,000.

1 Credit for personal, family or household use.

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

3 For variable rate commercial transactions only.

TRD-201702853

Leslie Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 1, 2017


Texas Education Agency

Correction of Error: 19 TAC Chapter 127, Subchapter B

The Texas Education Agency filed on September 10, 2015, the following adoption for publication in the September 25, 2015 issue of the Texas Register.

• Adopted New 19 TAC Chapter 127, Texas Essential Knowledge and Skills for Career Development, Subchapter B, High School (TRD #201503676)

The State Board of Education adopted new 19 TAC Chapter 127, Subchapter B, to be effective August 28, 2017. The following non-substantive, technical correction has been identified subsequent to publication of the adoption in the September 25, 2015 issue of the Texas Register. Due to error by the Texas Education Agency, the following change should be made.

Correction of Error for Chapter 127, Subchapter B (.pdf)

TRD-201702904

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: August 2, 2017


Correction of Error: 19 TAC Chapter 130, Subchapters A, B, G, H, L, and P

The Texas Education Agency filed on December 2, 2015, the following adoptions for publication in the December 18, 2015 issue of the Texas Register.

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter A, Agriculture, Food, and Natural Resources (TRD #201505253)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter B, Architecture and Construction (TRD #201505254)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter G, Government and Public Administration (TRD #201505255)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter H, Health Science (TRD #201505256)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter L, Law, Public Safety, Corrections, and Security (TRD #201505258)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter P, Transportation, Distribution, and Logistics (TRD #201505260)

The State Board of Education adopted new 19 TAC Chapter 130, Subchapters A, B, G, H, L, and P, to be effective August 28, 2017. The following non-substantive, technical corrections have been identified subsequent to publication of the adoptions in the December 18, 2015 issue of the Texas Register. Due to error by the Texas Education Agency, the following changes should be made.

Corrections for Chapter 130, Subchapters A, B, G, H, L, and P (.pdf)

TRD-201702905

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: August 2, 2017


Correction of Error: 19 TAC Chapter 130, Subchapters C, D, F, I, and J

The Texas Education Agency filed on September 10, 2015, the following adoptions for publication in the September 25, 2015 issue of the Texas Register.

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter C, Arts, Audio/Video Technology, and Communications (TRD #201503677)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter D, Business Management and Administration (TRD #201503678)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter F, Finance (TRD #201503680)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter I, Hospitality and Tourism (TRD #201503681)

• Adopted New 19 TAC Chapter 130, Texas Essential Knowledge and Skills for Career and Technical Education, Subchapter J, Human Services (TRD #201503682)

The State Board of Education adopted new 19 TAC Chapter 130, Subchapters C, D, F, I, and J, to be effective August 28, 2017. The following non-substantive, technical corrections have been identified subsequent to publication of the adoptions in the September 25, 2015 issue of the Texas Register. Due to error by the Texas Education Agency, the following changes should be made.

Correction of Error for Chapter 130, Subchaptes C, D, F, I, and J (.pdf)

TRD-201702906

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: August 2, 2017


Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (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 September 11, 2017. 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 September 11, 2017. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission's 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: AMT ENTERPRISES, INCORPORATED dba AMT Food Mart 1; DOCKET NUMBER: 2017-0590-PST-E; IDENTIFIER: RN101558906; LOCATION: Weatherford, Parker County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide corrosion protection for the underground storage tank system; 30 TAC §334.74, by failing to investigate a suspected release of regulated substance within 30 days of discovery; and 30 TAC §334.50(d)(9)(A)(iv) and §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; PENALTY: $13,788; ENFORCEMENT COORDINATOR: Ken Moller, (512) 239-6111; REGIONAL OFFICE: 2309 Gravel Drive Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: BARNHART WATER SUPPLY CORPORATION; DOCKET NUMBER: 2017-0369-PWS-E; IDENTIFIER: RN101265288; LOCATION: Barnhart, Irion County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.46(e) and Texas Health and Safety Code, §341.033(a), by failing to operate the water system under the direct supervision of a water works operator who holds an applicable, valid license; 30 TAC §290.46(t), by failing to post a legible sign at the facility's production, treatment, and storage facilities, that contains the name of the facility and an emergency telephone number where a responsible official can be contacted; 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the facility's standpipe; 30 TAC §290.46(i), by failing to adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to ensure that neither cross-connections nor other unacceptable plumbing practices are permitted; and 30 TAC §290.43(c)(4), by failing to provide all water storage tanks with a liquid level indicator located at the tank site; PENALTY: $301; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(3) COMPANY: City of Alton; DOCKET NUMBER: 2017-0472-MSW-E; IDENTIFIER: RN109705665; LOCATION: Alton, Hidalgo County; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(a) and (c), by failing to cause, suffer, allow, or permit the unauthorized disposal of MSW; PENALTY: $12,000; ENFORCEMENT COORDINATOR: Jonathan Nguyen, (512) 239-1661; REGIONAL OFFICE: 1804 West Jefferson Avenue Harlingen, Texas 78550-5247, (956) 425-6010.

(4) COMPANY: City of Tahoka; DOCKET NUMBER: 2016-1571-MLM-E; IDENTIFIER: RN101234847; LOCATION: Tahoka, Lynn County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(e)(3)(G), by failing to obtain an exception, pursuant to 30 TAC §290.39(l), to blend water containing chloramines and water containing free chlorine; 30 TAC §290.42(c)(1) and §290.111(a)(2), by failing to provide a minimum treatment consisting of coagulation with direct filtration and adequate disinfection for groundwater under the influence of surface water; 30 TAC §290.41(c)(1)(C), by failing to ensure that no water well is located within 500 feet of animal feed lots; 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap at all residences or establishments where an actual or potential contamination hazard exists, as identified in 30 TAC §290.47(f); 30 TAC §290.44(h)(3), by failing to provide overhead bulk water dispensing stations with an air gap between the filling outlet hose and the receiving tank to protect against back siphonage and cross-contamination; 30 TAC §290.46(u), by failing to plug or test an abandoned public water supply well owned by the system with cement according to 16 TAC Chapter 76; 30 TAC §290.41(c)(1)(F), by failing to obtain sanitary control easements that cover the land within 150 feet of the facility's five wells; 30 TAC §290.46(j), by failing to complete customer service inspection certificates prior to providing continuous water service to new construction, on any existing service either when the water purveyor has reason to believe that cross-connections or other potential contaminant hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities using commission Form 20699; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the 0.2 million gallon ground storage tank; 30 TAC §290.46(s)(1), by failing to calibrate the facility's five well meters at least once every three years; 30 TAC §290.46(s)(2)(C)(i), by failing to verify the accuracy of the manual disinfectant residual analyzer at least once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(z), by failing to create a nitrification action plan for systems distributing chloraminated water; 30 TAC §290.121(a) and (b), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the facility will use to comply with the monitoring requirements; 30 TAC §290.46(f)(2), (3)(B)(v), and (D)(ii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; and 30 TAC §330.15(c), by failing to cause, suffer, allow, or permit the unauthorized disposal of municipal solid waste; PENALTY: $5,622; Supplemental Environmental Project offset amount of $4,498; ENFORCEMENT COORDINATOR: Michaelle Garza, (210) 403-4076; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3421, (806) 796-7092.

(5) COMPANY: Colleen Ortiz dba River Oaks Water System and Gerard Ortiz dba River Oaks Water System; DOCKET NUMBER: 2017-0506-PWS-E; IDENTIFIER: RN101189348; LOCATION: Kingsland, Burnet County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §§290.46(f)(4), 290.106(e), and 290.107(e), by failing to provide the results of nitrate sampling, minerals sampling, volatile organic chemical contaminants sampling, and synthetic organic chemical contaminants sampling to the executive director (ED); 30 TAC §290.110(e)(4)(A) and (f)(3), and §290.122(c)(2)(A) and (f), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the ED each quarter by the tenth day of the month following the end of each quarter, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a DLQOR; 30 TAC §290.117(c)(2)(B), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; and 30 TAC §290.117(i)(6) and (j), by failing to timely provide consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the ED along with certification that the consumer notification has been distributed; PENALTY: $1,030; ENFORCEMENT COORDINATOR: Sarah Kim, (512) 239-4728; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(6) COMPANY: COMMUNITY WATER SERVICE, INCORPORATED; DOCKET NUMBER: 2016-1947-PWS-E; IDENTIFIER: RN101268100; LOCATION: Little Elm, Denton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i)(1), and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1, 2013 - December 31, 2013, January 1, 2014 - December 31, 2014, and January 1, 2015 - December 31, 2015, monitoring periods, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1, 2014 - December 31, 2014, and January 1, 2015 - December 31, 2015, monitoring periods; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year and failing to submit 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 for calendar year 2014; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Operating Report to the ED for the fourth quarter of 2015, and failing to provide the results of nitrate sampling for the January 1, 2013 - December 31, 2013, monitoring period; 30 TAC §290.117(c)(2)(D), (h), and (i)(1), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the ED for the January 1, 2004 - December 31, 2012, monitoring period; and 30 TAC §291.76 and TWC, §5.702, by failing to pay regulatory assessment fees for the TCEQ Public Utility Account regarding Certificate of Convenience and Necessity Number 10091 for calendar years 2012 - 2015; PENALTY: $1,840; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Dwain Self; DOCKET NUMBER: 2017-0340-WQ-E; IDENTIFIER: RN109114413; LOCATION: Junction, Kimble County; TYPE OF FACILITY: recreational vehicle park and campsites; RULES VIOLATED: 30 TAC §281.25(a)(4), and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities; PENALTY: $1,025; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(8) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2017-0174-AIR-E; IDENTIFIER: RN100210665; LOCATION: La Porte, Harris County; TYPE OF FACILITY: hydrocarbon storage terminal; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), New Source Review (NSR) Permit Number 20289, Special Conditions (SC) Number 13.B, Federal Operating Permit (FOP) Number O1339, Special Terms and Conditions (STC) Number 13, and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain a record of the oxygen concentration at an averaging period of six minutes or less in the stack for the Marine Vapor Combustor, Emissions Point Number MVCS1; 30 TAC §§101.20(1), 116.115(c), and 122.143(4), NSR Permit Number 20289, SC Number 10.A, FOP Number O1339, STC Numbers 1.A and 13, 40 Code of Federal Regulations §60.18(c)(3)(ii), and THSC, §382.085(b), by failing to operate the flare at the required minimum net heating value of 300 British thermal units per standard cubic foot; and 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O1339, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $22,625; Supplemental Environmental Project offset amount of $11,312; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Enterprise Products Operating LLC; DOCKET NUMBER: 2016-1003-AIR-E; IDENTIFIER: RN102323268; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: natural gas processing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Texas Health and Safety Code (THSC), §382.085(b), New Source Review (NSR) Permit Number 19930, Special Conditions (SC) Numbers 11 and 24, and Federal Operating Permit (FOP) Number O1641, Special Terms and Conditions (STC) Number 19, by failing to monitor the total sulfur content of Merox Off Gas fuel to the Heat Recovery Unit burners; 30 TAC §§116.115(c), 117.310(c)(1), and 122.143(4), THSC, §382.085(b), NSR Permit Number 8418, SC Number 1, and FOP Number O1641, STC Numbers 1.A and 19, by failing to comply with the permitted carbon monoxide hourly emissions rate and concentration limit; 30 TAC §§101.20(3), 116.115(c), and 122.143(4), THSC, §382.085(b), NSR Permit Numbers 20698 and PSDTX797M1, SC Number 19.B, and FOP Number O1641, STC Number 19, by failing to maintain the minimum liquid flow rate to the Scrubber, Emissions Point Number CS-1; 30 TAC §§101.20(3), 116.115(c), and 122.143(4), THSC, §382.085(b), NSR Permit Numbers 19930, PSDTX797M1, and PSDTX790, SC Number 18, and FOP Number O1641, STC Number 19, by failing to comply with the maximum authorized firing rate; and 30 TAC §122.143(4) and §122.145(2)(A), THSC, §382.085(b), and FOP Number O1641, General Terms and Conditions, by failing to report all instances of deviations; PENALTY: $119,750; Supplemental Environmental Project offset amount of $47,900; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: EVEREST VIEW CORPORATION dba Quick Track 8; DOCKET NUMBER: 2017-0619-PST-E; IDENTIFIER: RN100533074; LOCATION: Mesquite, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES 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; PENALTY: $2,438; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: GE Packaged Power, Incorporated; DOCKET NUMBER: 2017-0353-AIR-E; IDENTIFIER: RN100217959; LOCATION: Houston, Harris County; TYPE OF FACILITY: turbines and turbine generator sets manufacturing plant; RULES VIOLATED: 30 TAC §122.121 and §122.210(a), and Texas Health and Safety Code, §382.054 and §382.085(b), by failing to submit a revision application for a Federal Operating Permit to include all emissions units; PENALTY: $4,725; ENFORCEMENT COORDINATOR: Carol McGrath, (210) 403-4063; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: Hannelore Crane dba Country Village Mobile Home Estates; DOCKET NUMBER: 2016-1387-PWS-E; IDENTIFIER: RN101267466, RN102675121, and RN101225506; LOCATION: Midland, Midland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i)(1) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED), and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.117(c)(2)(A), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples; 30 TAC §290.110(e)(4)(A) and (f)(3), by failing to submit a Disinfectant Level Quarterly Operating Report (DLQOR) to the ED each quarter by the tenth day of the month following the end of the quarter; and 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the notification to the ED regarding the failure to submit a DLQOR; PENALTY: $8,049; ENFORCEMENT COORDINATOR: Steven Hall, (512) 239-2569; REGIONAL OFFICE: 9900 West IH-20, Suite 100, Midland, Texas 79706, (432) 570-1359.

(13) COMPANY: HEAVENIN, INCORPORATED dba Manor Grocery; DOCKET NUMBER: 2017-0400-PST-E; IDENTIFIER: RN102356292; LOCATION: Manor, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES 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; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(14) COMPANY: James A. Bray dba Texas Pride Trailers; DOCKET NUMBER: 2016-2143-AIR-E; IDENTIFIER: RN105587745; LOCATION: Madisonville, Madison County; TYPE OF FACILITY: trailer manufacturing plant; RULES VIOLATED: 30 TAC §116.110(a), and Texas Health and Safety Code, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to constructing and operating a source of air emissions; PENALTY: $1,125; ENFORCEMENT COORDINATOR: Shelby Orme, (512) 239-4575; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(15) COMPANY: Jana L. Marsden; DOCKET NUMBER: 2017-0604-MLM-E; IDENTIFIER: RN105883151; LOCATION: Georgetown, Williamson County; TYPE OF FACILITY: leasing and storage facility; RULES VIOLATED: 30 TAC §213.4(a)(1) and (j)(3), and Water Pollution Abatement Plan (WPAP) Number 11-10040701, Standard Conditions Number 6, by failing to obtain approval of a modification to an approved WPAP prior to initiating a regulated activity over the Edwards Aquifer Recharge Zone; 30 TAC §213.5(b)(4)(D)(ii)(II) and WPAP Number 11-10040701, Standard Conditions Number 17, by failing to submit a certified letter from a Texas licensed professional engineer stating that the permanent best management practices (BMPs) were constructed and are functioning as designed; 30 TAC §213.4(k) and §213.5(b)(5)(A), and WPAP Number 11-10040701, Standard Conditions Number 18, by failing to maintain permanent BMPs after construction was completed; and TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of industrial wastewater into or adjacent to any water in the state; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Larry Butler, (512) 239-2543; REGIONAL OFFICE: 12100 Park 35 Circle, Building A, Austin, Texas 78753, (512) 339-2929.

(16) COMPANY: JOMOVSM LLC; DOCKET NUMBER: 2017-0246-MWD-E; IDENTIFIER: RN101202836; LOCATION: Tarrant County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), and 30 TAC §305.65 and §305.125(2), by failing to maintain authorization to discharge wastewater into or adjacent to any water in the state; and TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of sewage into or adjacent to water in the state; PENALTY: $13,387; ENFORCEMENT COORDINATOR: Ross Luedtke, (512) 239-3157; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: Lamar State College-Orange; DOCKET NUMBER: 2017-0492-PWS-E; IDENTIFIER: RN109663435; LOCATION: Orange, Orange County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(2), by failing to provide disinfection facilities for the groundwater supply for the purpose of microbiological control and distribution protection; 30 TAC §290.46(n)(1), by failing to maintain accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank at the facility; PENALTY: $500; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 403-4077; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(18) COMPANY: Lion Elastomers LLC; DOCKET NUMBER: 2017-0178-AIR-E; IDENTIFIER: RN100224799; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: rubber manufacturing plant; RULES VIOLATED: 30 TAC §116.115(c) and §122.143(4), Texas Health and Safety Code, §382.085(b) Federal Operating Permit Number O1224, Special Terms and Conditions Number 13, and New Source Review Permit Number 9908, Special Conditions Number 17, by failing to maintain records for the corrective actions taken; PENALTY: $7,500; Supplemental Environmental Project offset amount of $3,000; ENFORCEMENT COORDINATOR: Abigail Lindsey, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(19) COMPANY: LONE STAR CORRUGATED CONTAINER CORPORATION; DOCKET NUMBER: 2017-0581-PST-E; IDENTIFIER: RN100857358; LOCATION: Irving, Dallas County; TYPE OF FACILITY: fleet refueling facility; RULES 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 per month; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Margarita Dennis, (817) 588-5892; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: MEHAR ENTERPRISES, LLC dba Brookeland Country Mart; DOCKET NUMBER: 2017-0810-PST-E; IDENTIFIER: RN101783884; LOCATION: Brookeland, Sabine County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(5)(C), by failing to have all tanks labeled in accordance with the registration using permanently affixed labels; and 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; PENALTY: $3,563; ENFORCEMENT COORDINATOR: Carlos Molina, (512) 239-2557; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(21) COMPANY: Michael D. Emery; DOCKET NUMBER: 2017-0564-OSI-E; IDENTIFIER: RN103415931; LOCATION: Plainview, Hale County; TYPE OF FACILITY: on-site sewage facility (OSSF); RULES VIOLATED: 30 TAC §285.61(4) and Texas Health and Safety Code, §366.051(c), by failing to obtain authorization to construct prior to beginning construction of an OSSF; PENALTY: $188; ENFORCEMENT COORDINATOR: Farhaud Abbaszadeh, (512) 239-0779; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(22) COMPANY: Monarch Mountain Minerals and Aggregates LLC; DOCKET NUMBER: 2017-0639-AIR-E; IDENTIFIER: RN107995920; LOCATION: Cleburne, Johnson County; TYPE OF FACILITY: aggregate production site; RULES VIOLATED: 30 TAC §101.4 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to prevent nuisance dust conditions; and 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization prior to operating a source of air contaminants; PENALTY: $2,550; ENFORCEMENT COORDINATOR: Jo Hunsberger, (512) 239-1274; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(23) COMPANY: MONTGOMERY PLACE WATER SYSTEM, INCORPORATED; DOCKET NUMBER: 2017-0203-PWS-E; IDENTIFIER: RN101210441; LOCATION: Conroe, Montgomery County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.117(i)(6) and (j), by failing to timely mail consumer notification of lead tap water monitoring results to persons served at the sites that were tested, and failing to mail a copy of the consumer notification of tap results to the executive director (ED) along with certification that the consumer notification has been distributed for the January 1, 2016 - June 30, 2016, monitoring period in a manner consistent with TCEQ requirements; 30 TAC §290.117(f)(1)(A)(ii) and (i)(7), and §290.122(b)(2)(A) and (f), by failing to perform and submit a corrosion control study to identify optimal corrosion control treatment for the system within 12 months after the end of the January 1, 2012 - December 31, 2014, monitoring period, in which the system first exceeded the lead action level, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to perform and submit a corrosion control study for the system within 12 months after the end of the January 1, 2012 - December 31, 2014, monitoring period; and 30 TAC §290.122(c)(2)(A) and (f), by failing to timely provide public notification and submit a copy of the public notification to the ED regarding the failure to submit a Disinfectant Level Quarterly Report for the first quarter of 2016; PENALTY: $165; ENFORCEMENT COORDINATOR: James Fisher, (512) 239-2537; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: RSI Home Products Manufacturing, Incorporated; DOCKET NUMBER: 2017-0792-AIR-E; IDENTIFIER: RN100600287; LOCATION: Dallas, Dallas County; TYPE OF FACILITY: wood cabinet products assembly and distribution plant; RULES VIOLATED: 30 TAC §122.143(4) and §122.146(2), Federal Operating Permit (FOP) Number O2867, General Terms and Conditions (GTC), and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a permit compliance certification no later than 30 days after the certification period; and 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O2867, GTC, and THSC, §382.085(b), by failing to submit a deviation report within 30 days after the end of each reporting period; PENALTY: $7,313; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 403-4006; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(25) COMPANY: SONORA INVESTMENTS, L.L.C.; DOCKET NUMBER: 2017-0460-PWS-E; IDENTIFIER: RN101196608; LOCATION: Sonora, Sutton County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.113(e) and (f)(1), by failing to collect Stage 1 Disinfection Byproducts samples and provide the results to the executive director (ED) for the January 1, 2010 - December 31, 2012, monitoring period; 30 TAC §290.115(e) and (f)(2), by failing to collect Stage 2 Disinfection Byproducts samples and provide the results to the ED for the January 1, 2014 - December 31, 2016, monitoring period; 30 TAC §290.109(d)(4)(B) (formerly 30 TAC §290.109(c)(4)(B)), by failing to collect one raw groundwater source Escherichia coli sample from the facility's one active source within 24 hours of notification of a distribution total coliform-positive result in May 2015; and 30 TAC §290.122(c)(2)(A) and (f), by failing to issue public notification, and submit a copy of the public notification to the ED regarding the failure to submit Disinfectant Level Quarterly Operating Reports for the third quarter of 2014 and the second quarter of 2015, failure to collect repeat distribution samples within 24 hours of being notified of a total coliform-positive sample for May 2015; and failure to collect a routine distribution water sample for coliform analysis for the month of August 2015; PENALTY: $963; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(26) COMPANY: Trinidad Medina, Jr. dba Medina Pride RV; DOCKET NUMBER: 2017-0670-PWS-E; IDENTIFIER: RN106430754; LOCATION: Asherton, Dimmit County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(e)(1) and (h)(1) and Texas Health and Safety Code (THSC), §341.035(a), by failing to submit plans and specifications to the executive director for review and approval prior to the construction of a new public water supply; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for review and approval prior to placing the facility's public drinking water well into service; 30 TAC §290.45(c)(1)(B)(iv) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of ten gallons per unit; and 30 TAC §290.45(c)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 1.0 gallon per minute per unit; PENALTY: $420; ENFORCEMENT COORDINATOR: Ryan Byer, (512) 239-2571; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

TRD-201702849

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 1, 2017


Enforcement Orders

An agreed order was adopted regarding City of Hackberry, Docket No. 2011-2180-MWD-E on August 2, 2017, assessing $31,575 in administrative penalties with $6,315 deferred. Information concerning any aspect of this order may be obtained by contacting Melissa Castro, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Pasadena Refining System, Inc, Docket No. 2015-0096-AIR-E on August 2, 2017, assessing $452,825 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Delta County Municipal Utility District, Docket No. 2015-0916-MWD-E on August 2, 2017, assessing $55,100 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding St. Mina Investments, LLC dba Texas Food Mart, Docket No. 2015-1394-PST-E on August 2, 2017, assessing $11,526 in administrative penalties with $2,834 deferred. Information concerning any aspect of this order may be obtained by contacting Jake Marx, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Marc Roger Meeker District, Docket No. 2015-1499-MWD-E on August 2, 2017, assessing $21,920 in administrative penalties with $4,384 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An order was adopted regarding The Dynamite, Inc. dba Country Food Mart, Docket No. 2015-1656-PST-E on August 2, 2017, assessing $5,437 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Adam Taylor, Staff Attorney at (512) 239-3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Targa Pipeline Mid-Continent WestTex LLC, Docket No. 2016-0645-AIR-E on August 2, 2017, assessing $23,503 in administrative penalties with $4,700 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding The Chemours Company Fc, LLC, Docket No. 2016-1322-AIR-E on August 2, 2017, assessing $10,501 in administrative penalties with $2,100 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Graham, Docket No. 2016-1501-MWD-E on August 2, 2017, assessing $42,187 in administrative penalties with $8,437 deferred. Information concerning any aspect of this order may be obtained by contacting Caleb Olson, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Chevron Phillips Chemical Company LP, Docket No. 2016-1778-AIR-E on August 2, 2017, assessing $9,038 in administrative penalties with $1,807 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Phillips 66 Company, Docket No. 2016-1939-AIR-E on August 2, 2017, assessing $13,125 in administrative penalties with $2,625 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Lufkin Travel Plaza LLC, Docket No. 2016-2000-PST-E on August 2, 2017, assessing $11,250 in administrative penalties with $2,250 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding The Burke Foundation, Docket No. 2016-2025-PWS-E on August 2, 2017, assessing $3,644 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Burleson, Docket No. 2016-2043-WQ-E on August 2, 2017, assessing $7,500 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Larry Butler, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Hayward Baker, Inc., Docket No. 2017-0123-AIR-E on August 2, 2017, assessing $9,000 in administrative penalties with $1,800 deferred. Information concerning any aspect of this order may be obtained by contacting Raime Hayes-Falero, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Queen City, Docket No. 2017-0149-MWD-E on August 2, 2017, assessing $4,400 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ariel Ramirez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Doughtie Construction Co., Inc., Docket No. 2015-1309-WQ-E on August 1, 2017, assessing $7,189 in administrative penalties with $1,437 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Laredo, Docket No. 2015-1842-PWS-E on August 1, 2017, assessing $600 in administrative penalties with $120 deferred. Information concerning any aspect of this order may be obtained by contacting Jim Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Harris County Water Control and Improvement District 96, Docket No. 2016-0421-PWS-E on August 1, 2017, assessing $1,164 in administrative penalties with $232 deferred. Information concerning any aspect of this order may be obtained by contacting Jason Fraley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Red Creek Municipal Utility District, Docket No. 2016-0486-PWS-E on August 1, 2017, assessing $802 in administrative penalties with $160 deferred. Information concerning any aspect of this order may be obtained by contacting Sarah Kim, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Point, Docket No. 2016-0745-PWS-E on August 1, 2017, assessing $526 in administrative penalties with $105 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Mertzon, Docket No. 2016-0748-PWS-E on August 1, 2017, assessing $2,940 in administrative penalties with $588 deferred. Information concerning any aspect of this order may be obtained by contacting Katy Montgomery, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ANS Platinum LLC dba Lacy Lakeview Food Mart, Docket No. 2016-0889-PST-E on August 1, 2017, assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Ronica Rodriguez, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding TAHA INVESTMENTS "INC" dba Lee's Quik Pak, Docket No. 2016-1232-PST-E on August 1, 2017, assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting Jonathan Nguyen, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding RESEARCH LABORATORIES INC, Docket No. 2016-1326-TTR-E on August 1, 2017, 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) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Liquid Environmental Solutions of Texas, LLC, Docket No. 2016-1604-MSW-E on August 1, 2017, assessing $750 in administrative penalties with $150 deferred. Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding SESHAA, LLC dba Vista Mini Mart, Docket No. 2016-1693-PST-E on August 1, 2017, assessing $4,742 in administrative penalties with $948 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Greenbelt Municipal & Industrial Water Authority, Docket No. 2016-1718-PWS-E on August 1, 2017, assessing $1,417 in administrative penalties with $283 deferred. Information concerning any aspect of this order may be obtained by contacting Jim Fisher, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Aqua Utilities, Inc., Docket No. 2016-1820-PWS-E on August 1, 2017, assessing $970 in administrative penalties with $194 deferred. Information concerning any aspect of this order may be obtained by contacting Michaelle Garza, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Gulf Coast Waste Disposal Authority, Docket No. 2016-2035-AIR-E on August 1, 2017, assessing $3,638 in administrative penalties with $727 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Glenda Bland, Docket No. 2016-2111-WQ-E on August 1, 2017, assessing $2,938 in administrative penalties with $587 deferred. Information concerning any aspect of this order may be obtained by contacting Claudia Corrales, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Earth Septic Systems, LLC, Docket No. 2016-2144-MLM-E on August 1, 2017, assessing $4,600 in administrative penalties with $920 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Kestrel Creek LLC dba Rancho Ponte Vineyard, Docket No. 2017-0033-MLM-E on August 1, 2017, assessing $5,650 in administrative penalties with $1,130 deferred. Information concerning any aspect of this order may be obtained by contacting Steven Van Landingham, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Forged Products, Inc., Docket No. 2017-0047-AIR-E on August 1, 2017, assessing $5,437 in administrative penalties with $1,087 deferred. Information concerning any aspect of this order may be obtained by contacting David Carney, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding CARBINE KILO INC dba Ginas Kwik Pantry, Docket No. 2017-0059-PST-E on August 1, 2017, assessing $6,129 in administrative penalties with $1,225 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., Docket No. 2017-0063-WQ-E on August 1, 2017, assessing $1,601 in administrative penalties with $320 deferred. Information concerning any aspect of this order may be obtained by contacting Had Darling, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Kuhlken Farms, Ltd., Docket No. 2017-0068-MLM-E on August 1, 2017, assessing $1,413 in administrative penalties with $282 deferred. Information concerning any aspect of this order may be obtained by contacting Farhaud Abbaszadeh, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding MUFADDAL VENTURES, INC. dba Friendly Mart, Docket No. 2017-0073-PST-E on August 1, 2017, assessing $6,438 in administrative penalties with $1,287 deferred. Information concerning any aspect of this order may be obtained by contacting Ken Moller, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Karen Risler dba One Stop Tire Shop, Docket No. 2017-0080-MSW-E on August 1, 2017, assessing $250 in administrative penalties with $50 deferred. Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ARNAV BUSINESS INC. dba 2920 Food Mart, Docket No. 2017-0104-PST-E on August 1, 2017, assessing $2,642 in administrative penalties with $528 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Military Highway Water Supply Corporation, Docket No. 2017-0176-MWD-E on August 1, 2017, assessing $1,437 in administrative penalties with $287 deferred. Information concerning any aspect of this order may be obtained by contacting Sandra Douglas, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Pinery, Inc dba S & T Food Store 3, Docket No. 2017-0228-PST-E on August 1, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting John Paul Fennell, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding RARA LLC dba Taylor Food Mart 88, Docket No. 2017-0241-PST-E on August 1, 2017, assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding NITA CORPORATION dba Rock Island Food Mart, Docket No. 2017-0262-PST-E on August 1, 2017, assessing $3,563 in administrative penalties with $712 deferred. Information concerning any aspect of this order may be obtained by contacting Stephanie McCurley, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Owens Corning Insulating Systems, LLC, Docket No. 2017-0285-AIR-E on August 1, 2017, assessing $6,880 in administrative penalties with $1,376 deferred. Information concerning any aspect of this order may be obtained by contacting Carol McGrath, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding ABF, INC., Docket No. 2017-0291-PWS-E on August 1, 2017, assessing $1,008 in administrative penalties with $201 deferred. Information concerning any aspect of this order may be obtained by contacting Ross Luedtke, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Kevin Enterprises Inc dba E Z Buy, Docket No. 2017-0325-PST-E on August 1, 2017, assessing $2,438 in administrative penalties with $487 deferred. Information concerning any aspect of this order may be obtained by contacting Carlos Molina, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding TXBR Ramblewood MHP, LLC, Docket No. 2017-0367-PWS-E on August 1, 2017, assessing $326 in administrative penalties with $65 deferred. Information concerning any aspect of this order may be obtained by contacting Ryan Byer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding City of Granite Shoals, Docket No. 2017-0377-PWS-E on August 1, 2017, assessing $2,343 in administrative penalties with $468 deferred. Information concerning any aspect of this order may be obtained by contacting Benjamin Sakmar, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was adopted regarding Time Manufacturing Company, Docket No. 2017-0466-AIR-E on August 1, 2017, assessing $938 in administrative penalties with $187 deferred. Information concerning any aspect of this order may be obtained by contacting Shelby Orme, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-201702903

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Notice of Hearing

TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1

SOAH Docket No. 582-17-5380

TCEQ Docket No. 2017-0567-MWD

Permit No. WQ0011593001

APPLICATION.

Trophy Club Municipal Utility District No. 1, 100 Municipal Drive, Trophy Club, Texas 76262, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011593001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,750,000 gallons per day. The draft permit also authorizes the disposal of treated domestic wastewater via irrigation of 416.9 acres of golf course. TCEQ received this application on March 1, 2016.

The facility is located at 1499 Junction Way, approximately 0.9 mile north of the intersection of State Highway 114 and Trophy Club Drive, and approximately 2.5 miles east of the intersection of U.S. Highway 377 and State Highway 114 in Denton County, Texas 76262. The treated effluent is discharged to unnamed ponds (golf course ponds) and/or an unnamed tributary; thence to Marshall Branch; thence to Grapevine Lake in Segment No. 0826 of the Trinity River Basin. The unclassified receiving water use is minimal aquatic life use for the unnamed tributary (and golf course ponds) and for Marshall Branch. The designated uses for Segment No. 0826 are high aquatic life use, public water supply, and primary contact recreation.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at the Trophy Club Municipal Utility District Svore Building, 100 Municipal Drive, Trophy Club, Texas. As a public courtesy, we have provided the following Web page to an online map of the site or the facility's general location. The online map is not part of the application or the notice: <https://www.tceq.texas.gov/assets/public/hb610/index.html?lat=33.005833&lng=-97.183333&zoom=13&type=r>. For the exact location, refer to the application.

CONTESTED CASE HEARING.

The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - September 11, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on July 12, 2017. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 Texas Administrative Code (TAC) Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

INFORMATION.

If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at (800) 687-4040. General information about the TCEQ can be found at our web site at http://www.tceq.texas.gov/.

Further information may also be obtained from CP&Y at 115 West 7th Street, Suite 1500, Fort Worth, Texas 76102 or by calling Kevin Glovier, P.E. at (817) 354-0189.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week prior to the hearing.

Issued: July 26, 2017

TRD-201702892

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. 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 September 11, 2017. 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 September 11, 2017. 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: Cecil G. Ford dba Alta Vista Mobile Home Park; DOCKET NUMBER: 2016-1673-PWS-E; TCEQ ID NUMBER: RN105874556; LOCATION: the intersection of County Road 517 and Private Road 1628 near Stephenville, Erath County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.45(b)(1)(A)(i), by failing to provide a well capacity of 1.5 gallons per minute per connection; PENALTY: $62; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: City of Paducah; DOCKET NUMBER: 2016-0216-PWS-E; TCEQ ID NUMBER: RN101385029; LOCATION: 1015 Backus Street, Paducah, Cottle County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification to the executive director (ED) regarding the failure to submit a Disinfectant Level Quarterly Operating Report (DLQOR), the failure to conduct routine coliform monitoring, the failure to conduct triggered source monitoring, and the failure to conduct repeat coliform monitoring; 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Confidence Report (CCR) to each bill paying customer by July 1st of each year, and failing to submit 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 §290.110(e)(4)(A) and (f)(3), by failing to submit a DLQOR to the ED each quarter by the tenth day of the month following the end of the quarter; and 30 TAC §290.117(c)(2)(C), (h), and (i)(1), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED; PENALTY: $990; STAFF ATTORNEY: Audrey Liter, Litigation Division, MC 175, (512) 239-0684; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: City of Stockdale; DOCKET NUMBER: 2016-1972-MWD-E; TCEQ ID NUMBER: RN102916194; LOCATION: on the southeast side of County Road 401 (Old Floresville Road), approximately 1,500 feet southwest of the intersection of United States Highway 87 and County Road 401, Wilson County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1), 30 TAC §305.125(5), and Texas Pollutant Discharge Elimination System Permit Number WQ0010292001, Permit Condition Number 2.g., by failing to prevent the discharge of sewage, municipal waste, recreational waste, agricultural waste, and/or industrial waste into or adjacent to any water in the state without authorization of the commission; PENALTY: $3,563; STAFF ATTORNEY: Elizabeth Carroll Harkrider, Litigation Division, MC 175, (512) 239-2008; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Liberty Utilities (Woodmark Sewer) Corp.; DOCKET NUMBER: 2017-0119-WQ-E; TCEQ ID NUMBER: RN101511400; LOCATION: south of Farm-to-Market Road 346, approximately 1.2 miles west of the intersection of Farm-to-Market Road 346 and United States Highway 69, south of Tyler with associated wastewater lines along an unnamed tributary of West Mud Creek at Farm-to-Market Road 2493 and United States Highway 69, Smith County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a)(1) and Texas Pollutant Discharge Elimination System Permit Number WQ0013168001, Permit Conditions Number 2.g., by failing to prevent the unauthorized discharge of sewage into or adjacent to water in the state; PENALTY: $22,500; Supplemental Environmental Project offset amount of $11,250 applied to Household Hazardous Waste Collection; STAFF ATTORNEY: Ryan Rutledge, Litigation Division, MC 175, (512) 239-0630; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: MAKLI THATTA ENTERPRISES INC dba Diamond Foods; DOCKET NUMBER: 2017-0222-PST-E; TCEQ ID NUMBER: RN103051892; LOCATION: 2331 Little York Road, Houston, Harris County; TYPE OF FACILITY: underground storage tank (UST) system and a 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); TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; and TWC, §26.3475(c)(2) and 30 TAC §334.51(b)(2)(B) and (C), by failing to equip each tank with spill containment and overfill prevention equipment; PENALTY: $8,004; STAFF ATTORNEY: Adam Taylor, Litigation Division, MC 175, (512) 239-3345; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: St. PST Water Supply Corporation; DOCKET NUMBER: 2016-2114-PWS-E; TCEQ ID NUMBER: RN101194801; LOCATION: at the intersection of Farm-to-Market Road 542 and County Road 242 near Oakwood, Leon County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.117(c)(2)(B), (h), and (i), by failing to collect lead and copper tap samples at the required five sample sites, have the samples analyzed, and report the results to the executive director (ED) for the January 1 - December 31, 2013, January 1 - December 31, 2014, and January 1 - December 31, 2015, monitoring periods; 30 TAC §290.117(c)(2)(A), (h), and (i) and §290.122(c)(2)(A) and (f), by failing to collect lead and copper tap samples at the required ten sample sites, have the samples analyzed, and report the results to the ED for the January 1 - June 30, 2016, monitoring period, and failing to provide public notification and submit a copy of the public notification to the ED regarding the failure to collect lead and copper tap samples for the January 1 - June 30, 2016, monitoring period; and 30 TAC §290.109(c)(4)(B), by failing to collect a raw groundwater source Escherichia coli sample from each active source within 24 hours of being notified of a distribution total coliform-positive result during the month of October 2014; PENALTY: $840; STAFF ATTORNEY: Eric Grady, Litigation Division, MC 175, (512) 239-0655; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

TRD-201702851

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 1, 2017


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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; 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 September 11, 2017. 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 September 11, 2017. 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, TWC, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: 242 EXPRESS, INC. dba Grapeland Express; DOCKET NUMBER: 2016-1628-PST-E; TCEQ ID NUMBER: RN102257110; LOCATION: 1110 North Highway 287 Bypass, Grapeland, Houston County; TYPE OF FACILITY: underground storage tank (UST) system and a convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(a) and 30 TAC §334.50(b)(2), by failing to provide release detection for the pressurized piping associated with the UST system; PENALTY: $3,877; STAFF ATTORNEY: Clayton Smith, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Brandon Cameron; DOCKET NUMBER: 2016-1486-OSI-E; TCEQ ID NUMBER: RN109273250; LOCATIONS: 313 County Road 629, Kirbyville (Site 1) and 2865 County Road 721, Buna (Site 2), Jasper County; TYPE OF FACILITIES: on-site sewage facilities (OSSFs); RULES VIOLATED: TWC, §37.003, Texas Health and Safety Code, §366.071(a), and 30 TAC §30.5(a) and §285.50(b), by failing to hold an OSSF installer license prior to installing OSSFs; PENALTY: $1,619; STAFF ATTORNEY: Jess Robinson, Litigation Division, MC 175, (512) 239-0455; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-201702850

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 1, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions DOVA INC DBA Petromart 112

SOAH Docket No. 582-17-5289

TCEQ Docket No. 2016-2017-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - August 31, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed April 20, 2017, concerning assessing administrative penalties against DOVA INC dba Petromart 112, for violations in Jefferson County, Texas, of: Tex. Water Code §26.3467(a) and 30 Tex. Admin. Code §334.8(c)(4)(A)(vii), (c)(5)(A)(i), (c)(5)(A)(iii), and (c)(5)(B)(ii).

The hearing will allow DOVA INC dba Petromart 112, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford DOVA INC dba Petromart 112, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of DOVA INC dba Petromart 112 to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. DOVA INC dba Petromart 112, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054 and Tex. Water Code chs. 7 and 26 and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Eric Grady, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

TRD-201702893

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of GANIU BELLO

SOAH Docket No. 582-17-5363

TCEQ Docket No. 2016-1234-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - August 31, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed January 3, 2017, concerning assessing administrative penalties against and requiring certain actions of Ganiu Bello, for violations in Tarrant County, Texas, of: 30 Tex. Admin. Code §334.47(a)(2) and TCEQ Agreed Order Docket No. 2010-0538-PST-E, Ordering Provision No. 2.a.

The hearing will allow Ganiu Bello, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction; afford Ganiu Bello, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate; and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Ganiu Bello to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. Ganiu Bello, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §70.108 and §70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Elizabeth Lieberknecht, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

TRD-201702895

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Jorge Varela-Mar dba Magnolias Transmission

SOAH Docket No. 582-17-5288

TCEQ Docket No. 2015-1852-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - August 31, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed April 17, 2017 concerning assessing administrative penalties against and requiring certain actions of Jorge Varela-Mar dba Magnolias Transmission, for violations in Nacogdoches County, Texas, of: Tex. Water Code §26.3475(d) and 30 Tex. Admin. Code §§334.10(b), 334.49(a)(1), 334.602(a), and 334.603(b).

The hearing will allow Jorge Varela-Mar dba Magnolias Transmission, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford Jorge Varela-Mar dba Magnolias Transmission, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of Jorge Varela-Mar dba Magnolias Transmission to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. Jorge Varela-Mar dba Magnolias Transmission, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054, Tex. Water Code chs. 7 and 26, and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Jess Robinson, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: July 31, 2017

TRD-201702896

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Notice of Public Hearing

on Assessment of Administrative Penalties and Requiring Certain Actions of Lalani's Investment Inc. dba 786 Truck Stop 1

SOAH Docket No. 582-17-5360

TCEQ Docket No. 2016-1623-PST-E

The Texas Commission on Environmental Quality (TCEQ or the Commission) has referred this matter to the State Office of Administrative Hearings (SOAH). An Administrative Law Judge with the State Office of Administrative Hearings will conduct a public hearing at:

10:00 a.m. - August 31, 2017

William P. Clements Building

300 West 15th Street, 4th Floor

Austin, Texas 78701

The purpose of the hearing will be to consider the Executive Director's Preliminary Report and Petition mailed March 17, 2017 concerning assessing administrative penalties against and requiring certain actions of LALANI'S INVESTMENT INC. d/b/a 786 Truck Stop 1, for violations in Fort Bend County, Texas, of: 30 Tex. Admin. Code §§334.7(d)(1)(C), 334.10(b)(1)(B), 334.72, and 334.74.

The hearing will allow LALANI'S INVESTMENT INC. d/b/a 786 Truck Stop 1, the Executive Director, and the Commission's Public Interest Counsel to present evidence on whether a violation has occurred, whether an administrative penalty should be assessed, and the amount of such penalty, if any. The first convened session of the hearing will be to establish jurisdiction, afford LALANI'S INVESTMENT INC. d/b/a 786 Truck Stop 1, the Executive Director of the Commission, and the Commission's Public Interest Counsel an opportunity to negotiate and to establish a discovery and procedural schedule for an evidentiary hearing. Unless agreed to by all parties in attendance at the preliminary hearing, an evidentiary hearing will not be held on the date of this preliminary hearing. Upon failure of LALANI'S INVESTMENT INC. d/b/a 786 Truck Stop 1 to appear at the preliminary hearing or evidentiary hearing, the factual allegations in the notice will be deemed admitted as true, and the relief sought in the notice of hearing may be granted by default. The specific allegations included in the notice are those set forth in the Executive Director's Preliminary Report and Petition, attached hereto and incorporated herein for all purposes. LALANI'S INVESTMENT INC. d/b/a 786 Truck Stop 1, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.

Legal Authority: Tex. Water Code §7.054 and chs. 7 and 26 and 30 Tex. Admin. Code chs. 70 and 334; Tex. Water Code §7.058, and the Rules of Procedure of the Texas Commission on Environmental Quality and the State Office of Administrative Hearings, including 30 Tex. Admin. Code §§70.108 and 70.109 and ch. 80, and 1 Tex. Admin. Code ch. 155.

Further information regarding this hearing may be obtained by contacting Lena Roberts, Staff Attorney, Texas Commission on Environmental Quality, Litigation Division, Mail Code 175, P.O. Box 13087, Austin, Texas 78711-3087, telephone (512) 239-3400. Information concerning your participation in this hearing may be obtained by contacting Vic McWherter, Public Interest Counsel, Mail Code 103, at the same P.O. Box address given above, or by telephone at (512) 239-6363.

Any document filed prior to the hearing must be filed with TCEQ's Office of the Chief Clerk and SOAH. Documents filed with the Office of the Chief Clerk may be filed electronically at http://www.tceq.texas.gov/goto/eFilings or sent to the following address: TCEQ Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087. Documents filed with SOAH may be filed via fax at (512) 322-2061 or sent to the following address: SOAH, 300 West 15th Street, Suite 504, Austin, Texas 78701. When contacting the Commission or SOAH regarding this matter, reference the SOAH docket number given at the top of this notice.

In accordance with 1 Tex. Admin. Code §155.401(a), Notice of Hearing, "Parties that are not represented by an attorney may obtain information regarding contested case hearings on the public website of the State Office of Administrative Hearings at www.soah.texas.gov, or in printed format upon request to SOAH."

Persons who need special accommodations at the hearing should call the SOAH Docketing Department at (512) 475-3445, at least one week before the hearing.

Issued: July 31, 2017

TRD-201702897

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit Major Amendment

PROPOSED LIMITED SCOPE AMENDMENT TO PERMIT NO. 2349

APPLICATION. Gulley-Hurst L.L.C., 4833 Saratoga Boulevard, Box 281, Corpus Christi, Nueces County, Texas 78413, owner/operator of the Gulley-Hurst Type IV Landfill, has applied to the Texas Commission on Environmental Quality (TCEQ) for a Limited Scope Permit Major Amendment which requests authorization to revise the Waste Acceptance Plan located in Part IV of the Site Operating Plan. The revision would allow acceptance of Class 2 nonhazardous industrial solid waste that is consistent with rubbish, brush, and construction or demolition waste. The Gulley-Hurst Type IV Landfill is located at 1435 County Road 26, Corpus Christi, Nueces County, Texas 78415. The TCEQ received this application on July 5, 2017. The application is available for viewing and copying at the Coastal Bend Council of Governments, 2901 Leopard Street, Corpus Christi, Nueces County, Texas 78408, and may be viewed online at http://www.gulleyhurst.com. The following website which provides an electronic map of the site or facility's general location is provided as a public courtesy and is not part of the application or notice: https://www.tceq.texas.gov/assets/public/hb610/index.html?lat=27.717777&lng=-97.490833&zoom=13&type=r. For exact location, refer to application.

The TCEQ Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal Coordination Council and has determined that the action is consistent with the applicable CMP goals and policies.

ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period; and the statement "(I/we) request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn.

If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law that are relevant and material to the Commission's decision on the application submitted during the comment period.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. To be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION. All public comments and requests must be submitted either electronically at www.tceq.texas.gov/about/comments.html or in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record. For more information about this permit application or the permitting process, please call the TCEQ's Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar al (800) 687-4040.

Further information may also be obtained from Gulley-Hurst L.L.C. at the address stated above or by calling Mr. R. Bryan Gulley, President at (361) 853-2500.

TRD-201702898

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on July 28, 2017, in the matter of the Executive Director of the Texas Commission on Environmental Quality v. KCWS II, INC., Clark Thomas Winslow, and Kathryn Smith Winslow; SOAH Docket No. 582-17-0378; TCEQ Docket No. 2016-0074-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against KCWS II, INC., Clark Thomas Winslow, and Kathryn Smith Winslow on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Mehgan Taack, Office of the Chief Clerk, (512) 239-3300.

TRD-201702899

Bridget C. Bohac

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 2, 2017


Request for Nominations for the Tax Relief for Pollution Control Property Advisory Committee

In 1993, registered voters in the state of Texas voted in favor of a ballot initiative listed as Proposition 2 (Prop 2), amending the Texas Constitution to authorize the Texas Legislature to exempt from ad valorem taxation "all or part of real and personal property used, constructed, acquired, or installed wholly or partly to meet or exceed rules or regulations adopted by an environmental protection agency of the United States, this state, or a political subdivision of this state for the prevention, monitoring, control, or reduction of air, water, or land pollution." The Texas Legislature implemented Prop 2 by enacting the Texas Tax Code (TTC), §11.31. The Texas Commission on Environmental Quality (TCEQ or commission) adopted 30 Texas Administrative Code Chapter 17, establishing the procedures for obtaining a "positive use determination" under the program. The goal of the program is to provide tax relief to individuals, companies, and political subdivisions that make capital investments to meet or exceed federal, state, or local environmental rules or regulations.

House Bills 3206 and 3544, 81st Texas Legislature, 2009, amended TTC, §11.31 to require the TCEQ to form a permanent advisory committee that will make recommendations to the TCEQ commissioners on matters relating to property tax exemptions for pollution control property. Tax Relief for Pollution Control Property Advisory Committee members were appointed by the TCEQ commissioners to four-year staggered terms. Once the members were selected by the commission, a random drawing was used to assign term lengths. Advisory committee members were initially appointed by the commission on January 27, 2010. The terms of seven advisory committee members expire on December 31, 2017.

House Bill 2280, 82nd Texas Legislature, 2011, amended TTC, §11.31(n) by adding a requirement that at least one of the advisory committee members be a representative of a school district or junior college district containing property that has or had a TTC, §11.31 tax exemption.

The TCEQ is currently accepting applications for potential committee members for the Tax Relief for Pollution Control Property Advisory Committee from the following affiliations: three industry representatives; one taxing unit representative; two appraisal district representatives; and one independent technical expert. Current members whose terms are expiring may apply for reappointment.

Applications for the advisory committee can be found on the TCEQ's website at: http://www.tceq.texas.gov/airquality/taxrelief/advisory_group.html. To apply, complete the nomination form and submit it to the TCEQ by 5:00 p.m. on September 11, 2017. Applications postmarked after that date will only be considered if there are insufficient qualified individuals in specific groups. You can apply to nominate yourself or someone else to the advisory committee, but the TCEQ asks that only interested persons be nominated.

Questions regarding the advisory committee application process can be directed by phone to Elizabeth Sartain of the Tax Relief Program at (512) 239-3933 or by email to txrelief@tceq.texas.gov.

TRD-201702854

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 1, 2017


Update to the Water Quality Management Plan

The Texas Commission on Environmental Quality (TCEQ or commission) requests comments from the public on the draft July 2017 Update to the Update to the Water Quality Management Plan (WQMP) for the State of Texas.

Download the draft July 2017 WQMP Update at https://www.tceq.texas.gov/permitting/wqmp/WQmanagement_updates.html or view a printed copy at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

The WQMP is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft update includes projected effluent limits of specific domestic dischargers, which may be useful for planning in future permit actions. The draft update may also contain service area populations for listed wastewater treatment facilities, designated management agency information, and total maximum daily load (TMDL) revisions.

Once the commission certifies a WQMP update, it is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission.

Deadline

All comments must be received at the TCEQ no later than 5:00 p.m. on September 12, 2017.

How to Submit Comments

Comments must be submitted in writing to:

Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087 Austin, Texas 78711-3087

Comments may also be faxed to (512) 239-4420, but must be followed up with written comments by mail within three working days of the fax date or by the comment deadline, whichever is sooner.

For further information, or questions, please contact Ms. Vignali at (512) 239-1303 or by email at Nancy.Vignali@tceq.texas.gov.

TRD-201702855

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 1, 2017


Texas Ethics Commission

List of Late Filers

Below is a list from the Texas Ethics Commission naming the filers who failed to pay the penalty fine for failure to file the report, or filing a late report, in reference to the specified filing deadline. If you have any questions, you may contact Michelle Gonzales at (512) 463-5800.

Deadline: Semiannual Report due January 17, 2017, for Committees

Terry G. Jones, Dallas County Young Democrats PAC, 13133 West Walnut Hill Lane, Apt. 116, Irving, Texas 75038

Deadline: Personal Financial Statement due May 1, 2017

Troy C. Alley, Jr., 1900 Ballpark Way, Arlington, Texas 76006

TRD-201702812

Seana Willing

Executive Director

Texas Ethics Commission

Filed: July 27, 2017


Texas Facilities Commission

Request for Proposals #303-8-20602-A

The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC) and the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-20602-A. TFC seeks a five (5) or ten (10) year lease of approximately 18,499 square feet of office space in Alamo, Hidalgo County, Texas.

The deadline for questions is August 21, 2017, and the deadline for proposals is August 31, 2017, at 3:00 p.m. The award date is September 28, 2017. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting the Program Specialist, Evelyn Esquivel, at (512) 463-6494. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=142727.

TRD-201702814

Kay Molina

General Counsel

Texas Facilities Commission

Filed: July 28, 2017


Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rate for Truman W. Smith Children's Care Center

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 24, 2017, at 1:00 p.m. to receive public comment on the proposed payment rate for the Truman W. Smith Children's Care Center, a nursing facility in the pediatric care facility special reimbursement class.

The public hearing will be held in Conference Room 5155, on the 5th floor of the Brown Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. Free parking is available in front of the building and in the adjacent parking garage. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.

Proposal. HHSC proposes to increase the payment rate for the pediatric care facility special reimbursement class, of which the Truman W. Smith Children's Care Center is the sole provider, from $270.17 a day to $272.86 a day. The proposed rate will be effective September 1, 2017.

Methodology and Justification. The proposed payment rate was calculated in accordance with Title 1 of the Texas Administrative Code §355.307, which addresses the reimbursement setting methodology for nursing facilities.

Briefing Package. A briefing package describing the proposed payment rate will be available at http://www.hhsc.state.tx.us/rad/rate-packets.shtml on or after August 11, 2017. Interested parties may also obtain a copy of the briefing package prior to the hearing by contacting the HHSC Rate Analysis Department by telephone at (512) 730-7401; by fax at (512) 730-7475; or by email at RAD-LTSS@hhsc.state.tx.us. In addition, the briefing package will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rate may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Health and Human Services Commission, Rate Analysis Department, H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512) 730-7475; or by email to RAD-LTSS@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to the Health and Human Services Commission, Rate Analysis Department, H-400, Brown-Heatly Building, 4900 North Lamar Boulevard, Austin, Texas 78751.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis by calling (512) 730-7401 at least 72 hours prior to the hearing so appropriate arrangements can be made.

TRD-201702889

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: August 1, 2017


Public Notice Managed Transportation Organization Non-emergency Medical Transportation

The Texas Health and Human Services Commission is requesting that the Centers for Medicare & Medicaid Services (CMS) approve an amendment to the Medicaid waiver for Managed Transportation Organization (MTO) Non-emergency Medical Transportation (NEMT) under Section 1915(b) of the Social Security Act. The current waiver is scheduled to expire March 31, 2022. The proposed effective date of the amendment is September 1, 2017.

The purpose of this waiver amendment is to remove Regions 1 and 10 from the waiver. The current contract with LeFleur, the contractor in Regions 1 and 10, expires on August 31, 2017. Effective September 1, 2017, services in Regions 1 and 10 will be provided under the State Plan, and a concurrent amendment to the State Plan will be submitted to CMS for approval. This Section 1915(b) waiver amendment does not impact eligibility standards, methods or procedures. Additionally, the Section 1915(b) waiver amendment does not impact cost effectiveness.

The Section 1915(b) MTO NEMT waiver allows MTOs to provide the full range of non-emergency medical transportation (NEMT) services (e.g., mass transit, mileage reimbursement, meal and lodging, and demand response) to clients in their MTO Region. Through this waiver, a managed transportation delivery model was implemented in certain counties throughout the state. These MTOs have the flexibility to meet a client's transportation needs through direct delivery and subcontracting for transportation services. The waiver did not change the NEMT scope of benefits for the individuals who use this service. HHSC retains sole authority to approve individual services and benefits. The waiver allows the MTOs to own their own vehicles, and the State reimburses the MTOs utilizing a capitated arrangement.

To obtain a free copy of the proposed waiver amendment, or to ask questions, request additional information, or submit comments regarding this amendment, please contact Sallie Allen by mail at Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-600, Austin, Texas 78708-5200, phone (512) 424-6969, fax (512) 487-3403, or by email at TX_Medicaid_Waivers@hhsc.state.tx.us.

TRD-201702820

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 28, 2017


Public Notice: State Plan Amendment to Non-Emergency Medical Transportation

The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 17-0018 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to revise the State plan for NEMT services to address changes in Regions 1 and 10. The current contract with LeFleur Transportation of Texas, the contractor in Regions 1 and 10, expires on August 31, 2017. Effective September 1, 2017, services in Regions 1 and 10, currently being provided under a 1915(b) waiver, will be provided under the State Plan. The revision to the State Plan will reflect this change in responsibility for delivery of NEMT services in Regions 1 and 10 from a prepaid ambulatory health plan (PAHP) delivery model administered by a Managed Transportation Organization to a full-risk broker model administered by a contractor under the State Plan.

This proposed amendment does not have a direct impact on client eligibility or the scope of services delivered. The requested effective date for the proposed amendment is September 1, 2017.

To obtain copies of the proposed amendment, interested parties may contact Doneshia Ates, State Plan Policy Advisor, by mail at the Health and Human Services Commission, PO Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1963; by facsimile at (512) 487-3403; or by email at Medicaid_Chip_SPA_Inquiries@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-201702803

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Filed: July 26, 2017


Texas Department of Housing and Community Affairs

Notice to Public and to All Interested Mortgage Lenders

The Texas Department of Housing and Community Affairs (the "Department") intends to implement a Mortgage Credit Certificate Program (the "Program") to assist eligible very low, low, and moderate income first-time homebuyers with the purchase of a residence located within the State of Texas.

Under the Program, a first-time homebuyer who satisfies the eligibility requirements described herein may receive a federal income tax credit in an amount equal to the product of the certificate credit rate established under the Program and the interest paid or accrued by the homeowner during the taxable year on the remaining principal of the certified indebtedness amount incurred by the homeowner to acquire the principal residence of the homeowner; provided that such credit allowed in any taxable year does not exceed $2,000. In order to qualify to receive a mortgage credit certificate, the homebuyer must qualify for a conventional, FHA, VA or other home mortgage loan from a lending institution and must meet the other requirements of the Program.

The mortgage credit certificates will be issued to qualified mortgagors on a first-come, first-served basis by the Department, which will review applications from lending institutions and prospective mortgagors to determine compliance with the requirements of the Program and determine that mortgage credit certificates remain available under the Program. No mortgage credit certificates will be issued prior to ninety (90) days from the date of publication of this notice or after the date that all of the credit certificate amount has been allocated to homebuyers, and in no event will mortgage credit certificates be issued later than the date permitted by federal tax law.

In order to satisfy the eligibility requirements for a mortgage credit certificate under the Program: (a) the prospective residence must be a single-family residence located within the State of Texas that can be reasonably expected to become the principal residence of the mortgagor within a reasonable period of time after the financing is provided; (b) the prospective homebuyer's current income must not exceed, (1) for families of three or more persons, 115% (140% in certain targeted areas or in certain cases permitted under applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code")) of the area median income; and (2) for individuals and families of two persons, 100% (120% in certain targeted areas or in certain cases permitted under applicable provisions of the Code) of the area median income; (c) the prospective homebuyer must not have owned a home as a principal residence during the past three years (except in the case of certain targeted area residences or in certain cases permitted under applicable provisions of the Code); (d) the acquisition cost of the residence must not exceed 90% (110%, in the case of certain targeted area residences or in certain cases permitted under applicable provisions of the Code) of the average area purchase price applicable to the residence; and (e) no part of the proceeds of the qualified indebtedness may be used to acquire or replace an existing mortgage (except in certain cases permitted under applicable provisions of the Code). To obtain additional information on the Program, including the boundaries of current targeted areas, as well as the current income and purchase price limits (which are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy), please contact Dina Gonzalez at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701-2410; telephone (512) 475-3993.

The Department intends to maintain a list of single family mortgage lenders that will participate in the Program by making loans to qualified holders of these mortgage credit certificates. Any lender interested in appearing on this list or in obtaining additional information regarding the Program should contact Dina Gonzalez at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701-2410; (512) 475-3993. The Department may schedule a meeting with lenders to discuss in greater detail the requirements of the Program.

This notice is published in satisfaction of the requirements of §25 of the Code and Treasury Regulation §1.25-3T(j)(4) issued thereunder regarding the public notices prerequisite to the issuance of mortgage credit certificates and to maintaining a list of participating lenders.

TRD-201702831

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Filed: July 31, 2017


Texas Department of Insurance

Company Licensing

Application to do business in the state of Texas by CM SELECT INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Merrill, Wisconsin.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Jeff Hunt, 333 Guadalupe Street, MC 305-2C, Austin, Texas 78701.

TRD-201702900

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: August 2, 2017


Texas Windstorm Insurance Association Proposed Residential Renewal Application Revisions

Reference Number: P-0717-05

SERFF State Tracking No. S643916

The Texas Windstorm Insurance Association has submitted revisions to its Residential Renewal Application to the Texas Department of Insurance for approval under 28 TAC §5.4911.

You may obtain a copy of the filing from the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104 or from www.tdi.texas.gov/submissions/indextwia.html.

Public Comment: To comment on the submission, you must send two copies of your comments to the Texas Department of Insurance by 5:00 p.m., Central time, on Monday, September 11, 2017. Send one copy to the chief clerk by email to chiefclerk@tdi.texas.gov, or by mail to the Texas Department of Insurance, Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104. Send the other copy to Marianne Baker, Director, Property and Casualty Lines Office, by email to CommercialPC@tdi.texas.gov, or by mail to the Texas Department of Insurance, Property and Casualty Lines Office, Mail Code 104-PC, P.O. Box 149104, Austin, Texas 78714-9104.

Hearing Requests: To request a public hearing, you must submit a request separately by 5:00 p.m., Central time, on Thursday, August 31, 2017. Send the request for a hearing by email to chiefclerk@tdi.texas.gov, or by mail to the Texas Department of Insurance, Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104.

TRD-201702852

Norma Garcia

General Counsel

Texas Department of Insurance

Filed: August 1, 2017


Texas Lottery Commission

Scratch Ticket Game Number 1893 "A Cut Above"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 1893 is "A CUT ABOVE". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. Tickets for Scratch Ticket Game No. 1893 shall be $2.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 1893.

A. Display Printing - That area of the Scratch 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 Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch 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: 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, $2.00, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00, $100, $1,000 and $30,000.

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. 1893 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

F. 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1893), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 125 within each Pack. The format will be: 1893-0000001-001.

H. Pack - A Pack of "A CUT ABOVE" Scratch Ticket Game contains 125 Scratch 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.

I. Non-Winning Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch 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.

J. Scratch Ticket Game, Scratch Ticket or Ticket - A Texas Lottery "A CUT ABOVE" Scratch Ticket Game No. 1893.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch 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 Scratch Ticket. A prize winner in the "A CUT ABOVE" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 23 (twenty-three) Play Symbols. If the player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

A. To be a valid Scratch Ticket, all of the following requirements must be met:

1. Exactly 23 (twenty-three) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch 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 Scratch Ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Scratch 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 Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly 23 (twenty-three) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 23 (twenty-three) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 23 (twenty-three) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch 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-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.

B. The Scratch 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 Scratch 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 Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive Non-Winning Tickets within a Pack will not have matching patterns of either Play Symbols or Prize Symbols.

B. A Ticket will win as indicated by the prize structure.

C. A Ticket can win up to ten (10) times.

D. On winning and Non-Winning Tickets, the top cash prizes of $1,000 and $30,000 will each appear at least once, except on Tickets winning ten (10) times.

E. No matching non-winning YOUR NUMBERS Play Symbols will appear on a Ticket.

F. Non-winning Prize Symbols will not match a winning Prize Symbol on a Ticket.

G. On all Tickets, a Prize Symbol will not appear more than two (2) times, except as required by the prize structure to create multiple wins.

H. No matching WINNING NUMBERS Play Symbols will appear on a Ticket.

I. YOUR NUMBERS Play Symbols will never equal the corresponding Prize Symbol (i.e., 5 and $5, 10 and $10, 15 and $15, 20 and $20).

2.3 Procedure for Claiming Prizes.

A. To claim an "A CUT ABOVE" Scratch Ticket Game prize of $2.00, $5.00, $10.00, $15.00, $20.00, $30.00, $50.00 or $100, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch 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 Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $50.00 or $100 Scratch Ticket Game. 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 an "A CUT ABOVE" Scratch Ticket Game prize of $1,000 or $30,000, the claimant must sign the winning Scratch 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 Scratch 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 an "A CUT ABOVE" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch 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 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 Scratch 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 "A CUT ABOVE" Scratch Ticket 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 "A CUT ABOVE" Scratch Ticket 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 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket 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 Scratch Ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.

3.0 Scratch Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch 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 Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch 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 Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 6,960,000 Scratch Tickets in the Scratch Ticket Game No. 1893. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 1893 - 4.0 (.pdf)

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 1893 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket Game closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 1893, 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-201702891

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 2, 2017


Scratch Ticket Game Number 2000 "Día De Los Muertos"

1.0 Name and Style of Scratch Ticket Game.

A. The name of Scratch Ticket Game No. 2000 is "DÍA DE LOS MUERTOS". The play style is "key number match".

1.1 Price of Scratch Ticket Game.

A. The price for Scratch Ticket Game No. 2000 shall be $5.00 per Scratch Ticket.

1.2 Definitions in Scratch Ticket Game No. 2000.

A. Display Printing - That area of the Scratch 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 Scratch Ticket.

C. Play Symbol - The printed data under the latex on the front of the Scratch 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: 01, 03, 04, 05, 06, 07, 08, 09, 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, 36, 37, 38, 39, 40, PARTY HAT SYMBOL, 2X SYMBOL, $5.00, $10.00, $15.00, $20.00, $40.00, $50.00, $100, $500, $1,000 and $100,000.

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. 2000 - 1.2D (.pdf)

E. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

F. 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 Scratch Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.

G. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (2000), a seven (7) digit Pack number, and a three (3) digit Scratch Ticket number. Scratch Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2000-0000001-001.

H. Pack - A Pack of the "DÍA DE LOS MUERTOS" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.

I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch 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.

J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "DÍA DE LOS MUERTOS" Scratch Ticket Game No. 2000.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch 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 Scratch Ticket. A prize winner in the "DÍA DE LOS MUERTOS" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose 44 (forty-four) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the WINNING NUMBERS Play Symbols, the player wins the prize for that number. If a player reveals a "PARTY HAT" Play Symbol, the player wins the prize for that symbol instantly. If a player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. Si el jugador iguala cualquier Símbolo de Juego de TUS NÚMEROS con cualquier Símbolo de Juego de NÚMEROS GANADORES, el jugador gana el premio para ese número. Si el jugador revela un Símbolo de Juego de "SOMBRERO DE FIESTA", el jugador gana el premio para ese símbolo al instante. Si el jugador revela un Símbolo de Juego de "2X", el jugador gana DOBLE el premio para ese símbolo. No portion of the Display Printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Scratch Ticket.

2.1 Scratch Ticket Validation Requirements.

A. To be a valid Scratch Ticket, all of the following requirements must be met:

1. Exactly 44 (forty-four) Play Symbols must appear under the Latex Overprint on the front portion of the Scratch 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 Scratch Ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Scratch 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 Scratch Ticket;

8. The Scratch Ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The Scratch Ticket must not be counterfeit in whole or in part;

10. The Scratch Ticket must have been issued by the Texas Lottery in an authorized manner;

11. The Scratch Ticket must not have been stolen, nor appear on any list of omitted Scratch Tickets or non-activated Scratch Tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Scratch Ticket Number must be right side up and not reversed in any manner;

13. The Scratch Ticket must be complete and not miscut, and have exactly 44 (forty-four) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Scratch Ticket Number on the Scratch Ticket;

14. The Serial Number of an apparent winning Scratch Ticket shall correspond with the Texas Lottery's Serial Numbers for winning Scratch Tickets, and a Scratch Ticket with that Serial Number shall not have been paid previously;

15. The Scratch Ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 44 (forty-four) Play Symbols on the Scratch Ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the Scratch 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-Scratch Ticket Number must be printed in the Pack-Scratch Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The Display Printing on the Scratch Ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The Scratch Ticket must have been received by the Texas Lottery by applicable deadlines.

B. The Scratch 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 Scratch 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 Scratch Ticket. In the event a defective Scratch Ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective Scratch Ticket with another unplayed Scratch Ticket in that Scratch Ticket Game (or a Scratch Ticket of equivalent sales price from any other current Texas Lottery Scratch Ticket Game) or refund the retail sales price of the Scratch Ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. A Ticket can win up to twenty (20) times in accordance with the approved prize structure.

B. Adjacent Non-Winning Tickets within a Pack will not have matching Play Symbol and Prize Symbol patterns. Two (2) Tickets have matching Play Symbol and Prize Symbol patterns if they have the same Play Symbols and Prize Symbol in the same spots.

C. The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure.

D. Each Ticket will have four (4) different WINNING NUMBERS/NÚMEROS GANADORES Play Symbols.

E. Non-winning YOUR NUMBERS/TUS NÚMEROS Play Symbols will all be different.

F. Non-winning Prize Symbols will never appear more than three (3) times.

G. The "PARTY HAT" (WIN) and "2X" (DBL) Play Symbols will never appear in the WINNING NUMBERS/NÚMEROS GANADORES Play Symbol spots.

H. The "2X" (DBL) Play Symbol will appear as dictated by the prize structure.

I. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).

J. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS/TUS NÚMEROS Play Symbol (i.e., 20 and $20).

2.3 Procedure for Claiming Prizes.

A. To claim a "DÍA DE LOS MUERTOS" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and present the winning Scratch 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 Scratch Ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $50.00, $100 or $500 Scratch Ticket Game. 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 "DÍA DE LOS MUERTOS" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch 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 Scratch 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 "DÍA DE LOS MUERTOS" Scratch Ticket Game prize, the claimant must sign the winning Scratch Ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, P.O. Box 16600, Austin, Texas 78761-6600. The Texas Lottery is not responsible for Scratch 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 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 Scratch 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 "DÍA DE LOS MUERTOS" Scratch Ticket 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 "DÍA DE LOS MUERTOS" Scratch Ticket 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 Scratch Ticket Claim Period. All Scratch Ticket prizes must be claimed within 180 days following the end of the Scratch Ticket 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 Scratch Ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of Scratch Tickets ordered. The number of actual prizes available in a game may vary based on number of Scratch Tickets manufactured, testing, distribution, sales and number of prizes claimed. A Scratch Ticket Game may continue to be sold even when all the top prizes have been claimed.

3.0 Scratch Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of a Scratch Ticket in the space designated, a Scratch Ticket shall be owned by the physical possessor of said Scratch Ticket. When a signature is placed on the back of the Scratch Ticket in the space designated, the player whose signature appears in that area shall be the owner of the Scratch 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 Scratch Ticket in the space designated. If more than one name appears on the back of the Scratch 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 Scratch Tickets and shall not be required to pay on a lost or stolen Scratch Ticket.

4.0 Number and Value of Scratch Ticket Prizes. There will be approximately 8,040,000 Scratch Tickets in Scratch Ticket Game No. 2000. The approximate number and value of prizes in the game are as follows:

Figure 2: GAME NO. 2000 - 4.0 (.pdf)

A. The actual number of Scratch Tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Scratch Ticket Game. The Executive Director may, at any time, announce a closing date (end date) for the Scratch Ticket Game No. 2000 without advance notice, at which point no further Scratch Tickets in that game may be sold. The determination of the closing date and reasons for closing will be made in accordance with the Scratch Ticket closing procedures and the Instant Game Rules. See 16 TAC §401.302(j).

6.0 Governing Law. In purchasing a Scratch Ticket, the player agrees to comply with, and abide by, these Game Procedures for Scratch Ticket Game No. 2000, 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-201702894

Bob Biard

General Counsel

Texas Lottery Commission

Filed: August 2, 2017


Texas Board of Nursing

Invitation for Consultants to Provide Offers of Auditing Services

The Texas Board of Nursing (Board) is issuing this Invitation for Consultants to Provide Offers of Auditing Services pursuant to Texas Government Code, Chapter 2254, Subchapter B. The purpose of this solicitation is to select a consultant to perform an audit of the Texas Peer Assistance Program for Nurses (TPAPN), make recommendations, if appropriate, and report the results to the Board.

1. BACKGROUND

The Board is under a current contract with the Texas Nurses Foundation to provide peer assistance services, through TPAPN, to nurses with substance use disorders and/or mental health issues. During its recent review by the Texas Sunset Advisory Commission, (Commission), the Commission recommended that the Board establish meaningful performance goals and a clear procedure for evaluating TPAPN in order to determine the effectiveness of the program. Further, the Commission recommended that the Board consider establishing targets/goals for its current measures of recidivism and dropout rates, as well as other measures to indicate program effectiveness. The Commission also recommended that the Board consider incorporating new measures/ means to evaluate its peer assistance program in its next Request for Proposal (RFP) and consider amending its current contract with the Texas Nurses Foundation.

In order for the Board to comply with the Commission's recommendations, TPAPN must be audited. However, the Board does not possess the requisite expertise to adequately perform an audit of TPAPN, nor can the Board obtain the necessary services through a contract with another state governmental entity to perform such an audit (See Texas Government Code §2254.026). As such, the Board is now seeking a consultant to conduct an audit of TPAPN. Pursuant to Texas Government Code §§2254.022, 2254.026, and 2254.028, the Board requested a finding of fact from the Governor's Budget and Planning Office that the consulting services sought by the Board were necessary. On April 25, 2017, the Board received confirmation from the Governor's office that the auditing services were, in fact, necessary.

Pursuant to Texas Government Code §2254.022, this solicitation is made to ensure the greatest and fairest competition in the selection of a consultant by the Board and to give notice to all potential consultants of the need for, and opportunity to, provide auditing services to the Board.

2. ELIGIBLE APPLICANTS AND REQUESTED SERVICES

The requested audit must evaluate TPAPN's overall performance under the Board's contract, including a determination of whether TPAPN is performing as expected under the contract, and whether it is in the public interest to continue the contract. The requested audit must also include a review of all of TPAPN's internal performance metrics; the existence of, and adherence to, TPAPN's internal guidelines and policies; adherence to the Board's policies; consistency and fairness in the treatment of the program's participants; TPAPN's methods of internal record keeping; the appropriateness of fees paid by the participants; enrollment trends, including waiting periods for enrollment into the program; TPAPN's sustained enrollments rates; satisfaction ratings of the participants; and the completion rate of participants. The requested audit must also evaluate the level of TPAPN's managerial control over the program; TPAPN's ability to construct, produce, and maintain meaningful performance measures for the program; TPAPN's commitment to providing non-punitive, rehabilitative services to participants; TPAPN's ability to construct budgetary constraints designed to sustain and enhance the longevity of the program; and TPAPN's ability to timely enroll new participants in the program, minimize attrition, and incentivize completion of the program. Additionally, the requested audit should also include an evaluation of TPAPN's ability to meet and adjust to the changing needs of the participants, including consideration of a participant's specific diagnosis under the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM-V) (i.e., mild, moderate, or severe substance use disorder).

Applicants must have knowledge of, or familiarity with, the operations of peer assistance programs and sufficient experience in evaluating and/or auditing peer assistance programs in Texas or in other states. Applicants must be able to demonstrate sufficient experience in auditing at least one state peer assistance program within the past 10 years and be able to provide a sample of a prior audit report to the Board upon request. Applicants must demonstrate their competence, expertise, and ability to produce, at a minimum, an audit report that meets the requirements described in this section. It is preferred that applicants be able to also demonstrate an appropriate understanding or familiarity with the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM-V) and its relevancy to peer assistance programs.

The Board does not anticipate the value of a major consulting contract awarded in response to this solicitation to exceed $25,000.

3. REVIEW AND AWARD CRITERIA

Pursuant to Texas Government Code §2254.027, the Board will evaluate an applicant's competence, knowledge, and qualifications, as well as the reasonableness of the proposed fee for the requested services. If other considerations are equal, preference will be given to an applicant whose principal place of business is in the State of Texas or who will manage the consulting contract wholly from an office in the state.

4. Contact Information

All offers/proposals should be submitted in writing to:

Keith LaSalle

Texas Board of Nursing

333 Guadalupe, Tower 3, Suite 460

Austin, Texas 78701

Keith.lasalle@bon.texas.gov

Tel. No. (512) 305-6857

5. Closure Date

All offers/proposals must be in writing and received in the Board's offices no later than 5 PM Central Time, September 11, 2017.

6. Award of Contract

Pursuant to Texas Government Code §2254.030, should a major consulting contract be awarded in response to this solicitation, not later than the 20th day after the effective date of the contract, the Board will file with the Secretary of State, for publication in the Texas Register, a description of the activities that the consultant will conduct; the name and business address of the consultant; the total value and the beginning and ending dates of the contract; and the dates on which documents, films, recordings, or reports that the consultant is required to present to the Board are due.

Pursuant to Texas Government Code §2254.0301, should a major consulting contract be awarded in response to this solicitation, not later than 10th day after the effective date of the contract, the Board will provide written notice to the Legislative Budget Board of the awarded contract for consulting services if the amount of the contract, including an amendment, modification, renewal, or extension of the contract, exceeds $14,000.

TRD-201702888

Jena Abel

Deputy General Counsel

Texas Board of Nursing

Filed: August 1, 2017


Texas Public Finance Authority

Request for Offer #347-17-0051 - Enterprise Content Management Solution

The Texas Public Finance Authority (TPFA) is requesting offers for an Enterprise Content Management (ECM) solution software and related system modification services that can be configured to TPFA's specific needs to assist the agency in managing workflow and related document storage associated with debt issuance and ongoing post issuance debt management and compliance through the life of the outstanding debt. Submission deadline for sealed written offers is August 21, 2017, at 3:00 p.m. Copies of the Request for Offer may be obtained from the Authority's webpage at http://www.tpfa.texas.gov/rfp.aspx, through e-mail at RFO@tpfa.texas.gov, through the CPA's Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=142831, or by mail at Texas Public Finance Authority, P.O. Box 12906, Austin, Texas 78711-2906.

TRD-201702890

Kevin Van Oort

General Counsel

Texas Public Finance Authority

Filed: August 2, 2017


Public Utility Commission of Texas

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

The Public Utility Commission of Texas (commission) received an application on July 26, 2017, to amend a state-issued certificate of franchise authority, under Public Utility Regulatory Act §§66.001 - 66.016.

Project Title and Number: Application of Comcast of Houston, LLC for Amendment to its State-Issued Certificate of Franchise Authority, Project Number 47442.

The requested amendment is to expand the service area footprint to include all areas within the unincorporated areas of Austin and Colorado counties, excluding any federal properties, and within the municipal boundaries, including future annexations, of Columbus, Danbury, and Sealy, Texas.

Information on the application may be obtained by contacting the commission 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All inquiries should reference Project Number 47442.

TRD-201702823

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 28, 2017


Notice of Application for Regulatory Approvals

Notice is given to the public of an application by Texas Transmission Holdings Corporation and NextEra Energy, Inc. filed with the Public Utility Commission of Texas (Commission) on July 28, 2017, pursuant to the Public Utility Regulatory Act, Texas Utility Code §§11.001-58.303 (West 2016), §§59.001-66.017 (West 2007 & Supp. 2016) (PURA).

Docket Style and Number: Joint Report and Application of Texas Transmission Holdings Corporation and NextEra Energy, Inc. for Regulatory Approvals Pursuant to PURA §§14.101, 39.262 and 39.915, Docket Number 47453.

The Application: Texas Transmission Holdings Corporation (TTHC) and NextEra Energy, Inc. (NextEra) filed a joint report and application for regulatory approvals of NextEra's proposed acquisition of the 19.75% minority interest in Oncor Electric Delivery Company LLC that is indirectly held by TTHC.

Persons who wish to intervene in or comment upon this application should notify the Public Utility Commission of Texas. A request to intervene or for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326. Further information may also be obtained by calling the Public Utility Commission at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. The deadline to intervene is August 28, 2017. All correspondence should refer to Docket Number 47453.

TRD-201702874

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2017


Notice of Application to Amend a Water and Sewer Certificate of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to amend a water and sewer certificate of convenience and necessity in Montgomery County.

Docket Style and Number: Application of Quadvest L.P. to Amend its Water and Sewer Certificates of Convenience and Necessity in Montgomery County, Docket Number 47440.

The Application: Quadvest L.P. filed an application to amend its water CCN No. 11612 and sewer CCN No. 20952 in Montgomery County. The total service area being requested includes approximately 134 acres and 0 current customers.

Persons wishing to intervene or comment on the action sought should contact the commission 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 telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47440.

TRD-201702807

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 27, 2017


Notice of Application to Amend Water and Sewer Certificates of Convenience and Necessity

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) to amend a water and a sewer certificate of convenience and necessity in Denton and Collin Counties.

Docket Style and Number: Application of Mustang Special Utility District to Amend Water and Sewer Certificates of Convenience and Necessity in Denton and Collin Counties, Docket Number 47452.

The Application: Mustang Special Utility District filed an application to amend water certificate of convenience and necessity (CCN) number 11856 and sewer CCN number 20930 in Denton and Collin Counties. The total area being requested includes approximately 1,460 acres and 0 current customers.

Persons wishing to intervene or comment on the action sought should contact the commission 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 telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47452.

TRD-201702907

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 2, 2017


Notice of Petition for Amendment to Certificate of Convenience and Necessity by Expedited Release

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) on July 27, 2017, a petition to amend a certificate of convenience and necessity (CCN) by expedited release in Denton County, Texas.

Docket Style and Number: Petition of the Herman H. Hopkins Estate to Amend Bolivar Water Supply Corporation's and City of Denton's Certificates of Convenience and Necessity in Denton County by Expedited Release, Docket Number 47444.

The Petition: The Herman H. Hopkins Estate seeks the expedited release of approximately 60.093 acres from Bolivar Water Supply Corporation's water CCN No. 11257 and the City of Denton's water CCN. No. 10195 in Denton, County under Texas Water Code §13.254(a-5) and 16 Texas Administrative Code §24.113(l).

Persons wishing to comment on the action sought should contact the commission no later than August 28, 2017, 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. All comments should reference Docket Number 47444.

TRD-201702875

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 1, 2017


Notice of Proceeding for 2017 Annual Compliance Affidavit Attesting to Proper Use of Texas Universal Service Fund

Notice is given to the public of the 2017 annual compliance affidavit proceeding initiated by the Public Utility Commission of Texas (commission) for eligible telecommunications providers (ETP) and resale eligible telecommunications providers (RETP) to attest to the proper use of Texas universal service funds (TUSF).

Project Title and Number: Annual Compliance Affidavit Attesting to Proper Use of Texas Universal Service Fund Pursuant to PURA §56.030. Project Number 32567.

The commission initiated this proceeding pursuant to Public Utility Regulatory Act (PURA) §56.030 and 16 Texas Administrative Code §26.417 and §26.419 (TAC). PURA §56.030 requires that on or before September 1 of each year, a telecommunications provider that receives disbursements from the TUSF file with the commission an affidavit certifying that the telecommunications provider complies with the requirements for receiving money from the TUSF and requirements regarding the use of money from TUSF program for which the telecommunications provider receives disbursements.

This certification requirement applies to every ETP and RETP receiving support from the TUSF. In accordance with PURA §56.030 and 16 TAC §26.417 and §26.419, each ETP and RETP receiving TUSF support must file with the commission a sworn affidavit (using the commission prescribed form) certifying that the provider complies with the requirements for receiving money from the TUSF and the requirements regarding the use of money from each TUSF program for which the provider receives funds. All carriers in Texas requesting certification by the commission shall submit an affidavit by August 30, 2017.

Carriers designated as ETPs may contact the commission 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. Persons contacting the commission regarding this proceeding should refer to Project Number 32567.

TRD-201702811

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 27, 2017


Notice of Proceeding for 2017 Annual State Certification for Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds

Notice is given to the public of the 2017 annual certification proceeding initiated by the Public Utility Commission of Texas (commission) for state certification of common carriers as eligible telecommunications carriers (ETC) to receive federal universal service funds.

Project Title and Number: Designation of Common Carriers as Eligible Telecommunications Carriers to Receive Federal Universal Service Funds. Project Number 24481.

Under 47 C.F.R. §54.314, the commission annually certifies that all federal high-cost support provided to carriers in Texas was used in the preceding calendar year and will be used in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended. The commission must file the certification with the Federal Communications Commission and the Universal Service Administrative Company by October 1 each year in order for ETCs to receive federal high-cost support. Without certification, carriers will not receive federal high-cost support.

The certification requirement applies to all incumbent local exchange carriers and competitive eligible telecommunications carriers seeking federal high-cost support. Under 16 Texas Administrative Code §26.418(k), on or before September 1 of each year, each carrier shall provide the commission with a sworn affidavit certifying that the carrier complies with federal requirements for receiving federal high-cost support. All carriers in Texas requesting certification by the commission shall submit an affidavit by August 30, 2017.

Carriers seeking to be certified may contact the commission 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. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission through Relay Texas by dialing 7-1-1. Persons contacting the commission regarding this proceeding should refer to Project Number 24481.

TRD-201702810

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: July 27, 2017


Texas Department of Transportation

Aviation Division - Request for Qualifications for Professional Engineering Services

The City of Sweetwater, through its agent, the Texas Department of Transportation (TxDOT), intends to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Sweetwater; TxDOT CSJ No.: 1708SWEET.

The TxDOT Project Manager is Paul Slusser.

Scope: Provide engineering and design services, including construction administration, to:

1. Install perimeter game fence;

2. Rehabilitate and mark Runway 17/35;

3. Rehabilitate and mark Runway 4/22;

4. Rehabilitate and mark Taxiways A,B,C and D; and

5. Rehabilitate apron.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal for the design phase of the current project is 0%. The goal will be re-set for the construction phase.

The City of Sweetwater reserves the right to determine which of the services listed above may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services listed above.

To assist in your qualification statement preparation the criteria, 5010 drawing, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Avenger Field." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for the current scope.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than September 6, 2017 11:59 PM. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Kelle Chancey, Grant Manager. For technical questions, please contact Paul Slusser, Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at 1-800-687-4568 or avn-egrantshelp@txdot.gov.

TRD-201702824

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 28, 2017


Aviation Division - Request for Qualifications for Professional Engineering Services

The City of Post and Garza County, through their agent, the Texas Department of Transportation (TxDOT), intend to engage a professional engineering firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT Aviation Division will solicit and receive qualification statements for the current aviation project as described below.

Current Project: City of Post and Garza County; TxDOT CSJ No.: 1705POSTT.

The TxDOT Project Manager is Paul Slusser.

Scope: Provide engineering and design services, including construction administration, to:

1. Replace medium intensity runway lighting Runway 17-35;

2. Install precision approach path indicator-2 on both ends Runway 17-35;

3. Replace medium intensity runway lighting Runway 6-24;

4. Pavement repair on Runway 24;

5. Repair dip on Runway 17-35;

6. Regrade ditches; and

7. Mark Runway 17-35.

The Agent, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The proposed contract is subject to 49 CFR Part 26 concerning the participation of Disadvantaged Business Enterprises (DBE).

The DBE goal for the design phase of the current project is 14%. The goal will be re-set for the construction phase.

Utilizing multiple engineering/design and construction grants over the course of the next five years, future scope of work items at the Post-Garza County Municipal Airport may include the following:

Pavement rehabilitation of Runway 17-35; pavement rehabilitation of Runway 6-24; pavement rehabilitation of taxiway; pavement rehabilitation of ramp; and pavement rehabilitation of taxilane.

The City of Post and Garza County reserve the right to determine which of the services listed above may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services listed above.

To assist in your qualification statement preparation, the criteria, 5010 drawing, project diagram, and most recent Airport Layout Plan are available online at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm by selecting "Post-Garza County Municipal Airport." The qualification statement should address a technical approach for the current scope only. Firms shall use page 4, Recent Airport Experience, to list relevant past projects.

AVN-550 Preparation Instructions:

Interested firms shall utilize the latest version of Form AVN-550, titled "Qualifications for Aviation Architectural/Engineering Services." The form may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, phone number, (800) 68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT website at http://www.txdot.gov/inside-txdot/division/aviation/projects.html. The form may not be altered in any way. Firms must carefully follow the instructions provided on each page of the form. Qualifications shall not exceed the number of pages in the AVN-550 template. The AVN-550 consists of eight pages of data plus one optional illustration page. A prime provider may only submit one AVN-550. If a prime provider submits more than one AVN-550, or submits a cover page with the AVN-550, that provider will be disqualified. Responses to this solicitation WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

The completed Form AVN-550 must be received in the TxDOT Aviation eGrants system no later than September 6, 2017, 11:59 p.m. (CDST). Electronic facsimiles or forms sent by email or regular/overnight mail will not be accepted.

Firms that wish to submit a response to this solicitation must be a user in the TxDOT Aviation eGrants system no later than one business day before the solicitation due date. To request access to eGrants, please complete the Contact Us web form located at http://txdot.gov/government/funding/egrants-2016/aviation.html.

An instructional video on how to respond to a solicitation in eGrants is available at http://txdot.gov/government/funding/egrants-2016/aviation.html.

Step by step instructions on how to respond to a solicitation in eGrants will also be posted in the RFQ packet at http://www.dot.state.tx.us/avn/avninfo/notice/consult/index.htm.

The consultant selection committee will be composed of local government representatives. The final selection by the committee will generally be made following the completion of review of AVN-550s. The committee will review all AVN-550s and rate and rank each. The Evaluation Criteria for Engineering Qualifications can be found at http://www.txdot.gov/inside-txdot/division/aviation/projects.html under Information for Consultants. All firms will be notified and the top rated firm will be contacted to begin fee negotiations for the design and bidding phases. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at (800) 68-PILOT (74568). For procedural questions, please contact Kelle Chancey, Grant Manager. For technical questions, please contact Paul Slusser, Project Manager.

For questions regarding responding to this solicitation in eGrants, please contact the TxDOT Aviation help desk at (800) 687-4568 or avn-egrantshelp@txdot.gov.

TRD-201702847

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 31, 2017


Texas Water Development Board

Applications for July 2017

Pursuant to Texas Water Code §6.195, the Texas Water Development Board provides notice of the following applications:

Project ID #62708, a request from Barton Water Supply Corporation, P.O. Box 272, Gordon, Texas 76453-0272, received August 16, 2016 for $200,000 in principal forgiveness from the Drinking Water State Revolving Fund to finance planning, design, and construction of water system improvements.

Project ID #73764, a request from the San Jacinto River Authority, P.O. Box 329, Conroe, Texas 77305-0329, received April 3, 2017, for $43,000,000 in financing from the Clean Water State Revolving Fund for design and construction of wastewater system improvements.

Project ID #62570, a request from the City of New Deal, P.O. Box 126, New Deal, Texas 79350-0126, received February 17, 2017, for $1,033,800 in financial assistance consisting of a $935,000 obligation and $98,800 in principal forgiveness from the Drinking Water State Revolving Fund for construction of water system improvements and a waiver from the requirement to include funds to mitigate water loss as part of the project.

Project ID #62722, a request from the Bracken Christian School of Bulverde, 670 Old Boerne Rd., Bulverde, Texas 78163-3202, received February 1, 2017, for $32,072 in principal forgiveness from the Drinking Water State Revolving Fund to connect to Canyon Lake Water Service Company.

Project ID #62749, a request from the Greater Texoma Utility Authority on behalf of the City of Krum, 5100 Airport Dr., Denison, Texas 75020-8448, received April 5, 2017, for $1,225,000 in financing from the Drinking Water State Revolving Fund for planning, acquisition, design, and construction of a new water well and appurtenances.

Project ID #73759, a request from the City of Quinlan, 210 Hwy. 79; Suite 101, Hutton, Texas 78634, received March 3, 2017, for $1,890,000 in financing from the Clean Water State Revolving Fund for planning, design, and construction of wastewater treatment plant and collection system improvements.

Project ID #62747, a request from the Mustang Special Utility District, 7985 FM 2931, Aubrey, Texas 76227, received March 30, 2017, for $3,555,000 in financing from the Drinking Water State Revolving Fund for the construction of a new elevated storage tank.

Project ID #62724, a request from the City of Gordon, P.O. Box 227, Gordon, Texas 76453-0227, received September 22, 2016, for $1,188,072 in financial assistance, consisting of a $460,000 obligation and $728,072 in principal forgiveness from the Drinking Water State Revolving Fund for planning, design, and construction of water system improvements.

Project ID #62743, a request from the Central Washington County Water Supply Corporation, c/o Professional General Management Services, 26550 Ranch Road 12, Unit 1, Dripping Springs, Texas 78620-4973, received February 24, 2017, for $2,815,000 in financing from the Drinking Water State Revolving Fund for planning, acquisition, design, and construction of water system improvements.

Project ID # 73755, a request from the City of Eastland, P.O. Box 749, Eastland, Texas 76448-0749, received December 21, 2016, for $7,599,660 in financial assistance, consisting of a $6,765,000 obligation and $834,660 in principal forgiveness from the Clean Water State Revolving Fund for planning, design, and construction of wastewater collection system and treatment plant improvements.

Project ID #62750, a request from the City of Arlington, P.O. Box 90231, MS 01-0200, Arlington, Texas 76004, received April 13, 2017, for $11,895,777 in financial assistance consisting of a $11,445,000 obligation and $450,777 in principal forgiveness from the Drinking Water State Revolving Fund for planning, design, and construction of water treatment plant electrical improvements.

Project ID #51047, a request from the City of Azle, 613 SE Parkway, Azle, Texas 76020-3654, received April 28, 2017, for $1,350,000 in financing from the State Water Implementation Revenue Fund for Texas for planning, design, and construction of water line replacement.

Project ID #51048, a request from the City of Springtown, P.O. Box 444, Springtown, Texas 76082-0444, received April 28, 2017, for $1,390,000 in financing from the State Water Implementation Revenue Fund for Texas for planning, design, acquisition, and construction of a water supply project.

Project ID #51049, a request from Brushy Creek Regional Utility Authority, Inc., 221 E. Main, Round Rock, Texas 78664, received April 28, 2017, for $16,995,000 in financing from the State Water Implementation Revenue Fund for Texas for construction of a water supply project.

Project ID #51052, a request from the City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469-0277, received April 28, 2017, for a $2,750,000 deferred obligation from the State Water Implementation Revenue Fund for Texas for planning of a seawater desalination project.

Project ID #51045, a request from the City of Justin, P.O. Box 129, Justin, Texas 76247, received April 28, 2017 for a $12,000,000 multi-year low-interest obligation from the State Water Implementation Revenue Fund for Texas for design and construction of a water line replacement project to address water loss.

Project ID #51050, a request from the North Texas Municipal Water District, P.O. Box 2408, Wylie, Texas 75098, received April 28, 2017, for $677,120,000 in financing from the State Water Implementation Revenue Fund for Texas for planning, design, land acquisition, water treatment plant, and associated pipelines and pump stations.

Project ID #51044, a request from Hays Caldwell Public Utility Agency, 630 E. Hopkins, San Marcos, Texas 78666, received April 28, 2017, for $213,410,000 in financing consisting of $144,395,000 in low-interest financing and $69,015,000 in Board Participation from the State Water Implementation Revenue Fund for Texas to finance planning, design, acquisition, and construction of a new water supply project.

Project ID #73765, a request from the City of Ennis, P.O. Box 220, Ennis, Texas 75120-0220, received April 20, 2017, for $10,000,000 in financing from the Clean Water State Revolving Fund for planning, design, and construction of wastewater treatment plant and collection system improvements.

Project ID #73761, a request from the City of Farmersville, 205 South Main Street, Farmersille, Texas 75442, received March 16, 2017, for $5,845,000 in financing from the Clean Water State Revolving Fund for planning, acquisition, design, and construction of wastewater treatment plant and collection system improvements, and design of a new wastewater treatment plant.

TRD-201702819

Todd Chenoweth

General Counsel

Texas Water Development Board

Filed: July 28, 2017