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 action under the Texas Water Code and the Texas Health and Safety Code. Before the State may enter into a voluntary settlement agreement, pursuant to section 7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Water Code.
Case Title and Court: Harris County, Texas, and the State of Texas, acting by and through the Texas Commission on Environmental Quality, a Necessary and Indispensable Party v. Rohm & Haas Chemicals, LLC; Cause No. 2021-77164, in the 113th Judicial District, Harris County, Texas.
Nature of the Suit: Defendant Rohm & Haas Chemicals, LLC ("Rohm") owns and operates a chemical manufacturing facility located at 13300 Bay Area Boulevard in La Porte, Harris County, Texas. Harris County initiated a suit based on concerns of the facility emitting air contaminants without legal authorization. Harris County alleges that on July 21, 2021, a tanker wagon containing hydroxyethyl acrylate ("HEA") was awaiting transport at the facility. Due to the increase in temperature and pressure in the tank wagon, the phenothiazine ("PTZ") reactive inhibitor within the tanker wagon began to decompose, creating an exothermic reaction inside the tank wagon, and caused an emission of the contaminants in the air. A half-mile evacuation zone was established, and the City of La Porte issued a shelter-in-place order. The State of Texas, on behalf of the TCEQ, joined the suit as a necessary and indispensable party.
Proposed Settlement: The proposed Agreed Final Judgment includes injunctive relief that orders Defendant to immediately adhere to the tank wagon management practices and procedures as laid out in Rohm’s approved CAP; maintain all records under the system described in Rohm’s approved CAP; and comply with all CAP requirements when implementing the tank wagon management practices and procedures and recordkeeping provisions of Rohm’s approved CAP. The proposed settlement also assesses against Defendant civil penalties in the amount of $50,000 to be equally divided between Harris County and the State; attorney’s fees in the amount of $15,705 to Harris County and $9,000 to the State; court costs in the amount of $295; and post- judgment interest in the amount of 5% per annum.
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 Wesley S. Williams, Assistant Attorney General, Office of the Attorney General, P.O. Box 12548, MC 066, Austin, Texas 78711-2548, phone (512) 463-2012, facsimile (512) 320-0911, or email: wesley.williams@oag.texas.gov. Written comments must be received within 30 days of publication of this notice to be considered.
TRD-202204120
Austin Kinghorn
General Counsel
Office of the Attorney General
Filed: October 17, 2022
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009 and 304.003, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 10/24/22 - 10/30/22 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 10/24/22 - 10/30/22 is 18% for Commercial over $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 11/01/22 - 11/30/22 is 6.25% for Consumer/Agricultural/Commercial credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 11/01/22 - 11/30/22 is 5.50% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-202204132
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: October 18, 2022
Application for a Merger or Consolidation
Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration.
An application was received from T &FS Employees Credit Union (Port Arthur) seeking approval to merge with Associated Credit Union of Texas (League City), with the latter being the surviving credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202204140
Michael S. Riepen
Commissioner
Credit Union Department
Filed: October 19, 2022
Notice is given that the following application has been filed with the Credit Union Department (Department) and is under consideration.
An application was received from Eastex Credit Union, Evadale, Texas, to expand its field of membership. The proposal would permit persons who live, work, worship, attend school in, businesses and other legal entities located in Tyler and Orange Counties, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.cud.texas.gov/page/bylaw-charter-applications. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-202204139
Michael S. Riepen
Commissioner
Credit Union Department
Filed: October 19, 2022
Final - Harvey MOD Amendment - Public Notice
Solicitation for Public Comment
Deep East Texas Council of Governments
Notice is hereby given that the Deep East Texas Council of Governments (DETCOG) is seeking input on amendment of the Method of Distribution for Hurricane Harvey CDBG- Disaster Recovery Local Infrastructure Program funds (MOD Amendment). The MOD Amendment will reallocate declined and/or de-obligated funds totaling $101,103.00. These are Community Development Block Grant Disaster Recovery Funds related to Presidential Disaster Declaration 4332-DR (Hurricane Harvey). The public comment period begins October 21, 2022 and ends November 22, 2022. Written and oral comments will be accepted at the following times and locations:
First Public Hearing (Public Planning Meeting): Thursday, October 27, 2022, at 12:30 p.m. at the Howard Civic Center at 213 East Court Street in Newton, Texas.
Online Public Information Meeting: Tuesday, November 1, 2022, at 10:00 a.m. at the following online link: https://meet.goto.com/529354717
Second Public Hearing: Tuesday, November 22, 2022, at 12:30 p.m. at the Polk County Commerce Center at 1017 US Highway 59 North Loop in Livingston, Texas.
Written comments may be submitted to: Bob Bashaw, DETCOG Regional Planner, 1405 Kurth Drive, Lufkin, Texas 75904, or by email to Bob.Bashaw@detcog.gov. Written comments must be received by November 22, 2022, at 10:00 a.m.
DETCOG will provide for reasonable accommodations for persons attending DETCOG functions. Requests from persons needing special accommodations should be received by DETCOG staff 24-hours prior to the function. All public meetings will be conducted in English and requests for language interpreters or other special communication needs should be made at least 48 hours prior to a function.
Please call (936) 634-2247 ext. 5353 for assistance. For information about this posting, please call (936) 634-2247 ext. 5302.
Solicitud de comentario publico
Consejo de Gobiernos del Este Profundo de Texas
Por la presente se notifica que el Consejo de Gobiernos del Este Profundo de Texas (DETCOG, por sus siglas en inglés) está buscando información sobre la enmienda del Método de distribución para los fondos del Programa de Infraestructura Local de Recuperación de Desastres CDBG-Huracán Harvey (Enmienda MOD). La Enmienda MOD reasignará fondos rechazados y/o desobligados por un total de $101,103.00. Estos son Fondos de Recuperación de Desastres de Subvención en Bloque para el Desarrollo Comunitario relacionados con la Declaración Presidencial de Desastres 4332-DR (Huracán Harvey). El período de comentarios públicos comienza el 21 de octubre de 2022 y finaliza el 22 de noviembre de 2022. Se aceptarán comentarios escritos y orales en los siguientes horarios y lugares:
Primera Audiencia Pública (Reunión Pública de Planificación): Jueves 27 de octubre de 2022, a las 12:30 horas. en el Centro Cívico Howard en 213 East Court Street en Newton, Texas.
Reunión de Información Pública en línea: martes 1 de noviembre de 2022, a las 10:00 a.m. en el siguiente enlace en línea: https://meet.goto.com/529354717
Segunda Audiencia Pública: martes 22 de noviembre de 2022, a las 12:30 horas. en el Centro de Comercio del Condado de Polk en 1017 US Highway 59 North Loop en Livingston, Texas.
Los comentarios por escrito pueden enviarse a: Bob Bashaw, DETCOG Regional Planner, 1405 Kurth Drive, Lufkin, Texas 75904, o por correo electrónico a Bob.Bashaw@detcog.gov. Los comentarios por escrito deben recibirse antes del 22 de noviembre de 2022 a las 10:00 a.m.
DETCOG proporcionará adaptaciones razonables para las personas que asisten a las funciones de DETCOG. Las solicitudes de personas que necesitan adaptaciones especiales deben ser recibidas por el personal de DETCOG 24 horas antes de la función. Todas las reuniones públicas se llevarán a cabo en inglés y las solicitudes de intérpretes de idiomas u otras necesidades especiales de comunicación deben realizarse al menos 48 horas antes de una función.
Por favor llame al (936) 634-2247 ext. 5353 para asistencia. Para obtener información sobre esta publicación, llame al (936) 634-2247 ext. 5302.
TRD-202204112
Lonnie Hunt
Executive Director
Deep East Texas Council of Governments
Filed: October 17, 2022
Texas Education Code (TEC), §37.0832(c), requires school districts to adopt policies and procedures concerning bullying prevention. TEC, §12.104(b)(3)(Q), also subjects open-enrollment charter schools to this requirement. Senate Bill 2050, 87th Texas Legislature, Regular Session, 2021, added TEC, §37.0832(c-1), which requires Texas Education Agency (TEA) to adopt minimum standards for the bullying prevention policies and procedures adopted under TEC, §37.0832(c).
TEA is inviting feedback from any interested person on the updated proposed minimum standards for bullying prevention policies and procedures. The updated proposed minimum standards were revised to align the draft to several new initiatives and rulemaking related to school safety. The updated proposed minimum standards will be available beginning October 28, 2022, on the TEA website at https://tea.texas.gov/texas-schools/health-safety-discipline/student-discipline. Public feedback will be accepted October 28-November 28, 2022, and should be submitted to StudentDisciplineSupport@tea.texas.gov with the subject line "Updated Minimum Standards Public Feedback." All submitted feedback will be reviewed and considered prior to release of the final minimum standards.
For more information, contact the TEA Student Discipline Program by email at studentdisciplinesupport@tea.texas.gov.
TRD-202204141
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Filed: October 19, 2022
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 December 1, 2022. 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 December 1, 2022. 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: BELL CONTRACTORS, INCORPORATED; DOCKET NUMBER: 2021-1292-WQ-E; IDENTIFIER: RN111300885; LOCATION: Hutto, Williamson County; TYPE OF FACILITY: large construction site; RULES VIOLATED: 30 TAC §281.25(a)(4), TWC, §26.121, and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge stormwater associated with construction activities for a large construction site; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929.
(2) COMPANY: Brookshire Brothers, Incorporated dba Brookshire Brothers 64; DOCKET NUMBER: 2022-0570-PST-E; IDENTIFIER: RN110808128; LOCATION: Buna, Jasper County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the regulated UST; and 30 TAC §334.48(g)(1)(A)(ii) and TWC, §26.3475(c)(2), by failing to test the containment sumps used for interstitial monitoring of UST piping at least once every three years to ensure the equipment is liquid tight; PENALTY: $7,500; ENFORCEMENT COORDINATOR: Courtney Gooris, (817) 588-5863; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: Bruce's, Incorporated; DOCKET NUMBER: 2022-0878-WQ-E; IDENTIFIER: RN108299926; LOCATION: Silsbee, Hardin County; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit (stormwater); PENALTY: $875; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(4) COMPANY: City of Ganado; DOCKET NUMBER: 2020-1153-MWD-E; IDENTIFIER: RN101614006; LOCATION: Ganado, Jackson County; TYPE OF FACILITY: wastewater treatment plant; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a)(1), and Texas Pollutant Discharge Elimination System Permit Number WQ0010010001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permitted effluent limitations; PENALTY: $4,875; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $3,900; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(5) COMPANY: City of Goldthwaite; DOCKET NUMBER: 2022-0833-PWS-E; IDENTIFIER: RN101409134; LOCATION: Goldthwaite, Mills County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.39(j) and Texas Health and Safety Code, §341.0351, by failing to notify the Executive Director prior to making any significant change or addition to the system's production, treatment, storage, pressure maintenance, or distribution facilities; and 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock in pastures are not allowed within 50 feet of the facility's highway well; PENALTY: $3,563; ENFORCEMENT COORDINATOR: America Ruiz, (512) 239-2601; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(6) COMPANY: City of New Home; DOCKET NUMBER: 2022-0744-MLM-E; IDENTIFIER: RN101389146; LOCATION: New Home, Lynn County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §288.20(a) and §288.30(5)(B) and TWC, §11.1272(c), by failing to adopt a drought contingency plan which includes all elements for municipal use by a retail public water supplier; 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead by a gasket or sealing compound and provide a well casing vent with an opening that is covered with 16-mesh or finer corrosion-resistant screen, facing downward, elevated and located so as to minimize the drawing of contaminants into; 30 TAC §290.42(l), by failing to compile and maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.44(h)(4), by failing to have all backflow prevention assemblies (BPAs) tested upon installation and on an annual basis by a recognized BPA tester and certified that they are operating within specifications; 30 TAC §290.46(d)(2)(A) and §290.110(b)(4) and Texas Health and Safety Code, §341.0315(c), by failing to maintain a disinfectant residual of at least 0.2 milligrams per liter of free chlorine throughout the distribution system at all times; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), and (ii)(III), by failing to maintain water works operation and maintenance records and make them immediately available for review by the Executive Director upon request; 30 TAC §290.46(j), by failing to complete a Customer Service Inspection certificate prior to providing continuous service to new construction or any existing service when the water purveyor has reason to believe cross-connections or other potential contamination hazards exist, or after any material improvements, corrections, or additions to the private water distribution system; 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's ground storage tank and standpipe annually; 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 §290.110(c)(4)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; and 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; PENALTY: $8,998; ENFORCEMENT COORDINATOR: America Ruiz, (512) 239-2601; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.
(7) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2020-1543-AIR-E; IDENTIFIER: RN100542281; LOCATION: Channelview, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §§101.20(2) and (3), 113.130, 113.390, 115.354(2)(B) and (C), 115.781(b), 116.115(c), and 122.143(4); 40 Code of Federal Regulations §§63.163(b)(1), 63.168(b), 63.174(b), and 63.769(c); New Source Review Permit Numbers 1768, 2128, 2933, 2936, 6387, and 24677, PSDTX1270 and 1272, and N142, Special Conditions Numbers 6.G, 8.G, 11.G, 14.G, 15.G, 16.G, and N140, Federal Operating Permit Number O1426, General Terms and Conditions and Special Terms and Conditions Numbers 1.A and 38; and Texas Health and Safety Code, §382.085(b), by failing to conduct Leak Detection and Repair monitoring; PENALTY: $187,773; SUPPLEMENTAL ENVIRONMENTAL PROJECT OFFSET AMOUNT: $75,110; ENFORCEMENT COORDINATOR: Amanda Diaz, (713) 422-8912; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(8) COMPANY: GEO SPECIALTY CHEMICALS, INCORPORATED; DOCKET NUMBER: 2022-0727-PWS-E; IDENTIFIER: RN110910692; LOCATION: La Porte, Harris County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.060 milligrams per liter (mg/L) for haloacetic acids and 0.080 mg/L for total trihalomethanes, based on the locational running annual average; PENALTY: $3,125; ENFORCEMENT COORDINATOR: Ashley Lemke, (512) 239-1118; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(9) COMPANY: INEOS NITRILES USA LLC; DOCKET NUMBER: 2022-0873-PWS-E; IDENTIFIER: RN100210038; LOCATION: Port Lavaca, Calhoun County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $2,287; ENFORCEMENT COORDINATOR: Daniel Brill, (512) 239-2564; REGIONAL OFFICE: 500 North Shoreline Boulevard, Suite 500, Corpus Christi, Texas 78401, (361) 881-6900.
(10) COMPANY: Jeffrey Cruise, Amanda Marie Cruise, and LONGHORN SEPTIC SERVICE, L.C.; DOCKET NUMBER: 2020-1308-SLG-E; IDENTIFIER: RN102761392; LOCATION: Livingston, Polk County; TYPE OF FACILITY: sludge transporter; RULES VIOLATED: 30 TAC §312.144(g), by failing to have a transport truck available for inspection by commission staff authorized by the executive director (ED); 30 TAC §312.145(b)(2), by failing to make copies of trip tickets readily available for review by commission staff or be submitted to the ED upon request; and TWC, §26.121(a)(1), by failing to prevent the unauthorized discharge of waste into or adjacent to any water in the state; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Mark Gamble, (512) 239-2587; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(11) COMPANY: Jochum Schievink dba Schievink's Heavenly Holsteins; DOCKET NUMBER: 2022-0737-AGR-E; IDENTIFIER: RN102669942; LOCATION: Dublin, Erath County; TYPE OF FACILITY: animal feeding operation; RULE VIOLATED: 30 TAC §321.33(d), by failing to obtain authorization to expand an existing animal feeding operation prior to meeting the definition of a concentrated animal feeding operation (CAFO) through an individual water quality permit or a CAFO general permit; PENALTY: $1,625; ENFORCEMENT COORDINATOR: Alejandro Laje, (512) 239-2547; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(12) COMPANY: PALEFACE GROCERY, INCORPORATED; DOCKET NUMBER: 2022-0845-PST-E; IDENTIFIER: RN101255834; LOCATION: Spicewood, 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 in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Courtney Gooris, (817) 588-5863; REGIONAL OFFICE: P.O. Box 13087, Austin, Texas 78711-3087, (512) 339-2929(512) 339-2929.
(13) COMPANY: SAMEENA ENTERPRISES, INCORPORATED dba WF DS Texas Saver; DOCKET NUMBER: 2022-0814-PST-E; IDENTIFIER: RN103029294; LOCATION: Wichita Falls, Wichita 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 in a manner which will detect a release at a frequency of at least once every 30 days; PENALTY: $3,375; ENFORCEMENT COORDINATOR: Janet Rivera, (512) 239-4573; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(14) COMPANY: WESTBOUND WATER SUPPLY CORPORATION; DOCKET NUMBER: 2022-0775-PWS-E; IDENTIFIER: RN101195733; LOCATION: Cisco, Eastland County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.115(f)(1) and Texas Health and Safety Code, §341.0315(c), by failing to comply with the maximum contaminant level of 0.080 milligrams per liter for total trihalomethanes, based on the locational running annual average; PENALTY: $4,125; ENFORCEMENT COORDINATOR: Daniel Brill, (512) 239-2564; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(15) COMPANY: WINTERS OIL PARTNERS, L.P. dba Athens Shell Food Mart; DOCKET NUMBER: 2022-0710-PST-E; IDENTIFIER: RN101826345; LOCATION: Athens, Henderson 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 30 days; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours of discovery; and 30 TAC §334.74, by failing to investigate and confirm all suspected releases of regulated substances requiring reporting under 30 TAC §334.72 within 30 days; PENALTY: $38,276; ENFORCEMENT COORDINATOR: Stephanie McCurley, (512) 239-2607; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-202204096
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 14, 2022
An agreed order was adopted regarding Foremark Performance Chemicals, Inc., Docket No. 2020‑1211‑IWD‑E on October 18, 2022 assessing $6,500 in administrative penalties with $1,300 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, 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 Burkburnett, Docket No. 2020‑1583‑MWD‑E on October 18, 2022 assessing $4,500 in administrative penalties with $900 deferred. Information concerning any aspect of this order may be obtained by contacting Ellen Ojeda, 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 La Marque, Docket No. 2021‑0725‑PWS‑E on October 18, 2022 assessing $830 in administrative penalties with $166 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Salas, 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 Enterprise Products Operating LLC, Docket No. 2021‑0813‑AIR‑E on October 18, 2022 assessing $3,001 in administrative penalties with $600 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 POTAC, LLC, Docket No. 2021‑0891‑IWD‑E on October 18, 2022 assessing $4,050 in administrative penalties with $810 deferred. Information concerning any aspect of this order may be obtained by contacting Katelyn Tubbs, 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 Nalle Custom Homes, Inc., Docket No. 2021‑0922‑WQ‑E on October 18, 2022 assessing $7,500 in administrative penalties with $1,500 deferred. Information concerning any aspect of this order may be obtained by contacting Mark Gamble, 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 Wills Point, Docket No. 2021‑1021‑PWS‑E on October 18, 2022 assessing $6,750 in administrative penalties with $1,350 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Duncan, 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 ARGOS USA LLC, Docket No. 2021‑1162‑AIR‑E on October 18, 2022 assessing $3,375 in administrative penalties with $675 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 City of Natalia, Docket No. 2021‑1166‑MWD‑E on October 18, 2022 assessing $4,125 in administrative penalties with $825 deferred. Information concerning any aspect of this order may be obtained by contacting Katelyn Tubbs, 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 SRS STAR CROWN, LLC. dba On The Way Food Mart, Docket No. 2021‑1176‑PST‑E on October 18, 2022 assessing $2,540 in administrative penalties with $508 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 MIDWAY WATER UTILITIES, INC., Docket No. 2021‑1203‑MWD‑E on October 18, 2022 assessing $6,375 in administrative penalties with $1,275 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, 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 South Shore Harbour Development, LLC dba South Shore Harbour, Docket No. 2021‑1227‑PST‑E on October 18, 2022 assessing $6,975 in administrative penalties with $1,395 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 City of McAllen, Docket No. 2021‑1240‑PST‑E on October 18, 2022 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Le Chateau Village, LLC, Docket No. 2021‑1330‑EAQ‑E on October 18, 2022 assessing $5,625 in administrative penalties with $1,125 deferred. Information concerning any aspect of this order may be obtained by contacting Katelyn Tubbs, 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 FATIMAH & LAIBA LLC dba Korner Food Mart, Docket No. 2021‑1381‑PST‑E on October 18, 2022 assessing $3,375 in administrative penalties with $675 deferred. Information concerning any aspect of this order may be obtained by contacting John Fennell, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
An agreed order was adopted regarding Michael Rodriguez dba Oak Acres Mobile Home Park, Docket No. 2021‑1407‑PWS‑E on October 18, 2022 assessing $425 in administrative penalties with $85 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Salas, 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 Southwest Texas Commercial Properties LLC dba Star Stop Food Mart 11, Docket No. 2021‑1426‑PST‑E on October 18, 2022 assessing $4,000 in administrative penalties with $800 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 Hereford Independent School District, Docket No. 2021‑1458‑PST‑E on October 18, 2022 assessing $3,750 in administrative penalties with $750 deferred. Information concerning any aspect of this order may be obtained by contacting Sushil Modak, 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 Oscar Rohne, Docket No. 2021‑1504‑WOC‑E on October 18, 2022 assessing $2,439 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 City of Meadow, Docket No. 2021‑1525‑PWS‑E on October 18, 2022 assessing $3,850 in administrative penalties with $2,170 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 CSWR-Texas Utility Operating Company, LLC, Docket No. 2021‑1530‑PWS‑E on October 18, 2022 assessing $2,327 in administrative penalties with $465 deferred. Information concerning any aspect of this order may be obtained by contacting Samantha Salas, 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 NORTHPOINT INVESTMENT LLC dba The North Point, Docket No. 2021‑1531‑PST‑E on October 18, 2022 assessing $3,937 in administrative penalties with $787 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 H & A ENTERPRISES INC dba Palmer Food Mart, Docket No. 2021‑1580‑PST‑E on October 18, 2022 assessing $1,312 in administrative penalties with $262 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 WOODCREEK WATER CORPORATION OF LIBERTY COUNTY, Docket No. 2022‑0210‑PWS‑E on October 18, 2022 assessing $2,150 in administrative penalties with $430 deferred. Information concerning any aspect of this order may be obtained by contacting Ecko Beggs, 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 HILL COUNTY WATER SUPPLY CORPORATION, Docket No. 2022‑0234‑PWS‑E on October 18, 2022 assessing $2,950 in administrative penalties with $590 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 WOODROW ROAD / DISCOUNT RV STORAGE, L.L.C., Docket No. 2022‑0298‑PWS‑E on October 18, 2022 assessing $2,892 in administrative penalties with $578 deferred. Information concerning any aspect of this order may be obtained by contacting Miles Wehner, 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 Prentice Smith and Judy Smith, Docket No. 2022‑0414‑MSW‑E on October 18, 2022 assessing $6,750 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Jennifer Peltier, Staff Attorney at (512) 239‑3400, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202204144
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
An agreed order was adopted regarding OREAL, Inc., Docket No. 2018‑1377‑MWD‑E on October 19, 2022 assessing $97,802 in administrative penalties with $94,202 deferred. Information concerning any aspect of this order may be obtained by contacting Alejandro Laje, 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 Daisy Lopez and Jessica Lopez dba Alex Scrap Tire, Docket No. 2019‑1326‑MSW‑E on October 19, 2022 assessing $15,000 in administrative penalties with $12,600 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 SSM Business Enterprises, Inc. dba Chilly Mart, Docket No. 2019‑1354‑PST‑E on October 19, 2022 assessing $17,992 in administrative penalties with $3,598 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.
A default order was adopted regarding Nigton-Wakefield Water Supply Corporation, Docket No. 2020‑0019‑PWS‑E on October 19, 2022 assessing $2,430 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Megan L. Grace, 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 Exxon Mobil Corporation, Docket No. 2020‑0061‑AIR‑E on October 19, 2022 assessing $12,525 in administrative penalties with $2,505 deferred. Information concerning any aspect of this order may be obtained by contacting Amanda Diaz, 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 Occidental Permian Ltd., Docket No. 2020‑1138‑AIR‑E on October 19, 2022 assessing $29,945 in administrative penalties with $5,989 deferred. Information concerning any aspect of this order may be obtained by contacting Kate Dacy, 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 Throckmorton, Docket No. 2020‑1549‑PWS‑E on October 19, 2022 assessing $8,024 in administrative penalties with $1,604 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 Nianshra Holdings, LLC dba Carry On Food Mart, Docket No. 2020‑1579‑PST‑E on October 19, 2022 assessing $10,475 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting William Hogan, 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 Equistar Chemicals, LP, Docket No. 2021‑0554‑AIR‑E on October 19, 2022 assessing $23,812 in administrative penalties with $4,762 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, 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 Tres Palacios Gas Storage LLC, Docket No. 2021‑0607‑AIR‑E on October 19, 2022 assessing $17,125 in administrative penalties with $3,425 deferred. Information concerning any aspect of this order may be obtained by contacting Mackenzie Mehlmann, 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 Sinton, Docket No. 2021‑0676‑MWD‑E on October 19, 2022 assessing $14,062 in administrative penalties with $2,812 deferred. Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, 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 Dell City, Docket No. 2021‑0824‑PWS‑E on October 19, 2022 assessing $11,120 in administrative penalties. Information concerning any aspect of this order may be obtained by contacting Ecko Beggs, 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. 2021‑1056‑AIR‑E on October 19, 2022 assessing $49,950 in administrative penalties with $9,990 deferred. Information concerning any aspect of this order may be obtained by contacting Kate Dacy, Enforcement Coordinator at (512) 239‑2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711‑3087.
TRD-202204148
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
In the April 22, 2022, issue of the Texas Register (47 TexReg 2349), the Texas Commission on Environmental Quality (commission) published notice of Agreed Orders, specifically Item Number 17, for Sebastian Hwang; Docket Number 2021-1016-MLM-E. The error is as submitted by the commission.
The reference to rules violated: "30 TAC §213.4(a)(1)" should be corrected to read: "30 TAC §213.23(a)(1)."
For questions concerning these errors, please contact Michael Parrish at (512) 239-2548.
TRD-202204097
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 14, 2022
Notice issued October 12, 2022
TCEQ Internal Control No. D-06242022-058; Denton 1000 Land, LP, a Texas limited partnership (Petitioner) filed a petition for creation of Denton County Municipal Utility District No. 12 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there are no lienholders on the property to be included in the proposed District; (3) the proposed District will contain approximately 1,018.429 acres located within Denton County, Texas; and (4) all of the land within the proposed District is wholly within the extraterritorial jurisdiction of the City of Denton, Texas. The petition further states that the proposed District will: (1) construct, maintain, and operate a waterworks system, including the purchase and sale of water for domestic and commercial purposes; (2) construct, maintain, and operate a sanitary sewer, treatment, and disposal system for domestic and commercial purposes; (3) construct, install, maintain, purchase, and operate drainage and roadway facilities and improvements; and construct, install, maintain, purchase, and operate facilities, systems, plants, and enterprises of such additional facilities as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $191,620,000 ($154,885,000 for water, wastewater, and drainage and $36,735,000 for roads).
The Property is located wholly within the extraterritorial jurisdiction of the City of Denton, Denton County, Texas (the "City"). In accordance with Local Government Code §42.042 and Texas Water Code §54.016, the Petitioner submitted a petition to the City, requesting the City’s consent to the creation of the District. After more than 90 days passed without receiving consent, the petitioner submitted a petition to the City to provide water or sewer services to the District. The 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code §54.016(c) expired and the information provided indicates that the Petitioners and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code §54.016(d), failure to execute such an agreement constitutes authorization for the Petitioners to initiate proceedings to include the land within the district.
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at 512-239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202204086
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 12, 2022
Notice issued October 12, 2022
TCEQ Internal Control No. D-08112022-023; Wax 480 Partners, LLC, a Texas limited liability company (Petitioner), filed a petition for the creation of Ellis County Municipal Utility District No. 4 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Vista Bank, on the property to be included in the proposed District and information provided indicates that the aforementioned entity has consented to the petition; (3) the proposed District will contain approximately 479.381 acres located within Ellis County, Texas; and (4) the land within the proposed District is located wholly within the extraterritorial jurisdiction of the City of Waxahachie (City). The petition further states that the proposed District will: (1) construct, maintain, and operate a waterworks system, including the purchase and sale of water, for domestic and commercial purposes; (2) construct, maintain, and operate a sanitary sewer collection, treatment, and disposal system, for domestic and commercial purposes; (3) construct, install, maintain, purchase, and operate drainage and roadway facilities and improvements; and (4) construct, install, maintain, purchase, and operate facilities, systems, plants, and enterprises of such additional facilities as shall be consonant with all of the purposes for which the proposed District is created.
According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $110,024,000 ($68,469,000 for water, wastewater, and drainage plus $41,555,000 for roads). In accordance with Local Government Code §42.042 and Texas Water Code §54.016, the Petitioner submitted a petition to the City, requesting the City’s consent to the creation of the District. After more than 90 days passed without receiving consent, the Petitioner submitted a petition to the City to provide water and sewer services to the District. The 120-day period for reaching a mutually agreeable contract as established by the Texas Water Code §54.016(c) expired and information provided indicates that the Petitioner and the City have not executed a mutually agreeable contract for service. Pursuant to Texas Water Code §54.016(d), failure to execute such an agreement constitutes authorization for the Petitioner to proceed to the TCEQ for inclusion of their Property into the District.
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202204087
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 12, 2022
Notice issued October 12, 2022
TCEQ Internal Control No. D-07012022-006; Sage Ranch TX, LLC, a Texas limited liability company, (Petitioner) filed a petition for creation of Waller County Municipal Utility District No. 44 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there is one lienholder, RE Finance Partners II, LLC, on the property to be included in the proposed District and information provided indicates that the lienholder consents to the creation of the proposed District; (3) the proposed District will contain approximately 92.74 acres located within Waller County, Texas; and (4) none of the land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any city. The petition further states that the proposed District will: (1) purchase, design, construct, acquire, maintain, own, operate, repair, improve, and extend a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, maintain, own, operate, repair, improve, and extend such additional facilities, including roads, parks and recreation facilities, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created.
According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioners that the cost of said project will be approximately $18,480,000 ($12,430,000 for water, wastewater, and drainage, $4,800,000 for roads, and $1,250,000 for recreation).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202204088
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 12, 2022
Notice issued October 12, 2022
TCEQ Internal Control No. D-09152022-030; The Vantage Austin LLC, a Texas limited liability company, (Petitioner) filed a petition for creation of Williamson County Municipal Utility District No. 44 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, §59 and Article III, §52 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states that: (1) the Petitioner holds title to a majority in value of the land to be included in the proposed District; (2) there is one lienholder, Security State Bank & Trust, on the property to be included in the proposed District and information provided indicates that the lienholder consents to the creation of the proposed District; (3) the proposed District will contain approximately 394.96 acres located within Williamson County, Texas; and (4) the land within the proposed District is within the extraterritorial jurisdiction of the City of Weir. By Resolution No. 20220301, passed and adopted on March 10, 2022, the City of Weir, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. The petition further states that the proposed District will: (1) purchase, design, construct, acquire, maintain, own, operate, repair, improve, and extend a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, improve, extend, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the proposed District; (3) control, abate, and amend local storm waters or other harmful excesses of water; and (4) purchase, construct, acquire, maintain, own, operate, repair, improve, and extend such additional facilities, including roads, parks and recreation facilities, systems, plants, and enterprises as shall be consonant with all of the purposes for which the proposed District is created. According to the petition, a preliminary investigation has been made to determine the cost of the project, and it is estimated by the Petitioner that the cost of said project will be approximately $85,850,000 ($75,000,000 for water, wastewater, and drainage, $8,500,000 for roads, and $2,350,000 for recreational).
INFORMATION SECTION
To view the complete issued notice, view the notice on our website at www.tceq.texas.gov/agency/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the website, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our website at www.tceq.texas.gov.
TRD-202204089
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 12, 2022
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 December 1, 2022. 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 December 1, 2022. Comments may also be sent by facsimile machine to the attorney at (512) 239‑3434. The designated attorneys are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, TWC, §7.075, provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Brighton Manor Apartments, L.P.; DOCKET NUMBER: 2019-1204-PWS-E; TCEQ ID NUMBER: RN102698743; LOCATION: 195 Peach Street, Blanco, Blanco County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.42(b)(1) and (e)(3), by failing to provide disinfection facilities for the groundwater supply for the purposed of microbiological control and distribution protection; 30 TAC §290.41(c)(1)(D), by failing to ensure that livestock in pastures are not allowed within 50 feet of Well Numbers 1 and 2; Texas Health and Safety Code, §341.033(a) and 30 TAC §290.46(e)(4)(A), by failing to operate the facility under the direct supervision of a water works operator who holds a Class D or higher groundwater license; 30 TAC §290.41(c)(3)(O), by failing to protect the facility's wells with an adequate intruder-resistant fence with a lockable gate or enclose the well in a locked and ventilated well house to exclude possible contamination or damage to the facilities by trespassers; 30 TAC §290.46(m)(4), by failing to maintain all water treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.46(f)(2) and (3)(A)(ii)(III), (B)(iii), (D)(ii) and (vii), by failing to maintain water works operation and maintenance records and make them readily available for review by the executive director upon request; 30 TAC §290.46(n)(1), by failing to maintain at the facility accurate and up-to-date detailed as-built plans or record drawings and specifications for each treatment plant, pump station, and storage tank until the facility is decommissioned; 30 TAC §290.46(n)(3), by failing to keep on file copies of well completion data as defined in 30 TAC §290.41(c)(3)(A) for as long as the well remains in service; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay Public Health Service fees and/or associated late fees for TCEQ Financial Administrations Account Number 90160007 for the fiscal year 2019; PENALTY: $2,627; STAFF ATTORNEY: James Sallans, Litigation, MC 175, (512) 239-2053; REGIONAL OFFICE: Austin Regional Office, 12100 Park 35 Circle, Building A, Room 179, Austin, Texas 78753, (512) 339-2929.
(2) COMPANY: City of Moody; DOCKET NUMBER: 2020-0298-MLM-E; TCEQ ID NUMBER: RN102678406; LOCATION: 404 Church Street and 11862 Lonestar Parkway, Moody, McLennan County; TYPE OF FACILITY: public water system; RULES VIOLATED: Texas Health and Safety Code, §341.0315(c) and 30 TAC §290.45(b)(1)(D)(iv), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(j)(1), by failing to complete a Customer Service Inspection certificate by a licensed individual prior to providing continuous water service to new construction or any existing service when the water purveyor has reason to believe a cross-connection or other potential contamination hazard exists; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.119(b)(3), by failing to use an acceptable analytical method for inorganic analysis; and 30 TAC §288.20(c), by failing to review and update, as appropriate, the drought contingency plan at least every five years; PENALTY: $2,719; STAFF ATTORNEY: Benjamin Pence, Litigation, MC 175, (512) 239-2157; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(3) COMPANY: Daniel Ramirez dba San Antonio Auto & Truck and D. D. RAMIREZ, INC. dba San Antonio Auto & Truck; DOCKET NUMBER: 2020-0507-MLM-E; TCEQ ID NUMBER: RN105676985; LOCATIONS: 819 and 925 Somerset Road, San Antonio, Bexar County; TYPE OF FACILITY: auto salvage operation; RULES VIOLATED: 30 TAC §328.56(d)(2), by failing to obtain a scrap tire storage site registration for the facility prior to storing more than 500 used or scrap tires on the ground or 2,000 used or scrap tires in trailers; 40 Code of Federal Regulations (CFR) §279.22(c)(1) and 30 TAC §324.1, by failing to mark or clearly label used oil storage containers with the words "Used Oil"; 40 CFR §279.22(d)(3) and 30 TAC §324.4(1), and §324.6, by failing to prevent the disposal of used oil on the ground and failed to clean up and manage properly the release of used oil; 40 CFR §273.33(a)(1) and 30 TAC §335.261(a), by failing to properly store spent lead-acid batteries in a structurally sound container to prevent releases; 40 CFR §273.34(a) and 30 TAC §335.261(a), by failing to properly label spent lead-acid batteries, or containers used to store used batteries, with the words "Universal Waste-Battery(ies)" or "Used Battery(ies)"; 40 CFR §273.37(a) and (b) and 30 TAC §335.261(a), by failing to immediately contain a release of universal waste and determine whether any resulting material is hazardous waste; 40 CFR §273.32(a)(1) and 30 TAC §335.261(a), by failing to submit written notification of the facility's large quantity handler status and universal waste management to the Environmental Protection Agency (EPA) Regional Administrator and receive an EPA Identification Number; and 40 CFR §273.39(b) and 30 TAC §335.261(a), by failing to maintain a record of each shipment of universal waste; PENALTY: $11,250; STAFF ATTORNEY: Taylor Pearson, Litigation, MC 175, (512) 239-5937; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Donald R. Cole dba Blue Ridge Water System and Susan E. Cole dba Blue Ridge Water System; DOCKET NUMBER: 2020-1508-PWS-E; TCEQ ID NUMBER: RN104709860; LOCATION: 414 North Blue Jay Court near Weatherford, Parker County; TYPE OF FACILITY: public water system; RULES VIOLATED: TCEQ Agreed Order Docket Number 2018-0876-PWS-E, Ordering Provision Number 2.a.iii., by failing to report the results of cyanide sampling to the executive director (ED) for the January 1, 2015 - December 31, 2017 monitoring period; TCEQ Agreed Order Docket Number 2018-0876-PWS-E, Ordering Provision Number 2.a.iii., by failing to report the results of metals, minerals, synthetic organic chemical (SOC) contaminants (Methods 504 and 515), and radionuclides sampling to the ED for the January 1, 2014 - December 31, 2016 monitoring period; 30 TAC §290.106(e), by failing to report the results of nitrite sampling to the ED for the January 1, 2019 - December 31, 2019 monitoring period; 30 TAC §290.107(e), by failing to report the results of SOC contaminants Group 5 (SOC5) sampling to the ED for the January 1, 2016 - December 31, 2018 monitoring period; 30 TAC §290.122(c)(2)(A) and (f), by failing to provide public notification and submit a copy of the public notification, accompanied with a signed Certificate of Delivery, to the ED regarding the failure to report the results of SOC5 and asbestos sampling for the January 1, 2016 - December 31, 2018 monitoring period, and regarding the failure to report the results of VOC contaminants and nitrate sampling for the January 1, 2018 - December 31, 2018 monitoring period; and TWC, §5.702 and 30 TAC §290.51(a)(6), by failing to pay annual Public Health Service fees and/or any associated late fees for TCEQ financial Administration Account Number 91840159 for Fiscal Years 2015 - 2020; PENALTY: $4,395; STAFF ATTORNEY: William Hogan, Litigation, MC 175, (512) 239-5918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-202204099
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 14, 2022
Notice issued on October 18, 2022
Application. CHI/Wildlife 12-14, L.P., 3819 Maple Avenue, Dallas, Texas 75219, has applied to the Texas Commission on Environmental Quality (TCEQ) for a development permit for construction over a closed municipal solid waste landfill (Proposed Permit No. 62045). The proposed development concerns a tract of land of approximately 69.69 acres located at approximately ¾ miles west along Wildlife Parkway from the intersection of Wildlife Parkway and South Belt Line Road and on the south side of Wildlife Parkway, Grand Prairie, Texas 75050 and consists of an enclosed office/warehouse facility comprised of one, single-story building with a total footprint of about 502,320 square feet, and associated concrete drive, parking areas, right of way, sidewalks, and landscaping. The development permit application is available for viewing and copying at the Grand Prairie Public Library, 901 Conover Drive, Grand Prairie, Texas 75051, and may be viewed online at https://secureclientportal.vertexeng.com/fl/IfJxXnnhbT. The following link to 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://arcg.is/0OPP4r. For exact location, refer to application.
Alternative Language Notice. Alternative language notice in Spanish is available at www.tceq.texas.gov/goto/mswapps. El aviso en otro idioma en español está disponible en www.tceq.texas.gov/goto/mswapps.
Public Comment/Public Meeting. You may submit public comments or request a public meeting on this application to the Office of Chief Clerk at the address included in the information section below. 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. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The comment period shall begin on the date this notice is published and end 30 calendar days after this notice is published. The comment period shall be extended to the close of any public meeting. The executive director is not required to file a response to comments.
If a public meeting is to be held, a public notice shall be published in a newspaper that is generally circulated in the county in which the proposed development is located. All the individuals on the adjacent landowners list shall also be notified at least 15 calendar days prior to the meeting.
Executive Director Action. The executive director shall, after review of the application, issue his decision to either approve or deny the development permit application. Notice of decision will be mailed to the owner and to each person that requested notification of the executive director's decision.
Information Available Online. For details about the status of the application, visit the Commissioners' Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the permit number for this application, which is provided at the top of this notice.
Agency Contacts and Information. All public comments, requests, and petitions must be submitted either electronically at http://www14.tceq.texas.gov/epic/eComment/ 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. Please be aware that any contact information you provide, including your name, phone number, email address and physical 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 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.
General information regarding the TCEQ can be found at our website at www.tceq.texas.gov. Further information may also be obtained from CHI/Wildlife 12-14, L.P. at the address stated above or by calling The Vertex Companies, Inc. at (214) 499-9234.
Solicitud. CHI/Wildlife 12-14, L.P., 3819 Maple Avenue, Dallas, Texas 75219, ha solicitado a la Comisión de Calidad Ambiental de Texas (TCEQ, por sus siglas en inglés) un permiso de desarrollo para la construcción de un vertedero cerrado de desechos sólidos municipales (propuesta de permiso nº 62045).
El desarrollo propuesto se refiere a una extensión de suelo de aproximadamente 69.69 acres ubicado en aproximadamente ¾ millas al oeste a lo largo de Wildlife Parkway desde la intersección de Wildlife Parkway y South Belt Line Road y en el lado sur de Wildlife Parkway, Grand Prairie, Texas 75050 y consiste en un una instalación cerrada de oficinas/almacenes compuesta por un edificio de una sola planta con una superficie total de unos 502.320 pies cuadrados, y la correspondiente entrada de hormigón, zonas de aparcamiento, derecho de paso, aceras y jardinería. La solicitud de permiso de desarrollo está disponible para ver y copiar en la Biblioteca Pública de Grand Prairie, 901 Conover Drive, Grand Prairie, Texas 75051, y se puede ver en línea en https://secureclientportal.vertexeng.com/fl/IfJxXnnhbT. El siguiente enlace a un mapa electrónico de la ubicación general del sitio o instalación se proporciona como cortesía pública y no forma parte de la solicitud o aviso: https://arcg.is/0OPP4r. Para conocer la ubicación exacta, consulte la solicitud.
Comentario Público / Reunión Pública. Puede enviar comentarios públicos o solicitar una reunión pública sobre esta solicitud a la Oficina del Secretario Oficial en la dirección incluida en la sección de información a continuación. La TCEQ convocará una reunión pública si el director ejecutivo determina que existe un grado significativo de interés público en la solicitud o si lo solicita un legislador local. El propósito de la reunión pública es para que el público proporcione información para su consideración por la comisión, y que el solicitante y el personal de la comisión proporcionen información al público. Una reunión pública no es una audiencia de caso impugnado. El periodo de comentarios comenzará en la fecha en que se publique este aviso y finalizará 30 días calendario después de la publicación de este aviso. El periodo de comentarios se ampliará hasta la clausura de cualquier reunión pública. El director ejecutivo no está obligado a presentar una respuesta a los comentarios.
Si se va a convocar una reunión pública, se publicará un aviso público en un periódico que generalmente circula en el condado en el que se encuentra el desarrollo propuesto. Todas las personas que figuren en la lista de propietarios de tierras adyacentes también serán notificadas al menos 15 días naturales antes de la reunión.
Acción del Director Ejecutivo. El director ejecutivo, después de la revisión de la solicitud, emitirá su decisión de aprobar o negar la solicitud de permiso de desarrollo. La notificación de la decisión se enviará por correo al propietario y a cada persona que solicite la notificación de la decisión del director ejecutivo. Información Disponible en Línea. Para obtener detalles sobre el estado de la solicitud, visite la Base de Datos Integrada de Comisionados (CID, por sus siglas en inglés) en www.tceq.texas.gov/goto/cid. Una vez que tenga acceso al CID utilizando el enlace anterior, ingrese el número de permiso para esta solicitud, que se proporciona en la parte superior de este aviso.
Contactos e Información de la Agencia. Todos los comentarios, solicitudes y peticiones públicas deben enviarse electrónicamente a www14.tceq.texas.gov/epic/eComment/ o por escrito a Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Tenga en cuenta que cualquier información de contacto que proporcione, incluido su nombre, número de teléfono, dirección de correo electrónico y dirección física, se convertirá en parte del registro público de la agencia. Para obtener más información sobre esta solicitud de permiso o el proceso de permisos, llame al Programa de Educación Pública de la TCEQ, sin cargo, al (800) 687-4040 o visite su sitio web en www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.
Puede encontrar información general sobre la TCEQ en nuestro sitio web en www.tceq.texas.gov/goto/cid. También se puede obtener más información de CHI/Wildlife 12-14, L.P. en la dirección indicada anteriormente o llamando a Vertex Companies al (214) 499-9234.
TRD-202204135
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
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. - November 10, 2022
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 May 25, 2022 concerning assessing administrative penalties against and requiring certain actions of Atlas Oil Company dba Atlas Oil Victoria, for violations in Victoria County, Texas, of: Texas Water Code §26.121(a) and 30 Texas Administrative Code §335.4(1).
The hearing will allow Atlas Oil Company dba Atlas Oil Victoria, 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 Atlas Oil Company dba Atlas Oil Victoria, 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 Atlas Oil Company dba Atlas Oil Victoria 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. Atlas Oil Company dba Atlas Oil Victoria, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.
Legal Authority: Texas Water Code §7.054 and ch. 7, Texas Health & Safety Code ch. 361, and 30 Texas Administrative Code chs. 70 and 335; Texas 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 Texas Administrative Code §§70.108 and 70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.
Further information regarding this hearing may be obtained by contacting Casey Kurnath, 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 Garrett T. Arthur, 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 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 Texas Administrative 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: October 10, 2022
TRD-202204145
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
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. - November 10, 2022
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 6, 2021 concerning assessing administrative penalties against and requiring certain actions of HWY 300 LLC, for violations in Gregg County, Texas, of: Texas Water Code §5.702 and §26.121(a)(1) and 30 Texas Administrative Code §21.4 and §305.65.
The hearing will allow HWY 300 LLC, 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 HWY 300 LLC, 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 HWY 300 LLC 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. HWY 300 LLC, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.
Legal Authority: Texas Water Code §7.054 and Texas Water Code chs. 5, 7 and, 26 and 30 Texas Administrative Code chs. 21, 70, and 305; Texas 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 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.
Further information regarding this hearing may be obtained by contacting Clayton Smith, 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 Garrett T. Arthur, 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 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 Texas Administrative 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: October 10, 2022
TRD-202204146
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
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. - November 10, 2022
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 May 17, 2022 concerning assessing administrative penalties against and requiring certain actions of Michell Griggs, for violations in Hockley County, Texas, of: 30 Texas Administrative Code §330.15(a) and (c).
The hearing will allow Michell Griggs, 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 Michell Griggs, 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 Michell Griggs 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. Michell Griggs, the Executive Director of the Commission, and the Commission's Public Interest Counsel are the only designated parties to this proceeding.
Legal Authority: Texas Water Code §7.054 and ch. 7, Texas Health & Safety Code ch. 361, and 30 Texas Administrative Code chs. 70 and 330; Texas 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 Texas Administrative Code §70.108 and §70.109 and ch. 80, and 1 Texas Administrative Code ch. 155.
Further information regarding this hearing may be obtained by contacting Marilyn Norrod, 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 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 Texas Administrative 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: October 10, 2022
TRD-202204147
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
APPLICATION. Blizexas, LLC, 258 Union Avenue, Los Gatos, California 95032, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed TCEQ Permit No. WQ0016111001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day via subsurface drip irrigation system with a minimum area of 2.75 acres of public access land. This permit will not authorize a discharge of pollutants into water in the state.
The wastewater treatment facility and disposal site will be located approximately 0.25 mile east of the intersection of Crumley Ranch Road and Fitzhugh Road, in Hays County, Texas 78737.
The wastewater treatment facility and disposal site will be located in the drainage basin of Barton Creek in Segment No. 1430 of the Colorado River Basin. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f 8168250f&marker=-98.025555%2C30.245555&level=12
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, 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.
PUBLIC COMMENT/PUBLIC MEETING. A public meeting will be held and will consist of two parts, an Informal Discussion Period and a Formal Comment Period. A public meeting is not a contested case hearing under the Administrative Procedure Act. During the Informal Discussion Period, the public will be encouraged to ask questions of the applicant and TCEQ staff concerning the permit application. The comments and questions submitted orally during the Informal Discussion Period will not be considered before a decision is reached on the permit application and no formal response will be made. Responses will be provided orally during the Informal Discussion Period. During the Formal Comment Period on the permit application, members of the public may state their formal comments orally into the official record. A written response to all timely, relevant and material, or significant comments will be prepared by the Executive Director. All formal comments will be considered before a decision is reached on the permit application. A copy of the written response will be sent to each person who submits a formal comment or who requested to be on the mailing list for this permit application and provides a mailing address. Only relevant and material issues raised during the Formal Comment Period can be considered if a contested case hearing is granted on this permit application.
The Public Meeting is to be held:
Tuesday, November 29, 2022 at 7:00 p.m.
Dripping Springs Ranch Park
1042 Event Center Drive
Dripping Springs, Texas 78620
INFORMATION. Members of the public are encouraged to submit written comments anytime during the meeting or by mail before the close of the public comment period to the Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at www.tceq.texas.gov/goto/comment. If you need more information about the permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at (800) 687-4040. Si desea información en español, puede llamar (800) 687-4040. General information about the TCEQ can be found at our website at https://www.tceq.texas.gov.
The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Dripping Springs Community Library, 501 Sportsplex Drive, Dripping Springs, Texas. Further information may also be obtained from Blizexas, LLC, at the address stated above or by calling Mr. Bill LeClerc at (978) 877-1798.
Persons with disabilities who need special accommodations at the meeting should call the Office of the Chief Clerk at (512) 239-3300 or (800) RELAY-TX (TDD) at least five business days prior to the meeting.
Issuance Date: October 18, 2022
SOLICITUD. Blizexas, LLC, 258 Union Avenue, Los Gatos, California 95032, ha solicitado a la Comisión de Calidad Ambiental de Texas (TCEQ, por sus siglas en inglés) un nuevo permiso, propuesto TCEQ Permiso N.º WQ0016111001, para autorizar la eliminación de aguas residuales domésticas tratadas a un flujo promedio diario que no exceda los 12,000 galones por día a través del sistema de riego por goteo subterráneo con un área mínima de 2.75 acres de tierra de acceso público. Este permiso no autorizará una descarga de contaminantes en el agua en el estado.
La instalación de tratamiento de aguas residuales y el sitio de eliminación estarán ubicados aproximadamente a 0.25 millas al este de la intersección de Crumley Ranch Road y Fitzhugh Road, en el Condado de Hays, Texas 78737. La instalación de tratamiento de aguas residuales y el sitio de eliminación se ubicarán en la cuenca de drenaje de Barton Creek en el Segmento N.º 1430 de la cuenca del Río Colorado. Este enlace a un mapa electrónico de la ubicación general del sitio o instalación se proporciona como cortesía pública y no forma parte de la solicitud o aviso. Para conocer la ubicación exacta, consulte la solicitud. https://tceq.maps.arcgis.com/apps/webappviewer/index.html?id=db5bac44afbc468bbddd360f8168250f& marker=-98.025555%2C30.245555&level=12
El Director Ejecutivo de la TCEQ ha completado la revisión técnica de la solicitud y ha preparado un bosquejo de permiso. El bosquejo de permiso, si se aprueba, establecería las condiciones bajo las cuales la instalación debe operar. El Director Ejecutivo ha adoptado una decisión preliminar de que este permiso, si se expide, cumple todos los requisitos legales y reglamentarios.
COMENTARIO PÚBLICO / REUNIÓN PÚBLICA. Se llevará a cabo una reunión pública que constará de dos partes, un periodo de discusión informal y un periodo formal de comentarios. Una reunión pública no es una audiencia de caso impugnado en virtud de la Ley de Procedimiento Administrativo. Durante el Periodo de Discusión Informal, se alentará al público a hacer preguntas al solicitante y al personal de la TCEQ sobre la solicitud de permiso. Los comentarios y preguntas presentados oralmente durante el Periodo de Discusión Informal no serán considerados antes de que se llegue a una decisión sobre la solicitud de permiso y no se dará una respuesta formal. Las respuestas se proporcionarán oralmente durante el Periodo de Discusión Informal. Durante el Periodo de Comentarios Formales sobre la solicitud de permiso, los miembros del público pueden declarar sus comentarios formales oralmente en el registro oficial. El Director Ejecutivo preparará una respuesta por escrito a todas los comentarios oportunos, pertinentes y materiales, o significativos. Todos los comentarios formales serán considerados antes de llegar a una decisión sobre la solicitud de permiso. Se enviará una copia de la respuesta por escrito a cada persona que envíe un comentario formal o que haya solicitado estar en la lista de correo para esta solicitud de permiso y proporcione una dirección postal. Solo se pueden considerar las cuestiones relevantes y materiales planteadas durante el Periodo de comentarios formales si se concede una audiencia de caso impugnado sobre esta solicitud de permiso.
La Reunión Pública se llevará a cabo:
martes, 29 de noviembre de 2022 a las 7:00 p.m.
Dripping Springs Ranch Park
1042 Event Center Drive
Dripping Springs, Texas 78620
INFORMACIÓN. Se alienta a los miembros del público a enviar comentarios por escrito en cualquier momento durante la reunión o por correo antes del cierre del periodo de comentarios públicos a Office of the Chief Clerk, TCEQ, Mail Code MC-105, P.O. Box 13087, Austin, TX 78711-3087 o electrónicamente en www.tceq.texas.gov/goto/comment. Si necesita más información sobre la solicitud de permiso o el proceso de permisos, llame al Programa de Educación Pública de la TCEQ, al número gratuito, al (800) 687-4040. Si desea información en Español, puede llamar (800) 687-4040. Puede encontrar información general sobre la TCEQ en nuestro sitio web en https://www.tceq.texas.gov.
La solicitud de permiso, la decisión preliminar del Director Ejecutivo y el bosquejo del permiso están disponibles para ver y copiar en Dripping Springs Community Library, 501 Sportsplex Drive, Dripping Springs, Texas. También se puede obtener más información de Blizexas, LLC, en la dirección indicada anteriormente o llamando al Sr. Bill LeClerc al (978) 877-1798.
Las personas con discapacidades que necesiten acomodaciones especiales en la reunión deben llamar a la Oficina del Secretario Oficial al (512) 239-3300 o (800) RELAY-TX (TDD) al menos cinco días hábiles antes de la reunión.
Fecha de Emisión: 18 de octubre del 2022
TRD-202204131
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 18, 2022
Notice Issued on October 19, 2022
Application. Nido, Ltd., P.O. Box 790641, San Antonio, Bexar County, Texas 78279, has applied to the Texas Commission on Environmental Quality (TCEQ) for a permit amendment to authorize the vertical expansion at the existing Type IV Beck Landfill. There is no lateral increase in the disposal footprint of the landfill. The maximum permitted height of the final cover system is proposed to be increased from 772 feet above mean sea level to 890 feet above mean sea level. The facility is located at 550 FM 78, Schertz, Guadalupe County, Texas 78154. The TCEQ received this application on September 13, 2022. The permit application is available for viewing and copying at the Schertz Library, 798 Schertz Parkway, Schertz, Guadalupe County, Texas 78154, and may be viewed online at http://downloads.cecinc.com/Beck%20Landfill%20MSW%201848A%20Amendment/.
The following link to 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://arcg.is/08CXWL1. For exact location, refer to application.
Alternative Language Notice. Alternative language notice in Spanish is available at www.tceq.texas.gov/goto/mswapps. La notificación en otro idioma en español está disponible en www.tceq.texas.gov/goto/mswapps.
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.
Information Available Online. For details about the status of the application, visit the Commissioners’ Integrated Database (CID) at www.tceq.texas.gov/goto/cid. Once you have access to the CID using the above link, enter the permit number for this application, which is provided at the top of this notice.
Agency Contacts and Information. All public comments and requests must be submitted either electronically at www14.tceq.texas.gov/epic/eComment/ 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. Please be aware that any contact information you provide, including your name, phone number, email address and physical 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 or visit their website at www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.
Further information may also be obtained from Nido, Ltd. at the address stated above or by calling Mr. Grant Norman, General Manager at (210) 349-2491.
Solicitud. Nido, Ltd., P.O. Box 790641, San Antonio, Bexar County, Texas 78279, ha solicitado a la Comisión de Calidad Ambiental de Texas (TCEQ, por sus siglas en inglés) por por enmienda al permiso para autorizar la ampliación vertical en el actual vertedero de Beck de tipo IV. No hay un aumento lateral de la huella de eliminación del vertedero. Se propone aumentar la altura máxima permitida del sistema de cubierta final de 772 pies sobre el nivel medio del mar a 890 pies sobre el nivel medio del mar. El sitio está ubicado en 550 FM 78, Schertz, 78154, en el Condado de Guadalupe, Texas. La TCEQ recibió esta solicitud el 13 de septiembre de 2022. La solicitud está disponible para leer y copiar en the Schertz Library, 798 Schertz Parkway, Schertz, Guadalupe County, Texas 78154, y se puede ver en línea http://downloads.cecinc.com/Beck%20Landfill%20MSW%201848A%20Amendment/. El enlace a continuación a un mapa electrónico de la ubicación general del sitio o de la instalación es proporcionado como una cortesía y no es parte de la solicitud o del aviso: https://arcg.is/08CXWL1. Para la ubicación exacta, consulte la solicitud.
Aviso Adicional. El Director Ejecutivo de la TCEQ ha determinado que la solicitud es administrativamente completa y conducirá una revisión técnica de la solicitud. Después de completar la revisión técnica, el Director Ejecutivo puede preparar un borrador del permiso y emitirá una Decisión Preliminar sobre la solicitud. El Aviso de la Solicitud y la Decisión Preliminar será publicada y enviada a los que están en la lista de correo de las personas a lo largo del condado que desean recibir los avisos y los que están en la lista de correo que desean recibir avisos de esta solicitud. El aviso dará la fecha límite para someter comentarios públicos.
Comentario Público/Reunión Pública. Usted puede presentar comentarios públicos o pedir una reunión pública sobre esta solicitud. El propósito de una reunión pública es para dar la oportunidad de presentar comentarios o hacer preguntas acerca de la solicitud. La TCEQ realizará una reunión pública si el Director Ejecutivo determina que existe un interés público suficiente en la solicitud, o si es pedida por un legislador local. Una reunión pública no es una audiencia de caso impugnado.
Oportunidad de una Audiencia de Caso Impugnado. Después del plazo para presentar comentarios públicos, el Director Ejecutivo considerará todos los comentarios apropiados y preparará una respuesta a todos los comentarios públicos esenciales, pertinentes, o significativos. A menos que la solicitud haya sido remitida directamente para una audiencia de caso impugnado, la respuesta a los comentarios y la decisión del Director Ejecutivo será enviada por correo a todos los que hayan presentado comentarios públicos y a las personas que estén en la lista de correo sobre esta solicitud. Si se han recibido comentarios, el aviso también proveerá instrucciones para solicitar una audiencia de caso impugnado o una reconsideración de la decisión del Director Ejecutivo. Una persona que puede ser afectada por la instalación propuesta tiene el derecho a solicitar de la TCEQ una audiencia de caso impugnado. Una audiencia de caso impugnado es un procedimiento legal similar a un juicio civil en un tribunal de distrito del estado.
Para Solicitar una Audiencia de Caso Impugnado, Usted Debe Incluir en su Solicitud los Siguientes Datos: Su nombre, dirección y número de teléfono; el nombre del solicitante y número del permiso; la ubicación y la distancia de su propiedad/actividades con respecto a la instalación; una descripción específica de cómo sería usted afectado negativamente por la instalación en una manera no común al público en general; una lista de todas las cuestiones de hecho en disputa que usted presente durante el período de comentarios; y la declaración "[Yo/nosotros] solicito/solicitamos una audiencia de caso impugnado." Si presenta la petición para una audiencia de caso impugnado de parte de un grupo o asociación, debe identificar una persona que representa al grupo para recibir correspondencia en el futuro; identificar el nombre y la dirección física de un miembro del grupo que sería afectado adversamente por la planta o la actividad propuesta; proveer la información indicada anteriormente con respecto a la ubicación del miembro afectado y su distancia de la planta o actividad propuesta; explicar cómo y porqué el miembro sería afectado; y explicar cómo los intereses que el grupo desea proteger son pertinentes al propósito del grupo.
Después del cierre de todos los períodos de comentarios y de petición que aplican, el Director Ejecutivo enviará la solicitud y cualquier petición para reconsideración o para una audiencia de caso impugnado a los Comisionados de la TCEQ para su consideración durante una reunión programada de la Comisión. La Comisión sólo puede conceder una solicitud de una audiencia de caso impugnado sobre los temas que el solicitante haya presentado en sus comentarios oportunos que no fueron retirados posteriormente.
Si se concede una audiencia, el tema de la audiencia estará limitado a cuestiones de hecho en disputa o cuestiones mixtas de hecho y de derecho que son pertinentes y materiales a la decisión de la Comisión sobre la solicitud que se hayan presentado durante el período de comentarios.
Lista de Correo. Si presenta comentarios públicos, una petición para una audiencia de caso impugnado o una petición para reconsideración de la decisión del Director Ejecutivo, añadiremos su nombre a la lista de correo para esta solicitud para recibir futuros avisos públicos enviados por la Oficina del Secretario Oficial. Además, puede pedir que la TCEQ ponga su nombre en (1) la lista de correo permanente para un específico nombre de solicitante y número de permiso y/o (2) la lista de correo para un condado específico. Para ser añadido a una lista de correo permanente y/o una de condado, especifique claramente cuál/cuáles lista(s) y envíe su petición por correo a la Oficina del Secretario Oficial de la TCEQ.
Información Disponible en Línea. Para detalles sobre el estado de la solicitud, visite la Base de Datos Integrada de los Comisionados (CID, por sus siglas en inglés) al www.tceq.texas.gov/goto/cid. Una vez que haya obtenido acceso al CID usando el enlace de arriba, rellene el número de permiso de esta solicitud, la cual está proporcionada al inicio de este aviso.
Comunicación y Transferencia de Información a la Agencia. Todos los comentarios públicos y solicitudes deben ser presentadas electrónicamente vía www14.tceq.texas.gov/epic/eComment/ o por escrito dirigidos a la TCEQ, Office of Chief Clerk, MC-105, P.O. Box 13087, Austin, Texas 78711-3087. Tenga en cuenta que cualquier información personal que usted proporcione, incluyendo su nombre, número de teléfono, dirección de correo electrónico y dirección física pasarán a formar parte del registro público de la Agencia. Para obtener más información acerca de esta solicitud de permiso o el proceso de permisos, llame al programa de educación pública de la TCEQ, gratis, al 1-(800) 687-4040 o visite su sitio de la red al www.tceq.texas.gov/goto/pep. Si desea información en español, puede llamar al (800) 687-4040.
También se puede obtener información adicional de Nido Ltd. a la dirección indicada arriba o llamando al Señor. Grant Norman al (210) 349-2491.
TRD-202204143
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 19, 2022
Notice Issued October 14, 2022
APPLICATION NO. 12-2830B; Donald Paul Gromatzky, 1835 County Road 101, Hamilton, Texas 76531, Applicant, seeks to sever his 47.723-acre-foot portion of Certificate of Adjudication No. 12-2857 and combine it with and amend his 30-acre-foot portion of Certificate of Adjudication No. 12-2830, to add a diversion point on the Leon River, Brazos River Basin, and to add a place of use for agricultural purposes in Hamilton County. More information on the application and how to participate in the permitting process is given below.
The application and partial fees were received on July 15, 2020. Additional information and fees were received on August 24, 25, 26, and 27, 2020, September 11, 21, and 29, 2020, and August 6, and 10, 2021. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on October 13, 2020.
The Executive Director completed the technical review of the application and prepared a draft amendment. The draft amendment, if granted, would contain special conditions including, but not limited to, streamflow restrictions. The application, technical memoranda, and Executive Director’s draft amendment are available for viewing on the TCEQ web page at: https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/view-wr-pend-apps. Alternatively, you may request a copy of the documents by contacting the TCEQ Office of the Chief Clerk by phone at (512) 239-3300 or by mail at TCEQ OCC, Notice Team (MC-105), P.O. Box 13087, Austin, Texas 78711.
Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by November 1, 2022. A public meeting is intended for the taking of public comment and is not a contested case hearing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application.
The TCEQ may grant a contested case hearing on this application if a written hearing request is filed by November 1, 2022. The Executive Director can consider an approval of the application unless a written request for a contested case hearing is filed by November 1, 2022.
To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) applicant's name and permit number; (3) the statement "[I/we] request a contested case hearing;" (4) a brief and specific description of how you would be affected by the application in a way not common to the general public; and (5) the location and distance of your property relative to the proposed activity. You may also submit proposed conditions for the requested permit which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087 or electronically at https://www14.tceq.texas.gov/epic/eComment/ by entering ADJ 2830 in the search field. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address.
For additional information, individual members of the general public may contact the Public Education Program at (800) 687-4040. General information regarding the TCEQ can be found at our website at http://www.tceq.texas.gov./ Si desea información en español, puede llamar al (800) 687-4040 o por el internet al http://www.tceq.texas.gov.
TRD-202204105
Laurie Gharis
Chief Clerk
Texas Commission on Environmental Quality
Filed: October 14, 2022
BACKGROUND
The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code (THSC), Chapter 361, to identify, to the extent feasible, and evaluate facilities which may constitute an imminent and substantial endangerment to public health and safety or to the environment due to a release or threatened release of hazardous substances into the environment. The first registry identifying these sites was published in the January 16, 1987, issue of the Texas Register (12 TexReg 205). Pursuant to THSC, §361.181, the commission must update the state Superfund registry annually to add new facilities that have been proposed for listing in accordance with THSC, §361.184(a) or listed in accordance with THSC, §361.188(a)(1) (see also 30 Texas Administrative Code (TAC) §335.343) or to remove facilities that have been deleted in accordance with THSC, §361.189 (see also 30 TAC §335.344). The current notice also includes facilities where state Superfund action has ended, or where cleanup is being adequately addressed by other means.
SITES LISTED ON THE STATE SUPERFUND REGISTRY
The state Superfund registry identifying those facilities that are listed and have been determined to pose an imminent and substantial endangerment are set out in descending order of Hazard Ranking System (HRS) scores as follows:
1. Col-Tex Refinery. Located on both sides of Business Interstate Highway 20 (United States Highway 80) in Colorado City, Mitchell County: tank farm and refinery.
2. First Quality Cylinders. Located at 931 West Laurel Street, San Antonio, Bexar County: aircraft cylinder rebuilder.
3. Camtraco Enterprises, Inc. Located at 18823 Amoco Drive in Pearland, Brazoria County: fuel storage/fuel blending/distillation.
4. Pioneer Oil Refining Company. Located at 20280 South Payne Road, outside of Somerset, Bexar County: oil refinery.
5. Precision Machine and Supply. Located at 500 West Olive Street, Odessa, Ector County: chrome plating and machine shop.
6. Voda Petroleum Inc. Located approximately 1.25 miles west of the intersection of Farm-to-Market Road (FM) 2275 (George Richey Road) and FM 3272 (North White Oak Road), 2.6 miles north-northeast of Clarksville City, Gregg County: waste oil recycling.
7. Sonics International, Inc. Located north of Farm Road 101, approximately two miles west of Ranger, Eastland County: industrial waste injection wells.
8. Maintech International. Located at 8300 Old Ferry Road, Port Arthur, Jefferson County: chemical cleaning and equipment hydroblasting.
9. Federated Metals. Located at 9200 Market Street, Houston, Harris County: magnesium dross/sludge disposal, inactive landfill.
10. International Creosoting. Located at 1110 Pine Street, Beaumont, Jefferson County: wood treatment.
11. McBay Oil and Gas. Located approximately three miles northwest of Grapeland on Farm Road 1272, Houston County: oil refinery and oil reclamation plant.
12. Materials Recovery Enterprises (MRE). Located about four miles southwest of Ovalo, near United States Highway 83 and Farm Road 604, Taylor County: Class I industrial waste management.
13. Hu-Mar Chemicals. Located north of McGlothlin Road, between the old Southern Pacific Railroad tracks and 12th Street, Palacios, Matagorda County: pesticide and herbicide formulation.
14. American Zinc. Located approximately 3.5 miles north of Dumas on United States Highway 287 and five miles east of Dumas on Farm Road 119, Moore County: zinc smelter.
15. Toups. Located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake, Hardin County: fencepost treating and municipal waste.
16. Harris Sand Pits. Located at 23340 South Texas 16, approximately 10.5 miles south of San Antonio at Von Ormy, Bexar County: commercial sand and clay pit.
17. JCS Company. Located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198, Van Zandt County: lead-acid battery recycling.
18. Jerrell B. Thompson Battery. Located north of Phalba on County Road 2410, approximately one mile north of the intersection of County Road 2410 and Texas 198, Van Zandt County: lead-acid battery recycling.
19. Ballard Pits. Located at the end of Ballard Road (also known as Ballard Lane), west of its intersection with County Road 73, northwest of Robstown, Nueces County: disposal of oil field drilling muds and petroleum wastes.
20. Spector Salvage Yard. Located at Jackson Avenue and Tenth Street, Orange, Orange County: military surplus and chemical salvage yard.
21. Hayes-Sammons Warehouse. Located at Miller Avenue and East Eighth Street, Mission, Hidalgo County: commercial grade pesticide storage.
22. Jensen Drive Scrap. Located at 3603 Jensen Drive, Houston, Harris County: scrap salvage.
23. State Highway 123 PCE Plume. Located near the intersection of State Highway 123 and Interstate Highway 35 in San Marcos, Hays County: contaminated groundwater plume.
24. Baldwin Waste Oil Company. Located on County Road 44 approximately 0.1 mile west of its intersection with Farm Road 1889, Robstown, Nueces County: waste oil processing.
25. Hall Street. Located north of the intersection of 20th Street East with California Street, north of Dickinson, Galveston County: waste disposal and landfill/open field dumping.
26. Unnamed Plating. Located at 6816 - 6824 Industrial Avenue, El Paso, El Paso County: metals processing and recovery.
27. Tricon America, Inc. Located at 101 East Hampton Road, Crowley, Tarrant County: aluminum and zinc smelting and casting.
28. Mineral Wool Insulation Manufacturing Company. Located on Shaw Road at the northwest corner of the city limits of Rogers, Bell County: mineral wool manufacturing.
SITES PROPOSED FOR LISTING ON THE STATE SUPERFUND REGISTRY
Those facilities that may pose an imminent and substantial endangerment and that have been proposed to the state Superfund registry are set out in descending order of HRS scores as follows:
1. Kingsland. Located in the vicinity of the 2100 and 2400 blocks of FM Road 1431 in the community of Kingsland, Llano County: former coin-operated dry cleaning facility.
2. Angus Road Groundwater Site. Located beneath the 4300 block of Angus Road, west of Odessa, Ector County: groundwater plume of unknown source.
3. Industrial Road/Industrial Metals. Located at 3000 Agnes Street in Corpus Christi, Nueces County: lead acid battery recycling and copper coil salvage.
4. Tenaha Wood Treating. Located at 275 County Road 4382, about a mile and a half south of the city limits and near the intersection of United States Highway 96 and County Road 4382, Tenaha, Shelby County: wood treatment.
5. Poly-Cycle Industries, Inc., Tecula. Located northeast of Tecula on the southeast corner of the intersection of FM 2064 and County Road 4216, Cherokee County: lead acid battery recycling.
6. Process Instrumentation and Electrical (PIE). Located at the northwest corner of 48th Street and Andrews Highway (Highway 385) in Odessa, Ector County: chromium plating.
7. Marshall Wood Preserving. Located at 2700 West Houston Street, Marshall, Harrison County: wood treatment.
8. Avinger Development Company (ADCO). Located on the south side of State Highway 155, approximately 0.25 mile east of the intersection with State Highway 49, Avinger, Cass County: wood treatment.
9. Wigginsville Road Groundwater Plume. Located on the eastern edge of the Conroe Oilfield, southeast of Conroe, Montgomery County: groundwater plume of an unknown origin.
10. Moss Lake Road Groundwater Site. Located approximately 0.25 mile north of the intersection of North Moss Lake Road and Interstate Highway 20, approximately four miles east of Big Spring, Howard County: groundwater plume of an unknown source.
11. Cass County Treating Company. Located at 304 Hall Street within the southeastern city limits of Linden, Cass County: wood treatment.
12. Tucker Oil Refinery/Clinton Manges Oil Refinery. Located on the east side of United States Highway 79 in the rural community of Tucker, Anderson County: oil refinery.
13. Bailey Metal Processors, Inc. Located at 509 San Angelo Highway (United States Highway 87), in Brady, McCulloch County: scrap metal dealer, primarily conducting copper and lead reclamation.
14. City View Road Groundwater Plume. Located northwest of the intersection of Interstate Highway 20 and State Highway 158, Midland County: groundwater contamination plume.
15. Scrub-A-Dubb Barrel Company. Located at 1102 North Ash Avenue, and at 1209 North Ash Avenue, Lubbock, Lubbock County: former drum cleaning and reconditioning business.
CHANGES SINCE THE NOVEMBER 2021 SUPERFUND REGISTRY PUBLICATION
The commission listed Ballard Pits to the state Superfund registry. There were no sites proposed to or deleted from the state Superfund registry since its last publication, in the Texas Register on November 5, 2021 (45 TexReg 7658).
SITES DELETED FROM THE STATE SUPERFUND REGISTRY
The commission has deleted 57 sites from the state Superfund registry.
Aluminum Finishing Company, Harris County;
Archem Company/Thames Chelsea, Harris County;
Aztec Ceramics, Bexar County;
Aztec Mercury, Brazoria County;
Barlow's Wills Point Plating, Van Zandt County;
Bestplate, Inc., Dallas County;
Butler Ranch, Karnes County;
Cox Road Dump Site, Liberty County;
Crim-Hammett, Rusk County;
Dorchester Refining Company, Titus County;
Double R Plating Company, Cass County;
El Paso Plating Works, El Paso County;
EmChem Corporation, Brazoria County;
Force Road Oil, Brazoria County;
Gulf Metals Industries, Harris County;
Hagerson Road Drum, Fort Bend County;
Harkey Road, Brazoria County;
Hart Creosoting, Jasper County;
Harvey Industries, Inc., Henderson County;
Hicks Field Sewer Corp., Tarrant County;
Hi-Yield, Hunt County;
Higgins Wood Preserving, Angelina County;
Houston Lead, Harris County;
Houston Scrap, Harris County;
J.C. Pennco Waste Oil Service, Bexar County;
James Barr Facility, Brazoria County;
Kingsbury Metal Finishing, Guadalupe County;
LaPata Oil Company, Harris County;
Lyon Property, Kimble County;
McNabb Flying Service, Brazoria County;
Melton Kelly Property, Navarro County;
Munoz Borrow Pits, Hidalgo County;
Newton Wood Preserving, Newton County;
Niagara Chemical, Cameron County;
Old Lufkin Creosoting, Angelina County;
Permian Chemical, Ector County;
Phipps Plating, Bexar County;
PIP Minerals, Liberty County;
Poly-Cycle Industries, Ellis County;
Poly-Cycle Industries, Jacksonville, Cherokee County;
Rio Grande Refinery I, Hardin County;
Rio Grande Refinery II, Hardin County;
Rogers Delinted Cottonseed-Colorado City, Mitchell County;
Rogers Delinted Cottonseed-Farmersville, Collin County;
Sampson Horrice, Dallas County;
SESCO, Tom Green County;
Shelby Wood Specialty, Inc., Shelby County;
Sherman Foundry, Grayson County;
Solvent Recovery Services, Fort Bend County;
South Texas Solvents, Nueces County;
State Marine, Jefferson County;
Stoller Chemical Company, Hale County;
Texas American Oil, Ellis County;
Thompson Hayward Chemical, Knox County;
Waste Oil Tank Services, Harris County;
Woodward Industries, Inc., Nacogdoches County; and
Wortham Lead Salvage, Henderson County.
REMOVAL FROM INCLUSION
The Lindsay Post Company Site, located in Alto, Cherokee County, was removed from inclusion on the registry as a site that was proposed for listing in the January 22, 1988, issue of the Texas Register (13 TexReg 427).
How to Access Agency Records
Agency records for these sites may be accessible for viewing or copying by contacting the TCEQ Central File Room (CFR) Customer Service Center, Building E, North Entrance, at 12100 Park 35 Circle, Austin, Texas 78753, phone number (512) 239-2900, fax (512) 239-1850, or e-mail cfrreq@tceq.texas.gov. CFR Customer Service Center staff will assist with providing program area contacts for records not maintained in the CFR. Accessible parking is available on the east side of Building D, located near building ramps, between Buildings D and E. There is no charge for viewing the files; however, copying of file information is subject to payment of a fee.
Inquiries concerning the agency Superfund program records may also be directed to Superfund staff at the Superfund toll-free line (800) 633-9363 or e-mail superfnd@tceq.texas.gov.
TRD-202204098
Gitanjali Yadav
Deputy Director, Litigation
Texas Commission on Environmental Quality
Filed: October 14, 2022
Request for Proposals #303-3-20750
The Texas Facilities Commission (TFC), on behalf of the Texas Animal Health Commission (TAHC) announces the issuance of Request for Proposals (RFP) 303-3-20750. TFC seeks a five (5) or ten (10) year lease of approximately 5,488 square feet of usable space which consist of 3,488 SF of office space, 1,000 SF of warehouse space, and 1,000 SF of paved fenced yard located in Randall County, Texas.
The deadline for questions is November 15, 2022, and the deadline for proposals is December 7, 2022, at 3:00 p.m. The award date is January 19, 2023. 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 Heather Goll at heather.goll@tfc.texas.gov. A copy of the RFP may be downloaded from the Electronic State Business Daily at https://www.txsmartbuy.com/esbddetails/view/303-3-20750.
TRD-202204134
Rico Gamino
Director of Procurement
Texas Facilities Commission
Filed: October 19, 2022
The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney General (OAG) announces the issuance of Request for Proposals (RFP) 303-3-20751. TFC seeks a five (5) or ten (10) year lease of approximately 5,259 SF of usable office space located in McKinney or Frisco, Texas.
The deadline for questions is November 16, 2022, and the deadline for proposals is December 8, 2022, at 3:00 p.m. The award date is January 19, 2023. 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 Heather Goll at heather.goll@tfc.texas.gov. A copy of the RFP may be downloaded from the Electronic State Business Daily at
https://www.txsmartbuy.com/esbddetails/view/303-3-20751.
TRD-202204133
Rico Gamino
Director of Procurement
Texas Facilities Commission
Filed: October 19, 2022
Coastal Boundary Survey Approval Notice - Cedar Bayou; Chambers County
Surveying Division
Coastal Boundary Survey Approval
Project: Cedar Bayou-John Jiams, A-15, Mattox 20220822- Chambers County Texas.
Project No: GLO-CL20120019
Project Manager: Amy Nunez, Manager, Corpus Christi-Lower Coast, Texas General Land Office
Surveyor: Joe A. Mattox, Licensed State Land Surveyor
Description: A Coastal Boundary Survey delineating the line of Mean Higher High Water (MHHW) along the John Jiams Survey, A-15 and Cedar Bayou, Chambers County, Texas in connection with Texas General Land Office Project Number CL20120019. Survey dated April 28,2022. Centroid coordinates 29°42'40.57"N, 94°56'0.37"W, WGS84. A copy of the survey has been filed in Book 4, Page 209, County Surveyor Records, Chambers County, Texas.
A Coastal Boundary Survey for the above-referenced project has been reviewed and accepted; upon completion of public notice requirements, the survey will be filed in the Texas General Land Office, Archives and Records, in accordance with provisions of the Texas Natural Resources Code, Chapter 33.136.
Signed: David Klotz, RPLS, LSLS, Surveying Division
Date: September 22, 2022
Approval Filed as: Tex.Nat.Res.Code Article 33.136 Chambers County, Sketch No. 13.
TRD-202204085
Mark Havens
Chief Clerk, Deputy Land Commissioner
General Land Office
Filed: October 12, 2022
Surveying Division
Coastal Boundary Survey Approval
Project: Chambers Liberty Counties Navigation District-John Jiams A-15, Foster Townsend 20220822- Chambers County Texas.
Project No: GLO - Mineral Interest Only, within Chambers Liberty Counties Navigation District
Project Manager: Amy Nunez, Manager, Corpus Christi-Lower Coast, Texas General Land Office
Surveyor: Nedra Foster Townsend, Licensed State Land Surveyor
Description: A Coastal Boundary Survey delineating the line of Mean Higher High Water (MHHW) along the John Jiams Survey, Abstract 15, and the Chambers Liberty Counties Navigation District State Submerged Tract 94, Abstract 680. This point is also on the southerly end of an area of Artificial Fill which is the result of a Texas Parks & Wildlife Planting Project. Survey dated April 27 & 28,2022. Centroid coordinates 29°39'42.0S"N, 94°55'29.74"W, WGS84. A copy of the survey has been filed in Book 4, Page 207 & 208, County Surveyor Records, Chambers County, Texas.
A Coastal Boundary Survey for the above-referenced project has been reviewed and accepted; upon completion of public notice requirements, the survey will be filed in the Texas General Land Office, Archives and Records, in accordance with provisions of the Texas Natural Resources Code, Chapter 33.136.
Signed: David Klotz. RPLS, LSLS, Surveying Services Date: September 22, 2022
Approval Filed as: Tex.Nat.Res.Code Article 33.136 Chambers County, Sketch No. 14.
TRD-202204084
Mark Havens
Chief Clerk, Deputy Land Commission
General Land Office
Filed: October 12, 2022
Designation of a Practice Serving a Medically Underserved Population
The Texas Department of State Health Services (Department) is required under Texas Occupations Code §157.051 to designate practices serving a medically underserved population. In addition, the Department is required to publish notice of such designations in the Texas Register and to provide an opportunity for public comment on the designations.
Accordingly, the Department has proposed designating the following as practices serving medically underserved populations:
MD Kids Pediatrics, 603 E 1st Street, Alice, Texas 78332;
MD Kids Pediatrics, 14041 Northwest Boulevard, Suite 1, Corpus Christi, Texas 78410;
MD Kids Pediatrics, 1702 Roddfield Road, Corpus Christi, Texas 78412;
MD Kids Pediatrics, 5726 Spohn Drive, Corpus Christi, Texas 78414;
MD Kids Pediatrics, 23110 IH 10 West, Suite 210, San Antonio, Texas 78257; and
MD Kids Pediatrics, 11841 Alamo Ranch Parkway, Suite 101, San Antonio, Texas 78253.
These designations are based on evidence establishing that these practices serve a disproportionate number of clients eligible to participate in federally, state, or locally funded health care programs. Oral and written comments on the designations may be directed to Kristina Juarez, MPH, Research Specialist, Health Professions Resource Center - Mail Code 1898, Center for Health Statistics, Texas Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; (512) 776-7261 (phone); (512) 776-7344 (fax); or hprc@dshs.texas.gov. Comments will be accepted for 30 days from the publication date of this notice.
TRD-202204122
Cynthia Hernandez
General Counsel
Department of State Health Services
Filed: October 17, 2022
Date of Meeting: November 10, 2022
Start Time of Meeting: 9:30 a.m.
Location: Meeting will be held via video conference. A link to the video conference will be available at https://www.highered.texas.gov/.
Additional Information Obtained From: Laurie Frederick, Convener, (512) 427-6446, Laurie.Frederick@highered.texas.gov.
Agenda:
1. Opening Remarks
2. Discussion of Draft Rule Language on Sexual Misconduct Substantial Compliance & Penalty Matrix
3. Consideration and Possible Action to Approve Proposed Rule Language on Sexual Misconduct Substantial Compliance & Penalty Matrix
Individuals who may require auxiliary aids or services for this meeting should contact Glenn Tramel, ADA Coordinator, at (512) 427-6193 at least five days before the meeting so that appropriate arrangements can be made.
All persons requesting to address the Committee regarding an item on this agenda should do so in writing at least 24 hours before the start of the meeting at Laurie.Frederick@highered.texas.gov. A toll-free telephone number, free-of-charge video conference link, or other means will be provided by which to do so.
TRD-202204128
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Filed: October 18, 2022
Date of Meeting: November 7, 2022
Start Time of Meeting: 9:30 a.m.
Location: Meeting will be held via video conference. A link to the video conference will be available at https://www.highered.texas.gov/.
Additional Information Obtained From: Laurie Frederick, Convener, (512) 427-6446, Laurie.Frederick@highered.texas.gov.
Agenda:
1. Introductions
2. Brief Overview of the Negotiated Rulemaking Process: What it is, What it's not
3. Brief Overview of Roles and Responsibilities
a) Role of Facilitator
b) Role of Sponsor Agency
c) Role of Committee Members
4. Consideration and Possible Action to Approve Facilitator
5. Procedural Issues
a) Consideration and Possible Action to Approve Ground Rules
b) Consideration and Possible Action to Approve Definition of Consensus
6. Discussion of Draft Rule Language on Tuition Equalization Grant
7. Consideration and Possible Action to Approve Proposed Rule Language on Tuition Equalization Grant
Individuals who may require auxiliary aids or services for this meeting should contact Glenn Tramel, ADA Coordinator, at (512) 427-6193 at least five days before the meeting so that appropriate arrangements can be made.
All persons requesting to address the Committee regarding an item on this agenda should do so in writing at least 24 hours before the start of the meeting at Laurie.Frederick@highered.texas.gov. A toll-free telephone number, free-of-charge video conference link, or other means will be provided by which to do so.
TRD-202204129
Nichole-Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Filed: October 18, 2022
The Texas Department of Housing and Community Affairs (the Department) announces a NOFA of approximately $1,000,000 in HOME funds for single family housing programs under the Contract for Deed (CFD) set-aside. These funds will be made available to HOME Reservation System Participants with a current Reservation System Participation (RSP) Agreement. Funds will be available beginning Tuesday, November 1, 2022, at 10:00 a.m. Austin local time.
CFD provides funds for the acquisition or refinance, in combination with New Construction, of single family housing occupied by the purchaser as shown on an executory contract for conveyance. Specific program guidelines can be found at 10 TAC Chapter 23, Single Family HOME Program, Subchapter D, Contract for Deed Program, §§23.40 - 23.42.
The availability and use of these funds are subject to the HOME rules including, but not limited to the following Texas Administrative Code (TAC) rules in effect at the time of contract execution, Title 10, Part 1, Chapter 1, Administration; Chapter 2, Enforcement; Chapter 20, the Single Family Programs Umbrella Rule; Chapter 21, the Minimum Energy Efficiency Requirements for Single Family Construction Activities; Chapter 23, the Single Family HOME Program, (State HOME Rules); and Tex. Gov’t Code Chapter 2306. Other federal and state regulations include but are not limited to, 24 CFR Part 58 for environmental requirements, 2 CFR Part 200 for Uniform Administrative Requirements, 24 CFR §135.38 for Section 3 requirements, 24 CFR Part 5, Subpart A for fair housing, (Federal HOME Rules), the Uniform Grant and Contract Management requirements as outlined in Chapter 783 in the Texas Local Government (UGMS or TxGMS, as applicable). Applicants must familiarize themselves with all of the applicable state and federal rules that govern the HOME Program.
Eligible Applicants include Units of General Local Government, nonprofit organizations, Public Housing Authorities, Local Mental Health Authorities, and Councils of Government.
Additional Information
The NOFA is available on the Department's website at http://www.tdhca.state.tx.us/nofa.htm.
All Application materials are available on the Department's website at http://www.tdhca.state.tx.us/home-division/applications.htm.
For questions regarding this NOFA, please contact the Single Family and Homeless Programs Division via email at HOME@tdhca.state.tx.us.
TRD-202204109
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: October 14, 2022
The Texas Department of Housing and Community Affairs (TDHCA or the Department) announces a NOFA of approximately $19,571,633 in HOME funds for single family housing programs under the general set-aside utilizing a reservation system. These funds will be made available to HOME Reservation System Participants after a Reservation System Participation (RSP) Agreement has been ratified. Funds will be released subject to the Regional Allocation Formula (RAF) beginning Tuesday, November 29, 2022, at 10:00 a.m. Austin local time.
The availability and use of these funds are subject to the HOME rules including, but not limited to the following Texas Administrative Code (TAC) rules in effect at the time of application review or contract execution (as applicable): Title 10, Part 1, Chapter 1, Administration; Chapter 2, Enforcement; Chapter 20, the Single Family Programs Umbrella Rule; Chapter 21, the Minimum Energy Efficiency Requirements for Single Family Construction Activities; Chapter 23, the Single Family HOME Program, (State HOME Rules); and Tex. Gov’t Code §2306. Other federal and state regulations include but are not limited to: 24 CFR Part 58 for environmental requirements, 2 CFR Part 200 for Uniform Administrative Requirements, 24 CFR §135.38 for Section 3 requirements, 24 CFR Part 5, Subpart A for fair housing, (Federal HOME Rules), and for units of government, the Uniform Grant and Contract Management requirements as outlined in Chapter 783 in the Texas Local Government (UGMS or TxGMS, as applicable). Applicants must familiarize themselves with all of the applicable state and federal rules that govern the HOME Program.
Eligible Activities
Homeowner Reconstruction Assistance (HRA). HRA provides funds for the reconstruction or new construction of a single family residence owned and occupied by eligible low-income Households. Specific program guidelines can be found at 10 TAC Chapter 23, Single Family HOME Program, Subchapter C, Homeowner Reconstruction Assistance Program, §§23.30 - 23.32.
Tenant-Based Rental Assistance (TBRA). TBRA provides rental subsidies to eligible low-income Households. Assistance may include rental, security, and utility deposits. Specific program guidelines can be found at 10 TAC Chapter 23, Single Family HOME Program, Subchapter F, Tenant-Based Rental Assistance Program, §§23.50 - 23.52.
Eligible Applicants include Units of General Local Government, Nonprofit Organizations, Public Housing Authorities, Local Mental Health Authorities, and Councils of Government. Funds may not be used in a Participating Jurisdiction (PJ).
Additional Information
The NOFA is available on the Department's website at http://www.tdhca.state.tx.us/nofa.htm.
All Application materials are available on the Department's website at http://www.tdhca.state.tx.us/home-division/applications.htm.
For questions regarding this NOFA, please contact the Single Family and Homeless Programs Division via email at HOME@tdhca.state.tx.us.
TRD-202204110
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: October 14, 2022
The Texas Department of Housing and Community Affairs (the Department) announces a NOFA of approximately $1,792,947 in HOME funds for single-family housing programs under the Persons with Disabilities (PWD) set-aside under a Reservation System. These funds will be made available to HOME Reservation System Participants with a current Reservation System Participation (RSP) Agreement. Funds will be available beginning Tuesday, November 1, 2022, at 10:00 a.m. Austin local time.
The availability and use of these funds are subject to the HOME rules including, but not limited to the following Texas Administrative Code (TAC) rules in effect at the time of contract execution: Title 10, Part 1, Chapter 1, Administration; Chapter 2, Enforcement; Chapter 20, the Single Family Programs Umbrella Rule; Chapter 21, the Minimum Energy Efficiency Requirements for Single Family Construction Activities; Chapter 23, the Single Family HOME Program (State HOME Rules), and Tex. Gov’t Code Chapter 2306. Other federal and state regulations include but are not limited to: 24 CFR Part 58 for environmental requirements, 2 CFR Part 200 for Uniform Administrative Requirements, 24 CFR §135.38 for Section 3 requirements, 24 CFR Part 5, Subpart A for fair housing, (Federal HOME Rules), and for units of government, the Uniform Grant and Contract Management requirements as outlined in Chapter 783 in the Texas Local Government (UGMS or TxGMS, as applicable). Applicants must familiarize themselves with all of the applicable state and federal rules that govern the HOME Program.
Eligible Activities
Homeowner Reconstruction Assistance (HRA). HRA provides funds for the rehabilitation, reconstruction, or new construction of a single-family residence owned and occupied by eligible low-income Households. Specific program guidelines can be found at 10 TAC Chapter 23, Single Family HOME Program, Subchapter C, Homeowner Reconstruction Assistance Program, §§23.30 - 23.32.
Tenant-Based Rental Assistance (TBRA). TBRA provides rental subsidies to eligible low-income Households. Assistance may include rental, security, and utility deposits. Specific program guidelines can be found at 10 TAC Chapter 23, Single Family HOME Program, Subchapter F, Tenant-Based Rental Assistance Program, §§23.50 - 23.52.
Eligible Applicants include Units of General Local Government, nonprofit organizations, Public Housing Authorities, Local Mental Health Authorities, and Councils of Government. Funds may not be used in a Participating Jurisdiction (PJ).
Additional Information
The NOFA is available on the Department's website at http://www.tdhca.state.tx.us/nofa.htm.
All Application materials are available on the Department's website at http://www.tdhca.state.tx.us/home-division/applications.htm.
For questions regarding this NOFA, please contact the Single Family and Homeless Programs Division via email at HOME@tdhca.state.tx.us.
TRD-202204111
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: October 14, 2022
The Texas Department of Housing and Community Affairs (TDHCA) announces the opening of a 15-day public comment period for the State of Texas Draft 2022 Consolidated Plan Annual Performance Report - Reporting on Program Year 2021 (the Report) as required by the U.S. Department of Housing and Urban Development (HUD). The Report is required, as part of the overall requirements, governing the State's consolidated planning process. The Report is submitted in compliance with 24 CFR §91.520, Consolidated Plan Submissions for Community Planning and Development Programs. The 15-day public comment period begins Tuesday, November 1, 2022, and continues until 5:00 p.m. Austin Local Time on Tuesday, November 15, 2022.
The Report gives the public an opportunity to evaluate the performance of the past program year for five HUD programs: the Community Development Block Grant Program (CDBG) administered by the Texas Department of Agriculture (TDA), the Housing Opportunities for Persons with AIDS Program (HOPWA) administered by the Texas Department of State Health Services (DSHS), and the Emergency Solutions Grants (ESG), HOME Investment Partnerships, and National Housing Trust Fund programs, administered by TDHCA. The following information is provided for each of the programs covered in the Report: a summary of program resources and programmatic accomplishments; a series of narrative statements on program performance over the past year; a qualitative analysis of program actions and experiences; and a discussion of program successes in meeting program goals and objectives.
In addition, the report provides a summary and analysis of three new HUD funded programs created in response to and to recover from the COVID-19 Pandemic. These new programs are CDBG-CV and ESG-CV, administered by TDHCA and HOPWA-CV administered by DSHS.
Beginning November 1, 2021, the Report will be available on the Department's website at http://www.tdhca.state.tx.us/public-comment.htm. A hard copy can be requested by contacting the Housing Resource Center at P.O. Box 13941, Austin, Texas 78711-3941 or by calling (512) 475-3976.
Written comment should be sent by mail to the Texas Department of Housing and Community Affairs, Housing Resource Center, P.O. Box 13941, Austin, TX 78711-3941, or by email to info@tdhca.state.tx.us.
TRD-202204123
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Filed: October 18, 2022
Adopted Fiscal Year 2023 Research Agenda
Workers' Compensation Research and Evaluation Group
Introduction
The commissioner of workers' compensation considers the Fiscal Year (FY) 2023 Research Agenda for the Workers' Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance, Division of Workers' Compensation (DWC).
Texas Labor Code §405.0025 requires the REG to conduct professional studies and research related to how effectively the workers' compensation system operates. Section 405.0026 requires the REG to annually publish a workers' compensation research agenda listing the topics the REG will study for that year.
DWC published the proposed research agenda in the September 9, 2022, issue of the Texas Register (47 TexReg 5520) and sought public review and comment. DWC received one comment and no requests for a public hearing.
Summary of Comments and Agency Response
Comment: One commenter recommends that the REG include as part of its proposed agenda an analysis of adopting the latest (sixth) edition of American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment for Mental and Behavioral Disorders. The commenter adds that the current (fourth) edition that TDI uses is outdated in terms of mental health treatment and disorders.
Response: DWC appreciates the comment. Given the requirements of the REG this fiscal year and serving as a resource during the upcoming legislative session, the REG does not currently have the resources to take on this project at this time. However, the REG will consider the feasibility of such a study in a future research agenda if this data is readily available.
Order
It is ordered that the FY 2023 Research Agenda for the Workers' Compensation Research and Evaluation Group is adopted as follows:
1. An update of medical costs and utilization in the Texas workers' compensation system, with additional attention on the cost and utilization of office visits and physical medicine services.
2. An analysis of injured employee access to medical care provided under the workers' compensation system, including an analysis of access to medical care through TDI-certified workers' compensation health care networks.
3. An update of return-to-work outcomes for injured employees, including an examination of injured Texas employees' initial and sustained return-to-work rates and wage-recovery rates.
4. An updated analysis of the impact of the pharmacy closed formulary on the utilization and cost patterns in pharmacy prescriptions for new and legacy claims and post-formulary trends in the utilization of physical medicine in the Texas workers' compensation system.
The REG will consider expanding the scope of the research projects or conducting more projects to accommodate stakeholder suggestions, subject to the resources and data available.
TRD-202204130
Kara Mace
Deputy Commissioner for Legal Services
Texas Department of Insurance, Division of Workers’ Compensation
Filed: October 18, 2022
Scratch Ticket Game Number 2410 "MONOPOLY™"
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2410 is "MONOPOLY™". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2410 shall be $10.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2410.
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, 06, 07, 08, 09, 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, 41, 42, 43, 44, 45, 2X SYMBOL, 5X SYMBOL, 10X SYMBOL, $10.00, $20.00, $30.00, $50.00, $100, $200, $500, $1,000, $10,000, $50,000 and $250,000.
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. 2410 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) 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 twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2410), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 050 within each Pack. The format will be: 2410-0000001-001.
H. Pack - A Pack of the "MONOPOLY™" Scratch Ticket Game contains 050 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). Ticket back 001 and 050 will both be exposed.
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 "MONOPOLY™" Scratch Ticket Game No. 2410.
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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "MONOPOLY™" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose sixty-six (66) Play Symbols. If a player matches any of the YOUR NUMBERS Play Symbols to any of the MONOPOLY NUMBERS Play Symbols, the player wins the prize for that number. If the player reveals a "2X" Play Symbol, the player wins DOUBLE the prize for that symbol. If the player reveals a "5X" Play Symbol, the player wins 5 TIMES the prize for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the prize for that symbol. 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 sixty-six (66) 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 and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the 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 and Game-Pack-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 sixty-six (66) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 sixty-six (66) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the sixty-six (66) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-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. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. KEY NUMBER MATCH: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20).
D. KEY NUMBER MATCH: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
E. KEY NUMBER MATCH: No matching MONOPOLY™ NUMBERS Play Symbols on a Ticket.
F. KEY NUMBER MATCH: A non-winning Prize Symbol will never match a winning Prize Symbol.
G. KEY NUMBER MATCH: A Ticket may have up to four (4) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.
H. KEY NUMBER MATCH: The "2X" (DBL) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.
I. KEY NUMBER MATCH: The "5X" (WINX5) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.
J. KEY NUMBER MATCH: The "10X" (WINX10) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.
2.3 Procedure for Claiming Prizes.
A. To claim a "MONOPOLY™" Scratch Ticket Game prize of $10.00, $20.00, $30.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may 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, $100, $200 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 "MONOPOLY™" Scratch Ticket Game prize of $1,000, $10,000, $50,000 or $250,000, the claimant must sign the winning Scratch Ticket and may 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 "MONOPOLY™" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. 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;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount 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 "MONOPOLY™" 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 "MONOPOLY™" 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 Prizes. There will be approximately 8,040,000 Scratch Tickets in Scratch Ticket Game No. 2410. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2410 - 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. 2410 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 Scratch Ticket 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. 2410, 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-202204124
Bob Biard
General Counsel
Texas Lottery Commission
Filed: October 18, 2022
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2454 is "CA$H PLU$". The play style is "key number match".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2454 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2454.
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, 06, 07, 08, 09, 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, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 5X SYMBOL, 10X SYMBOL, $5.00, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $5,000 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 2454 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) digit number appearing under the latex scratch-off covering on the front of the Scratch Ticket. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.
F. Bar Code - A twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2454), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2454-0000001-001.
H. Pack - A Pack of the "CA$H PLU$" Scratch Ticket Game contains 075 Tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The Packs will alternate. One will show the front of Ticket 001 and back of 075 while the other fold will show the back of Ticket 001 and front of 075.
I. Non-Winning Scratch Ticket - A Scratch Ticket which is not programmed to be a winning Scratch Ticket or a Scratch Ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
J. Scratch Ticket Game, Scratch Ticket or Ticket - Texas Lottery "CA$H PLU$" Scratch Ticket Game No. 2454.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general Scratch Ticket validation requirements set forth in Texas Lottery Rule 401.302, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "CA$H PLU$" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose forty-five (45) Play Symbols. GAME 1: 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 the player reveals a "5X" Play Symbol, the player wins 5 TIMES the PRIZE for that symbol. If the player reveals a "10X" Play Symbol, the player wins 10 TIMES the PRIZE for that symbol. GAME 2 (ticket back): If the player matches any of the YOUR NUMBERS Play Symbols to either 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 forty-five (45) 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 and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the 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 and Game-Pack-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 forty-five (45) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 forty-five (45) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the forty-five (45) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-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. GENERAL: The top Prize Symbol will appear on every Ticket, unless restricted by other parameters, play action or prize structure.
B. GENERAL: Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. GAME 1 (Ticket Front) - Key Number Match: A non-winning Prize Symbol will never match a winning Prize Symbol.
D. GAME 1 (Ticket Front) - Key Number Match: A Ticket may have up to three (3) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.
E. GAME 1 (Ticket Front) - Key Number Match: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
F. GAME 1 (Ticket Front) - Key Number Match: No matching WINNING NUMBERS Play Symbols on a Ticket.
G. GAME 1 (Ticket Front) - Key Number Match: The "5X" (WINX5) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.
H. GAME 1 (Ticket Front) - Key Number Match: The "10X" (WINX10) Play Symbol will only appear on intended winning Tickets, as dictated by the prize structure.
I. GAME 1 (Ticket Front) - Key Number Match: No prize amount in a non-winning spot will correspond with the YOUR NUMBERS Play Symbol (i.e., 20 and $20).
J. GAME 2 (Ticket Back) - Key Number Match: A non-winning Prize Symbol will never match a winning Prize Symbol.
K. GAME 2 (Ticket Back) - Key Number Match: A Ticket may have up to two (2) matching non-winning Prize Symbols, unless restricted by other parameters, play action or prize structure.
L. GAME 2 (Ticket Back) - Key Number Match: No matching non-winning YOUR NUMBERS Play Symbols on a Ticket.
M. GAME 2 (Ticket Back) - Key Number Match: No matching WINNING NUMBERS Play Symbols on a Ticket.
N. GAME 2 (Ticket Back) - Key Number Match: No win(s) will appear in GAME 2 on the Ticket back, unless there is at least one (1) win in GAME 1 on the Ticket front.
2.3 Procedure for Claiming Prizes.
A. To claim a "CA$H PLU$" Scratch Ticket Game prize of $5.00, $10.00, $20.00, $50.00, $100, $200 or $500, a claimant shall sign the back of the Scratch Ticket in the space designated on the Scratch Ticket and may 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, $200 or $500 Scratch Ticket Game. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "CA$H PLU$" Scratch Ticket Game prize of $1,000, $5,000 or $100,000, the claimant must sign the winning Scratch Ticket and may 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 $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "CA$H PLU$" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. 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;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount 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 $600 from the "CA$H PLU$" 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 $600 or more from the "CA$H PLU$" 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 Prizes. There will be approximately 7,080,000 Scratch Tickets in Scratch Ticket Game No. 2454. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2454 - 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. 2454 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 Scratch Ticket 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. 2454, 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-202204125
Bob Biard
General Counsel
Texas Lottery Commission
Filed: October 18, 2022
1.0 Name and Style of Scratch Ticket Game.
A. The name of Scratch Ticket Game No. 2491 is "RUBY MINE 9X". The play style is "slots - multiple lines".
1.1 Price of Scratch Ticket Game.
A. The price for Scratch Ticket Game No. 2491 shall be $5.00 per Scratch Ticket.
1.2 Definitions in Scratch Ticket Game No. 2491.
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: BANK SYMBOL, BAR SYMBOL, BELL SYMBOL, BILL SYMBOL, CHERRY SYMBOL, CHEST SYMBOL, CHIP SYMBOL, CLOVER SYMBOL, COINS SYMBOL, CROWN SYMBOL, FIREWORKS SYMBOL, FLAG SYMBOL, HEART SYMBOL, JOKER SYMBOL, KEY SYMBOL, LEMON SYMBOL, MELON SYMBOL, MONEY BAG SYMBOL, MOON SYMBOL, NECKLACE SYMBOL, POT OF GOLD SYMBOL, RAINBOW SYMBOL, RING SYMBOL, SEVEN SYMBOL, HORSESHOE SYMBOL, DICE SYMBOL, SPADE SYMBOL, STAR SYMBOL, SUN SYMBOL, VAULT SYMBOL, WISHBONE SYMBOL, RUBY SYMBOL, $5.00, $10.00, $20.00, $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. 2491 - 1.2D (.pdf)
E. Serial Number - A unique thirteen (13) 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 twenty-four (24) character interleaved two (2) of five (5) Bar Code which will include a four (4) digit game ID, the seven (7) digit Pack number, the three (3) digit Ticket number and the ten (10) digit Validation Number. The Bar Code appears on the back of the Scratch Ticket.
G. Game-Pack-Ticket Number - A fourteen (14) digit number consisting of the four (4) digit game number (2491), a seven (7) digit Pack number, and a three (3) digit Ticket number. Ticket numbers start with 001 and end with 075 within each Pack. The format will be: 2491-0000001-001.
H. Pack - A Pack of the "RUBY MINE 9X" 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 "RUBY MINE 9X" Scratch Ticket Game No. 2491.
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, Scratch Ticket Game Rules, these Game Procedures, and the requirements set out on the back of each Scratch Ticket. A prize winner in the "RUBY MINE 9X" Scratch Ticket Game is determined once the latex on the Scratch Ticket is scratched off to expose seventy-two (72) Play Symbols. If a player reveals 3 matching Play Symbols in the same GAME, the player wins the PRIZE for that GAME. If the player reveals 2 matching Play Symbols and a "RUBY" Play Symbol in the same GAME, the player wins TRIPLE the PRIZE for that GAME. If the player reveals 2 "RUBY" Play Symbols in the same GAME, the player wins 6 TIMES the PRIZE for that GAME. If the player reveals 3 "RUBY" Play Symbols in the same GAME, the player wins 9 TIMES the PRIZE for that GAME. 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 seventy-two (72) 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 and Game-Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the 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 and Game-Pack-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 seventy-two (72) Play Symbols under the Latex Overprint on the front portion of the Scratch Ticket, exactly one Serial Number and exactly one Game-Pack-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 seventy-two (72) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the seventy-two (72) 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 Game-Pack-Ticket Number must be printed in the Game-Pack-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 eighteen (18) times in accordance with the approved prize structure.
B. Consecutive Non-Winning Tickets within a Pack will not have matching patterns, in the same order, of either Play Symbols or Prize Symbols.
C. The top Prize Symbol will appear on every Ticket unless restricted by other parameters, play action or prize structure.
D. There will be no matching non-winning GAMEs on a Ticket. GAMEs are considered matching if they have the same Play Symbols in the same spots.
E. No three (3) or more matching non-winning Play Symbols will appear in adjacent positions diagonally or in a column.
F. The "RUBY" (RUBY) Play Symbol will only appear on winning Tickets and will appear on winning GAMEs as dictated by the prize structure.
G. No more than two (2) matching non-winning Play Symbols will appear in one (1) GAME.
H. Non-winning Prize Symbols will never appear more than three (3) times.
I. Non-winning Prize Symbols will never be the same as the winning Prize Symbol(s).
2.3 Procedure for Claiming Prizes.
A. To claim a "RUBY MINE 9X" 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 may 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 "RUBY MINE 9X" Scratch Ticket Game prize of $1,000 or $100,000, the claimant must sign the winning Scratch Ticket and may 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 "RUBY MINE 9X" Scratch Ticket Game prize the claimant may submit the signed winning Scratch Ticket and a thoroughly completed claim form via mail. If a prize value is $1,000,000 or more, the claimant must also provide proof of Social Security number or Tax Payer Identification (for U.S. Citizens or Resident Aliens). Mail all 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 the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be:
1. 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;
2. in default on a loan made under Chapter 52, Education Code;
3. in default on a loan guaranteed under Chapter 57, Education Code; or
4. delinquent in child support payments in the amount 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 "RUBY MINE 9X" 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 "RUBY MINE 9X" 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 Prizes. There will be approximately 7,200,000 Scratch Tickets in Scratch Ticket Game No. 2491. The approximate number and value of prizes in the game are as follows:
Figure 2: GAME NO. 2491 - 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. 2491 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 Scratch Ticket 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. 2491, 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-202204126
Bob Biard
General Counsel
Texas Lottery Commission
Filed: October 18, 2022
The North Central Texas Council of Governments (NCTCOG) is requesting written qualifications from individuals interested in instructing the NCTCOG Traffic Incident Management Training Program (First Responder and Manager's Course and Executive Level Course). The purpose of this training course is to initiate a common, coordinated response to traffic incidents that will build partnerships, enhance safety for emergency personnel, reduce upstream traffic crashes, improve the efficiency of the transportation system, and improve air quality in the Dallas-Fort Worth region.
Qualifications must be received no later than 5:00 p.m., Central Time, on Friday, November 18, 2022, to Camille Fountain, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 and electronic submissions to TransRFPs@nctcog.org. The Request for Qualifications will be available at www.nctcog.org/rfp by the close of business on Friday, October 28, 2022.
NCTCOG encourages participation by disadvantaged business enterprises and does not discriminate on the basis of age, race, color, religion, sex, national origin, or disability.
TRD-202204149
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: October 19, 2022
Notice of Application for Recovery of Universal Service Funding
Notice is given to the public of an application filed with the Public Utility Commission of Texas (Commission) on October 7, 2022, for recovery of universal service funding under Public Utility Regulatory Act (PURA) §56.025 and 16 Texas Administrative Code (TAC) §26.406.
Docket Style and Number: Application of Brazoria Telephone Company to Recover Funds from the Texas Universal Service Fund (TUSF) under PURA §56.025 and 16 TAC §26.406 for Calendar Year 2019, Docket Number 54191.
The Application: Brazoria Telephone Company seeks recovery of funds from the TUSF due to Federal Communications Commission actions resulting in a reduction in the Federal Universal Service Fund (FUSF) revenues available to Brazoria Telephone Company for 2019. Brazoria Telephone Company requests that the Commission allow recovery of funds from the TUSF in the amount of $547,033.25 for 2019 to replace the projected reduction in FUSF revenue.
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 54191.
TRD-202204090
Andrea Gonzalez
Rules Coordinator
Public Utility Commission of Texas
Filed: October 13, 2022
Preliminary Approval of Texas Rules of Civil Procedure 21d and 500.10 and of Amendments to Texas Rules of Civil Procedure 21, 500.2, 501.4, and 505.1 and Texas Rule of Judicial Administration 7 (.pdf)
TRD-202204121
Jaclyn Daumerie
Rules Attorney
Supreme Court of Texas
Filed: October 17, 2022