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Hello Steve,
Environmental Stewardship has filed a reply to the TCEQ Interim Executive Director, Kelly Keel's Decision Letter and her Response to Public Comments (RTC) on the Corix/McKinney Roughs Wastewater Permit application: PERMIT NO. WQ0013977001. Ms. Keel made the decision that the permit application meets the requirements of applicable laws and, as such, no changes have been made to the permit as originally drafted.
Environmental Stewardship's review of the decision letter and response to public comments documented many shortcomings in the Executive Director's (ED) responses -- most notably not answering the questions raised by skirting the issues. As a result, our key issues have not been resolved.
WE SEEK ANSWERS TO THESE QUESTIONS:
DOES THE ECOLOGICAL HEALTH OF SEGMENT 1428 OF THE
COLORADO RIVER MEET THE EXCEPTIONAL AQUATIC LIFE USE STANDARD?
IS THE SEGMENT ABLE TO ASSIMILATE THE WASTEWATER TO BE
DISPOSOSED OF INTO THE RIVER?
Since the key issues raised were not resolved through our participation in the public review process, Environmental Stewardship has requested a Contested Case Hearing on the Corix/McKinney Roughs Wastewater Permit Application and Reconsideration of the permit application based on our reply to the Executive Director.
What's Next?
Per the Executive Director's Decision Letter: "This decision does not authorize construction or operation of any proposed facilities. This decision will be considered by the Commissioners at a regularly scheduled public meeting before any action is taken on this application unless all requests for contested case hearing or reconsideration have been withdrawn before that meeting", in which case a public meeting will not be held before final issuance of the permit.
Since Environmental Stewardship has requested a contested case hearing, we will be allowed the opportunity to formally brief the Commission on our concerns, and will not withdraw our requests unless our concerns are fully resolved.
Though TCEQ rules will not allow oral arguments to the Commission, we will have opportunities at other commission meetings to make our case through public comments and other ways of messaging. This will give Environmental Stewardship and its Members the opportunity to appear personally before the TCEQ Commissioner’s at a regular scheduled public meeting prior to the meeting where our requests will be considered. This will likely occur sometime in October or later.
So our next step is to prepare and submit the formal brief laying out the our case. This is an important step because it will bring our concerns squarely before the Commissioners. Once we have filed this brief, and a review meeting is set, we can develop an action plan regarding public response.
A brief explanation of the legal actions that we have set in play:
The TCEQ has been delegated the authority by EPA to regulate wastewater permits, water quality standards, and other rules and regulations established under the Federal Clean Water Act.
A group of 21 Texas non-profit organizations have petitioned EPA Region 6 to investigate whether the TCEQ has failed to uphold its obligations on behalf of the State of Texas, and whether the delegated authority should be rescinded.
Under its delegated authority, TCEQ has the obligation to comply with the federal regulations regarding judicial review, which in Texas involves the granting of a contested case hearing to affected persons. Ken Paxton, as attorney general, previously told EPA that TCEQ would find any person affected who met the federal requirements for judicial standing.
This case squarely calls upon the TCEQ to grant Environmental Stewardship's hearing request in accordance with that promise. If a hearing is granted, Environmental Stewardship will have established important precedent, and will gain the opportunity to raise our substantive concerns through the hearing process.
If Environmental Stewardship's hearing request is denied, then Environmental Stewardship will pursue all available avenues, including a judicial appeal, in order to have that mistake corrected.
In either case, Environmental Stewardship will be
bearing significant costs to pursue this matter.
We look forward to your ongoing donations
to support this effort.
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