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TCEQ grants Ben O Corp hearing in Plum Creek major amendment/renewal; refers water-quality and discharge-route issues to SOAH
Summary
Commissioners voted to grant a single remaining hearing request by Ben O Corp on a major amendment and renewal seeking increased discharge authorization for Plum Creek Caldwell LP, and referred the matter for contested-case hearing focused on water-quality and discharge-route characterization.
The Texas Commission on Environmental Quality on Oct. 22 granted a hearing request from Ben O Corp and referred issues to the State Office of Administrative Hearings in the application by Plum Creek Caldwell LP for a major amendment and renewal of permit WQ0015738001 that would increase authorized discharge to an average flow over 3 million gallons per day.
The commission found the remaining requester, Ben O Corp, owns a family farm immediately downstream from the proposed outfall and demonstrated a personal justiciable interest because the proposed discharge route would run through the property starting less than a half-mile from the outfall. Commissioners agreed Ben O Corp raised relevant, material concerns about water quality and how the discharge route was characterized in the application.
The commission referred to SOAH the questions whether the draft permit is protective of water quality (including aquatic life, livestock and existing uses) under the Texas surface water quality standards (30 TAC chapter 307) and whether the draft permit adequately identifies and properly characterizes the functioning of the discharge route. The commission also recommended referral to the TCEQ alternative dispute resolution program concurrent with the SOAH scheduling process and set a 180-day maximum hearing duration.
The motion to grant Ben O Corp's request and refer the enumerated issues carried by voice vote.
