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TCEQ refers three permit and district petitions to SOAH for contested-case hearings and ADR
Summary
The Texas Commission on Environmental Quality on June 18 referred three separate permit and district matters to SOAH and concurrently to the agency's ADR program after finding hearing requesters met the statutory criteria to be affected persons.
At its June 18 meeting the Texas Commission on Environmental Quality granted hearing requests and referred multiple applications to the State Office of Administrative Hearings (SOAH) for contested-case proceedings and concurrently to the TCEQ alternative dispute resolution (ADR) program.
Coupland Utilities LLC and Landcrowd Developers LLC (application WQ0016446001) — The commission found Jonah Water Special Utility District and Julie Van Zandt met the requirements to be considered affected persons and granted their hearing requests. The commission identified several issues for SOAH referral, including whether the draft permit is protective of water quality and nearby drinking-water sources, whether the application is accurate and complete, monitoring and reporting requirements, nuisance odor, applicant compliance history, TCEQ regionalization policy (including Texas Water Code section 26.0282) and characterization of the proposed discharge route. The commission set a 180-day hearing duration.
Bisonette 136 LLC petition for Harris County Municipal Utility District No. 584 — Harris County timely requested a hearing and the commission found the county demonstrated statutory authority or interest relevant to the application, including concern about runoff and the county's MS4 stormwater co-permittee responsibilities and potential impacts from development located on or near closed landfills. The matter was referred to SOAH for a contested-case hearing and to the commission's ADR program to run concurrently with SOAH scheduling.
Rainbows End Park Incorporated (application WQ0016513001) — The commission granted the hearing request of Larry Redden, who raised concerns about health, property, wildlife and impacts to surface and groundwater, including nearby drinking wells. The commission referred two issues to SOAH (health/property/wildlife impacts and surface/groundwater quality impacts), set a 180-day hearing duration and directed a concurrent referral to the ADR program.
In each instance the commission found the petitioners or hearing requesters had shown a personal interest or potential direct effect beyond that of the general public and specified the issues appropriate for adjudication at SOAH.
