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TCEQ issues permit WQ0016370001 for Kelly Ranch Estates after summary disposition; one protestant remained
Summary
After most protestants settled and one remaining protestant submitted no rebutting evidence, the commission adopted clerical corrections and issued a new TPDES permit (WQ0016370001) for Kelly Ranch Estates.
The Texas Commission on Environmental Quality on June 18 voted to issue a new TPDES permit (permit number corrected to WQ0016370001) to Kelly Ranch Estates LLC following an administrative law judge's grant of summary disposition.
Counsel for the applicant, Brian Moore, said there was nothing further to add and that the executive director and Office of Public Interest Counsel had helped resolve most issues by settlement. The executive director's representative, Cole Malley of the environmental law division, recommended issuing the permit and noted that all but one named party withdrew their protests. OPIC agreed that summary disposition was appropriate because the remaining protestant, Rusty King, filed no prefiled testimony or exhibits to rebut the administrative record.
OPIC's Josiah Mercer noted terms agreed in settlement with the contesting parties, including odor control, chlorination/dechlorination systems, a request to authorize reuse of some treated effluent for on-site irrigation and a requirement to respond to odor complaints and to request permit modification to include agreed conditions.
The chair stated the ALJ's administrative record established a prima facie case demonstrating the draft permit met statutory and technical requirements and that no party presented evidence to rebut it. The commission adopted three clerical changes to the ALJ's proposed order (correcting the permit number to WQ0016370001, adjusting a procedural date to 03/03/2025 and amending a statutory citation) and voted to issue the draft permit. The motion passed by voice vote; no roll-call tally appears in the transcript.
The ED requested and received permission to revise finding of fact number 1 to correct the permit number. OPIC recommended that the permit be issued with the settlement changes incorporated.
