The Texas Commission on Environmental Quality on June 6 referred an application by PC2 LLC for a new Type 1 municipal solid waste landfill (MSW permit 2406) in San Jacinto County to the State Office of Administrative Hearings (SOA) for a contested-case hearing on multiple technical and environmental issues.

In a two-step administrative determination required for landfill permit hearings, the Commission first assessed which hearing requesters qualified as "affected persons" and then whether the affected persons had raised relevant and material issues for adjudication. The Commission found that Houston San Jacinto Ranch LLC met the criteria for an affected person because it demonstrated proximity to the proposed landfill and described specific, personal impacts (groundwater, water quality, odors, vectors) on its property. The Commission granted that requester standing.

The Commission referred Sarah Linsky to SOA for an effectiveness determination because the record was unclear whether she still resides or owns property near the proposed landfill boundary. The remaining hearing requesters were denied standing; the Commission found many were located several miles from the site or did not identify personal impacts beyond general concerns.

On the issues to be adjudicated in a contested hearing, the Commission directed SOA to consider whether the application and draft permit contain sufficient control measures to protect groundwater, surface water and drinking water; whether the application data are substantially complete and accurate; whether the draft permit is protective of health for affected persons; whether threatened and endangered species are adequately protected; whether nuisance controls (odor) and vector control measures are adequate; and whether the landfill gas management plan meets applicable rules. The Commission set a hearing duration of 180 days from the preliminary hearing to issuance of the proposal for decision and concurrently referred the matter to TCEQ's Alternative Dispute Resolution program.

Commissioners also denied requests for reconsideration, finding no new, relevant, material information in the reconsideration requests that would change the Executive Director's decision at this time.

The referral and standing decisions were made by motion and passed by the Commission during the June 6 meeting. The SOA proceeding will determine the permit outcome after contested-case procedures and testimony.

The Commission's action preserves procedural rights for parties found to be affected while dismissing standing for parties the Commission determined had only general or geographic concerns. The transcript does not record final permit conditions or a final permit issuance date; those outcomes will depend on the SOA hearing record and any resulting ALJ recommendation.