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TCEQ denies HK Real Estate permit, finds proposed discharge route inadequately characterized
Summary
The Texas Commission on Environmental Quality on May 1, 2025 adopted an ALJ supplemental proposal for decision and denied HK Real Estate Development LLC’s TPDES permit application after finding the applicant failed to adequately characterize a discharge route and the record lacks a surface-water connection to the San Antonio River.
The Texas Commission on Environmental Quality voted unanimously on May 1, 2025 to adopt the administrative law judge’s supplemental proposal for decision and deny the application by HK Real Estate Development LLC for a Texas Pollutant Discharge Elimination System (TPDES) permit (WQ00161501).
The commission concluded the application’s described discharge route was not adequately characterized and that evidence in the record supported the ALJ’s finding that Sandpit (Sandpitt/Sandpia in record spelling variants) Creek terminates in an impoundment rather than having a surface connection to the San Antonio River, undermining the technical review supporting the draft permit.
The decision resolved three remanded issues, with the ALJ, the Executive Director’s Office and the TCEQ Public Interest Counsel (OPIC) all recommending denial. Applicant counsel Helen Gilbert argued the executive director and the ALJs had “got it wrong in this case,” urging the commission to accept modeling the…
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