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TCEQ grants contested-case hearing for neighbors over Cielo Gardens wastewater permit
Summary
The commission granted a contested-case hearing to neighbors who live near the proposed Cielo Gardens wastewater discharge, referred water-quality and wildlife protection issues to SOAH and requested concurrent alternative dispute resolution, setting a 180-day hearing timeline.
The Texas Commission on Environmental Quality on Feb. 13 granted hearing status to Jane and Roy Bissent (as recorded in the hearing documents) regarding a new TPDES permit application by Cielo Gardens LP for a discharge with an average final-phase flow of 900,000 gallons per day and referred the matter to the State Office of Administrative Hearings.
TCEQ staff and commissioners found the Bissents live about a half-mile from the discharge point and that the proposed discharge route flows through their property; based on proximity, proposed discharge volume and the issues raised, the commission found they may be personally affected in a manner not common to the general public. The commission referred the narrow issue of whether the draft permit is protective of water quality, livestock, vegetation and wildlife in accordance with applicable regulations, including the Texas Surface Water Quality Standards, to SOAH for a contested-case hearing.
The commission also referred the matter to the agency’s alternative dispute resolution program to run concurrently with SOAH scheduling and set a maximum hearing duration of 180 days from the preliminary hearing to issuance of a proposal for decision. Commissioners denied any other hearing requests in the matter and denied requests for reconsideration. The motion passed on an affirmative vote.
The commission recorded that the applicant and parties who signed in were noted for the record; no oral argument was taken at the commission meeting.
