TCEQ overturns executive director’s issuance of Travis County TLAP for procedural errors
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Summary
TCEQ voted to overturn the Executive Director’s prior issuance of a Travis County Texas land-application permit after staff and OPIC identified a missed public-participation step and other procedural errors; the matter was remanded to the Executive Director for reprocessing.
The Texas Commission on Environmental Quality voted to overturn the Executive Director’s prior issuance of a Travis County land-application permit and remanded the matter so the Executive Director can reprocess the application in accordance with TCEQ rules.
Michael Parr of the Water Quality Division told commissioners the Executive Director’s approval of the Travis County Water Control and Improvement District No. 17 application for a Texas land-application permit was not processed in accordance with the Texas Administrative Procedures Act because a required public-participation step had been omitted and the decision relied on inaccurate information. He recommended overturning the approval so the ED could continue processing the application under applicable rules.
OPIC (Garrett Arthur) agreed that a motion to overturn was needed because a timely comment from the City of Austin had been deemed untimely and no response to comments was filed. The commission voted to overturn the ED’s issuance and remand the matter to the Executive Director for further processing consistent with TCEQ rules.
The motion passed; the transcript shows the motion to overturn and remand was adopted, and commissioners thanked the executive director’s office for correcting the procedural mistake.
