TCEQ grants nearby resident a contested hearing on Benton Road wastewater permit over odor concerns
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Summary
A contested-case hearing was granted for PHHOU Benton Road 200 LLC's draft TPDES permit after commissioners found Lily Wang an affected person and referred the nuisance-odor issue to SOAH with a 150-day maximum hearing duration.
The Texas Commission on Environmental Quality on Jan. 14 granted a timely hearing request from Lily Wang and referred PHHOU Benton Road 200 LLC's draft TPDES permit to the State Office of Administrative Hearings (SOAH) for a contested-case hearing focused on nuisance odors.
Chairwoman Brooke Popp described a two-step analysis for hearing requests: whether the requester is an affected person and whether the issue raised is within the commission's jurisdiction. Because Wang lives in close proximity and raised specific concerns about nuisance odors, the commission found she demonstrated affected-person status and that the odor question is within the agency's scope for a TPDES permit under 30 TAC §309.13(e).
Commissioners set a maximum hearing duration of 150 days from the preliminary hearing to issuance of a proposal for decision. The commission denied other hearing requests and directed staff to refer the matter to SOAH for resolution of the nuisance-odor issue.
The commission's referral means the odor issue will be litigated in a formal contested-case proceeding where evidence and testimony will be developed. No decision on permit issuance was made at this meeting; the contested-case process will determine whether the draft permit adequately protects against nuisance odors in accordance with agency rules.
