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TCEQ meeting: multiple permit actions, rule adoptions and a MUD approved
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Summary
At its Jan. 28 meeting the Texas Commission on Environmental Quality denied contested‑case requests on a petition to create Kelly Farms MUD and approved the petition with road powers; issued and renewed multiple wastewater permits; adopted several rule packages and enforcement orders. Key votes and next steps are listed below.
The Texas Commission on Environmental Quality on Jan. 28 denied contested‑case hearing requests on a petition to create the Kelly Farms Municipal Utility District of Johnson County and approved the petition, including a request for additional road powers, appointing five temporary directors to serve until elected.
The commission also took final actions on a series of permit and rule matters: it granted Preserve Hutto LLC’s TPDES permit WQ00161401 after discussion and a short recess to reconcile competing orders; it denied hearing requests and issued the renewal of the City of Liberty Hill’s TPDES permit WQ0015000001; and it referred Nova 368 LLC’s land‑application permit to the State Office of Administrative Hearings (SOAH) for contested‑case proceedings on five specific issues. The commission approved publication of proposed amendments to 30 TAC Chapter 293 (water districts) and adopted revisions to 30 TAC Chapters 17 and 18 (tax relief for property used for environmental protection) as well as adopted amendments to Chapters 39 and 55 related to public participation and contested‑case procedures.
On enforcement, the commission adopted items 5 through 31, representing assessed administrative penalties totaling $742,933 (with $103,029 deferred; $202,593 toward supplemental environmental projects; $408,751 to general revenue). The monthly enforcement report for FY2026 through November was presented; no action was required.
Votes at a glance
- Kelly Farms MUD (creation with road powers; temporary directors appointed): Motion to deny hearing requests, grant petition, approve road powers, and appoint temporary directors was moved by the commissioner identified on the record as S11, seconded by S2, and passed by voice vote (see provenance below).
- Preserve Hutto LLC (TPDES permit WQ00161401): Commissioner Tanya Miller moved to grant the application as recommended by the Executive Director with modifications circulated on the dais; motion was seconded and passed by voice vote.
- City of Liberty Hill (TPDES renewal WQ0015000001): Motion to find no right to hearing, deny hearing requests, deny requests for reconsideration, and issue renewal permit was moved by S11, seconded and passed by voice vote.
- Nova 368 LLC (land‑application permit WQ0016480001): Motion to grant certain hearing requests, deny others, refer to SOAH on enumerated issues and run ADR concurrently (max 180 days) was moved by S2, seconded and passed by voice vote.
- 30 TAC Chapter 293 publication: Motion to approve publication and hearing moved by S2; passed by voice vote.
- 30 TAC Chapters 17 & 18 adoption: Motion moved by S11; passed by voice vote.
- 30 TAC Chapters 39 & 55 adoption (public participation/SIP revisions): Motion moved by S2; passed by voice vote after a public comment from Public Citizen and OPIC remarks.
- Enforcement items 5–31: Motion to adopt items moved by S2; passed by voice vote.
What comes next
Several matters were referred to SOAH (Nova 368 and Kelly Farms hearing requests were handled per the record) or will proceed under established implementation steps (publication and public comment on the Chapter 293 proposal; adopted rule packages will be posted per Texas Register requirements). For each formal action above, staff will carry out permit issuance, appointments, and publication consistent with commission direction.
Provenance: topicintro SEG 447; topfinish SEG 506 (Kelly Farms); topicintro SEG 1326; topfinish SEG 1362 (Preserve Hutto); topicintro SEG 1368; topfinish SEG 1426 (Liberty Hill); topicintro SEG 1428; topfinish SEG 1490 (Nova 368); topicintro SEG 512; topfinish SEG 641 (Chapter 293); topicintro SEG 1641; topfinish SEG 1726 (Chapters 17/18); topicintro SEG 1730; topfinish SEG 1956 (Chapters 39/55); topicintro SEG 1550; topfinish SEG 1596 (Enforcement items).
