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TCEQ grants limited hearing requests on MI Homes' Kinkade Road wastewater permit
Summary
Commissioners granted one nearby landowner's hearing request and referred multiple issues for MI Homes of Houston LLC's proposed Kinkade Road wastewater treatment facility (TPDES permit WQ0016629001), setting a 180-day hearing limit and recommending concurrent ADR.
The commission considered MI Homes of Houston LLC's application for a TPDES permit to construct a wastewater treatment facility to serve a proposed residential subdivision in Montgomery County and granted a contested-case hearing for a nearby riparian landowner.
Laura McCarthy (S11) read a July 1 letter from state Representative Will Metcalfe on behalf of constituents Joe and Gentry Cartwright, outlining site-specific concerns including receiving-water conditions, downstream impacts on livestock and agricultural operations, potential inaccuracies in the application, and whether regional wastewater alternatives were adequately considered.
Chairwoman Popp and staff described a two-step analysis used for TPDES permit hearing requests and concluded that Paul Coombs demonstrated affected-person status and that his hearing request should be granted. Commissioners denied the remaining requests, referred multiple issues (public-notice compliance, adequacy of application information, water-quality protection, regionalization, and siting compliance) to SOAH for contested-case hearing, set a 180-day maximum hearing duration, and recommended concurrent alternative-dispute-resolution referral. The motion passed by voice vote.
