The fight against the construction of a wastewater plant that would dump millions of gallons of treated wastewater into Helotes Creek will head to a state-level administrative hearing, Texas environmental regulators ruled Wednesday.
The Texas Commission on Environmental Quality voted Wednesday to grant a contested case hearing to the San Antonio Metropolitan Health District, the Greater Edwards Aquifer Alliance (GEAA) and landowner Ann Toepperwein in opposition of a wastewater permit for a plant that would serve a 2,900-home development on 1,160 acres northwest of San Antonio in an area known as Guajolote Ranch. The plant would dump an average of 1 million gallons per day — and as much as 4 million gallons daily — of treated effluent into Helotes Creek.
Because Helotes Creek runs over the Edwards Aquifer contributing zone, opponents say they worry about the quality of the water treatment, and whether it — along with increased stormwater runoff from the development itself — could negatively impact the aquifer’s water quality. The Edwards Aquifer supplies water to over 2 million people in Central Texas, including in San Antonio.
The fight against the permit will now head to the State Office of Administrative Hearings (SOAH), which has up to six months to set a hearing that ultimately will decide the fate of the permit, which was green-lit by the TCEQ’s new Executive Director Kelly Keel earlier this year.
SOAH is an independent state agency that manages hearings in contested cases, employing administrative law judges.
The TCEQ’s three commissioners also denied naming the San Antonio Water System and the cities of Helotes and Grey Forest as affected parties on Wednesday, stating they either didn’t meet the criteria to be named an affected party or didn’t have unique enough concerns to be considered outside the safety of the general public.
More than 30 opponents made the trip to Austin for Wednesday’s TCEQ meeting, holding signs like, “It’s Best to Contest,” “Don’t Neglect to Protect” and “Don’t Make a Mess of Texas.”
In all, about 80 parties filed to be named as an affected party. In their applications, residents highlighted concerns that toxins entering the aquifer, like harmful “forever chemicals” would threaten the health, safety and welfare of those living in and around San Antonio.
“Getting to a contested-case hearing is a victory unto itself. It’s a great day,” said Randy Neumann, of the Scenic Loop Helotes Creek Alliance.
SOAH’s administrative law judges will be responsible for ruling on several issues raised by the city, GEAA and Toepperwein including: impacts to wildlife and endangered species, compliance with odor control and abatement requirements, compliance with applicable siting requirements, adequate identification of the proposed wastewater facility’s operator, and compliance with the state’s regionalization policy.
SOAH’s process is similar to a civil trial, allowing the presentation of evidence and questioning of witnesses or experts to judges. These judges then make findings of fact and conclusions of law based on the evidence presented. The length of the hearing depends on the complexity of the case, and can range from a day to a week or more.
A date for the hearing has yet to be set.