Texas Commission on Environmental Quality
THE STATE OF TEXAS
NOTICE OF APPLICATION AND PRELIMINARY DECISION FOR TPDES PERMIT FOR MUNICIPAL WASTEWATER RENEWAL
PERMIT NO. WQ0014801001
APPLICATION AND PRELIMINARY DECISION. Roger Allen Lund, 2155 West March Lane, Suite 2C, Stockton, California, 95207, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014801001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 13,500 gallons per day. TCEQ received this application on August 8, 2016.
The facility is located at 440 Private Road 6420, east of the City of Palestine, in Anderson County, Texas 75803. The treated effluent is discharged to a ditch; thence to an unnamed tributary; thence to Wolf Creek; thence to Town Creek; thence to the Trinity River Above Lake Livingston in Segment No. 0804 of the Trinity River Basin. The unclassified receiving water use is minimal aquatic life use for ditch and unnamed tributary. The designated uses for Segment No. 0804 are high aquatic life use and primary contact recreation. All determinations are preliminary and subject to additional review and/or revisions.
The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The draft permit, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at Anderson County Annex, 703 North Mallard Street, Suite 104, Palestine, Texas. This link to an electronic map of the site or facility’s general location is provided as a public courtesy and is not part of the application or notice. For the exact location, refer to the application.
http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.76747*Ing=-95.686948&zoom=13&type=r
CHANGE IN LAW: The Texas Legislature enacted Senate Bill 709, effective September 1, 2015, amending the requirements for comments and contested case hearings. This application is subject to those changes in law.
PUBLIC COMMENT / PUBLIC MEETING.: You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director’s decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.
TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant’s name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; a list of all disputed issues of fact that you submit during the comment period and, the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group’s representative for receiving future correspondence; identify by name and physical address an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group’s purpose.
Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission may only grant a request for a contested case hearing on issues the requestor submitted in their timely comments that were not subsequently withdrawn. If a hearing is granted, the subject of a hearing will be limited to disputed issues of fact or mixed questions of fact and law relating to relevant and material water quality concerns submitted during the comment period. TCEQ may act on an application to renew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, TX 78711 -3087 or electronically at
www.tceq.texas.gov/about/comments.html
within 30 days from the date of newspaper publication of this notice.
AGENCY CONTACTS AND INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Public Education Program, Toll Free, at
1-800-687-4040. Si desea informacion en Espanol, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at
www.TCEO.texas.gov.
Further information may also be obtained from Roger Allen Lund at the address stated above or by calling
Mr. Roger Allen, Roger Allen Lund, at
(209) 473-4200.
Issuance Date: January 5, 2017