The Texas Commission on Environmental Quality voted Nov. 5 to adopt the State Office of Administrative Hearings' (SOAH) administrative law judge's proposal for decision and issue a TPDES permit authorizing a final-phase discharge not to exceed a daily average of 405,000 gallons per day in Ellis County.

Protestants represented by Stephanie Albright argued the permit would not be protective of Texas surface-water quality and cited modeling concerns involving nitrate and sulfate. Albright said the applicant's proposed treatment would not reduce sulfate, and that groundwater used as the development's water source has higher sulfate concentrations that could pass through treatment and enter the receiving stream and downstream Lake Bardwell, a drinking-water source.

The executive director's team (represented by Fernando Solaso Martinez and staff aquatic scientists) and the ALJ reviewed anti-degradation analysis, aquatic-life use assessments and parameter screenings for dissolved oxygen, total dissolved solids, chloride, sulfate and nutrients. The ED concluded the draft permit complies with applicable federal and state requirements and that the modeling and limitations in the draft permit are protective of aquatic life and human health.

OPIC's independent review also supported the ALJ's conclusion that the applicant met the burden of proof under the administrative-record standard specified by Senate Bill 709. OPEC noted the applicant demonstrated need and that regional alternatives were cost-prohibitive in the record.

After discussion, the commission adopted the ALJ's proposed order as revised in the ALJ's acceptance letter and issued the draft TPDES permit as recommended by the executive director. The commissioners voted to approve the permit and adopt the ED's response to comments.