We have received word that the two Administrative Law Judges (ALJs) who heard our Contested Case back in March have recommended that TCEQ issue the permit for the sewage treatment plant on Old Granbury Road. We consider this to be a setback, but it is important to remember that this is just another step in the process, and a permit for the sewage plant has NOT been granted. Our attorneys are responding to this ruling by ‘filing exceptions’. This basically means that they will argue points in the preliminary ruling that we believe contradict the evidence that was presented at the hearing. Exceptions will be filed by 11 July, and then a final ruling from the ALJs will follow a few weeks after. At that point, it will be sent to commissioners at TCEQ to render a decision on the permit. There are several months left in the process, so please continue to support this fight.
In response to a request from the Hood County News, our attorneys have issued the following statement:
Granbury Fresh and Dr. Calder will be filing exceptions. The ALJs in this matter failed to follow the plain and unambiguous language of the TCEQ’s rules regarding odor buffer zones, based upon unfounded testimony by witnesses for the City. Further, the ALJs did not adequately consider the potential degradation of water quality that was indicated by the City of Granbury’s own water quality modeling. The proposed discharge will create an unacceptable risk of excessive algal growth and elevated bacteria levels in the receiving waters. The errors made by the ALJs in the interpretation and application of the TCEQ rules are appropriate for the TCEQ Commissioners to correct when making a final decision on the permit application. Granbury Fresh and Victoria Calder will ask that the TCEQ Commissioners follow the Commission’s own rules and deny the permit.