BEXAR COUNTY, Texas – State administrative law judges recommended that the Texas Commission on Environmental Quality (TCEQ) approve a wastewater permit for the controversial Guajolote Ranch development by Florida-based Lennar Corp. in northwest Bexar County. However, the decision is not final and could lead to further legal battles.
The matter will now be reviewed by the TCEQ commission, a process that may extend into August, according to a news release from the Scenic Loop-Helotes Creek Alliance. If necessary, a district court battle could follow.
The proposed development would include 2,900 homes on approximately 1,100 acres west of Scenic Loop and Babcock roads.
It is projected to release an average of 1 million gallons per day of treated sewage into the Helotes Creek watershed, which recharges up to 15% of the Edwards Aquifer, the release states.
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The judges made their recommendation following a contested-case hearing held in February, initiated by the Greater Edwards Aquifer Alliance, the city of Grey Forest and landowner Ann Toepperwein. They challenged the permit for Municipal Operations LLC, Lennar’s proposed wastewater operator.
The 133-page “proposal for decision” supports a determination by the TCEQ executive director to approve the permit, contradicting the TCEQ independent counsel’s conclusion that it would not adequately protect water quality, including surface water, groundwater, drinking water wells, and wildlife, including endangered species.
>> TCEQ counsel recommends denying wastewater permit for Guajolote Ranch development
“While disappointing, it is only a recommendation and not entirely unexpected,” said Randy Neumann, chair of the steering committee for Scenic Loop-Helotes Creek Alliance. “From the outset, we recognized that the process disproportionately favors the permit applicants.”
Next steps in the approval process
Parties involved have until June 9 to file exceptions to the proposal from the administrative law judges. They have until June 18 to reply to the exceptions.
The commissioners will review the proposal, exceptions and replies before making a decision.
The administrative law judges may take several weeks to consider the exceptions before informing the commissioners of their position. The matter will then be ready for the commissioners to consider at an open meeting where oral arguments will be accepted. Depending on the timeline, a final decision may not come until August.
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