On July 13, 2017 Electro Purification submitted a Production Permit Application for 912.5 million gallons a year (2.5 MGD) to be produced from the Middle Trinity Aquifer for the purposes of Wholesale Public Water Supply. This application is currently under review of an Administrative Law Judge (ALJ) within the State Office of Administrative Hearings (SOAH).
Click here for latest activity on this permit matter.
|10/1/16-2/28/17||Aquifer testing and data collection occurred from the period of October 2016 through
February 2017. Previous information pertaining to the Electro Purification Test Well Application.
|7/13/17||Electro Purification Submits 1) Production Permit Application (Contracts) 2) Hydrogeologic Report 3) Seven Well Modification Applications|
|10/11/17||Disitrict requests additional information from applicant:|
|11/16/17||Applicant submits information in response to 10/11/17 RFI:|
|12/14/17||Applicant submits revised additional information in response to 10/11/17 RFI:|
|10/10/17 – 2/19/18||District completes a series of evaluations of the applicant’s submitted hydrogeological report. These evaluations are compiled in the following three technical memos.
|2/20/18||District provides EP with notice of the General Manager’s Preliminary Finding|
|3/21/2018||Applicant submits proposed Compliance Monitoring Plans to District:|
|3/30/2018||District requests additional information from applicant on proposed compliance plans:|
|4/13/18||Applicant submits revised additional information in response to 3/30/18 RFI: *Note* per the District’s application requirements , the applicant has submitted these proposed plans for staff consideration. However, this plan does not reflect the District’s final review and recommendations.|
|4/16/18||INTERA Inc (3rd party geoscience/engineering consulting firm) on behalf of BSEACD, completes a technical memorandum summary that evaluates the potential effects of the proposed EP pumping on water levels.
INTERA Inc (3rd party geoscience/engineering consulting firm) on behalf of BSEACD/GMA 10, completes a Draft technical memorandum summary that documents the evaluation of potential of hydrogeologic impacts to the Trinity Aquifer.
|5/21/18||The staff review of EP’s permit application package including additional submitted plans like the Compliance Monitoring Plan, Impact Avoidance Plan and Mitigation Plan, is administratively complete. The General Manager’s Statement of Position is a final staff review and permit recommendation that includes proposed special permit provisions. This document IS NOT a Board approved permit decision.|
|6/3/18||Electro Purification published public notice in the San Marcos Record on June 3, 2018.
Public comment period runs from 6/4/18 – 6/25/18. Comments or requests for a contested case hearing must be submitted to the District in writing by email, mail or hand delivery to 1124 Regal Row, Austin, Texas 78748; facsimile (512) 282-7016; or, e-mail email@example.com .
|6/18/18||A public information meeting to review the permitting process, permit details and conditions was held on Monday, June 18 from 6-8pm at the Wimberley Community Center.
Information Session on Draft Permit for Electro Purification
|7/12/18||During the 20-day comment period, the District received 12 requests for a contested case hearing and 312 comment letters on the Electro Purification permit application. Per the provisions of the Water Code, the applicant has the right to request that BSEACD refer all of the contested cases to SOAH, and EP has made this request. At its July 12 meeting, the Board of Directors unanimously approved the following procedural matters relating to this permit application. The Board’s motions:
The District expects the preliminary hearing to be held before the end of September 2018, which at that time the SOAH judge will determine the “parties” and a schedule for the hearing on the merits of the contested case.
|9/17/18||Preliminary Hearing : Docket Number 957-18-4985.
10:00 am – September 17, 2018
300 W. 15th Street
This application is currently under review of an Administrative Law Judge (ALJ) within the State Office of Administrative Hearings (SOAH). SOAH Docket #: 957-18-4985. Official Notice Here. At this Preliminary Hearing (9/17/18) the SOAH ALJ will determine which parties have standing, and will also set a procedural schedule (discovery, depositions, hearing) .
A hearing on the merits of the application will likely not take place until the Spring of 2019. An ALJ serves as an independent, fact finding, administrative expert. At the end of the preceding the ALJ will issue a proposal for decision (PFD) to the BSEACD Board, and the Board will make the final decision on EP’s application. The BSEACD board can rule differently from the ALJ’s recommendation if they find that the ALJ incorrectly interpreted a law or did not take into account certain evidence. The Board will also consider all of the comments submitted by the public.
|3/4/19||The parties, including the protestants, the District and the applicant, met in Austin for a SOAH ordered mediation. The parties were unable to reach agreement on any issues pertaining to the draft permit. The hearing is scheduled for September 19-27th.|