Sign up for TPR Today, Texas Public Radio's newsletter that brings our top stories to your inbox each morning.
Opponents of a proposed water treatment plant in northwest Bexar County are vowing to continue to fight after the Texas Commission on Environmental Quality approved a permit on Wednesday morning.
Commissioners heard from both sides, including State Representative Mark Dorazio, who spoke against approval.
Randy Neumann is chair of the steering committee of the Scenic Loop-Helotes Creek Alliance. They oppose the project.
“We were disappointed, but we weren't surprised. The TCEQ has a record of approving these things, irrespective of whether they're good for the environment or not, and that's just exactly what happened today," he told TPR after the hearing.
Neumann says attorneys for his group will file an appeal with TCEQ for a rehearing, although, he said, these requests are typically ignored by TCEQ. They then plan to file an appeal with the District Court.
“We're going to pursue a three-pronged attack. We'll continue with the legal aspect. We'll file a motion for rehearing and then go to appeal following that, the other thing that we will do is pursue with lobbyists through the legislature, the sun- setting of the TCEQ, or at least a major revision of their rules," said Neumann. "And thirdly, and probably the most important, is we're going to pursue conservancy. Today was a bump in the road, but the real goal is to conserve the Guajolote Ranch and conserve the remainder of our watershed.”
The request for a rehearing would trigger a new process that potentially could push a final verdict another 55 days past the date of official notice of today’s decision. If that decision holds, then the opponents have another 30 days after that to appeal in district court in Travis County.
Bexar County commissioners, San Antonio City Council and the state still could potentially scuttle the project by rejecting a Public Improvement District (PID) for the development, which Lennar would use to pay for the wastewater plant and other infrastructure.
Bexar County Judge Peter Sakai issued a statement on Wednesday following the TCEQ's action:
“The state commission charged with protecting our environment just granted a permit allowing the discharge of up to 1 million gallons of treated wastewater per day in Helotes Creek. That decision fails to protect the fragile Edwards Aquifer," said Sakai.
He went on to say that this outcome will not "protect the water quality and health of local neighbors and families" and that the "decision ignores the unanimous voices of San Antonio leaders and community health experts."
“I oppose the state’s action and will work shoulder to shoulder with local residents to protect our aquifer and the health and safety of our families," he went on to say in his statement. “Today was a setback, but this fight is not over.”
Lennar did not immediately respond to a request for a comment.
Neumann said the fight is far from over.
“This is a lesson that may be lost on Lennar. Today was an ignominious day for us, our Alamo, if you will. But for real Texans, we know that San Jacinto is just around the corner.”
