Thursday, April 25, 2024

Granbury sewer plant case enters closing arguments

Posted

The case involving the city of Granbury’s proposed wastewater treatment plant in the eastern part of town is in the closing argument stage after three days of virtual testimony before the State Office of Administrative Hearings.

Closing arguments will be in written form.

SOAH administrative law judges Sarah Starnes and Pratibha Shenoy heard the case March 7-9. They will prepare a Proposal For Decision for commissioners with the Texas Commission on Environmental Quality to consider when deciding whether to issue a permit for the facility planned for 3121 Old Granbury Road.

The commissioners are not required to follow the administrative law judges’ recommendation.

The WWTP’s location is being opposed by nearby home and business owners.

City officials say that plans were drafted in accordance with state regulations using state-of-the-art technology and that there will be no harm caused by effluent being discharged into Rucker Creek, which feeds into the Brazos River and Lake Granbury.

Opponents disagree. They said that, because of COVID-19, TCEQ officials did not follow normal protocols and did not visit the site to verify the field conditions presented in the city’s application before issuing a draft permit in May 2020.

Each side indicated a belief that their position was argued effectively to the SOAH judges.

The city issued a press release a few days after the contested case hearing stating that some of the most impactful testimony came from Ray Perryman, president and CEO of The Perryman Group, an economic research and analysis firm based in Waco. It has served the needs of more than 2,500 clients, including more than half of the Fortune 100 and the 12 largest technology firms in the world.

Perryman testified for the city about the negative economic impact to Granbury and Hood County, including an annual loss of 1,029 jobs, if the plant is not built.

He provided analysis of numerous time frames and economic categories with his U.S. Multi-Regional Econometric Model, which he said has been consistently maintained, expanded, and updated since its creation about 40 years ago.

“They all lead to the same conclusion,” City Manager Chris Coffman stated in the press release. “Delaying the construction of a new Wastewater Treatment Plant harms residents of the City of Granbury and also Hood County.”

The press release further stated that actual on-site water studies and modeling provided by expert testimony indicated that the discharge from the WWTP will not harm the environment or Lake Granbury.

The Hood County News was provided a statement on behalf of those who oppose the sewage facility’s location and are involved in the contested case hearing.

Attorney Michael Booth is representing Jim and Stacy Rist. Stacy Rist’s family has owned and operated Bennett’s Camping Center and RV Ranch for decades. It is close to the proposed WWTP site.

Victoria Calder, a leader in the opposition effort, and Granbury Fresh are represented by attorneys Eric Allmon and John Bedecarre.

The parties all have the same concerns about possible foul odors and harm to businesses, the environment, public health and safety, water recreation, tourism and property values.

Their press release stated that testimony supported their arguments that the sewage plant “will do extensive damage to the environment” and, with Bennett’s, violate the TCEQ’s requirement for a buffer zone.

The statement did not mention Perryman by name but appeared to address his testimony, stating that assertions made by the city’s “economics expert” did not include negative economic impacts that could result from building a sewage plant at that location.

Opponents said that testimony “from both sides” confirmed that discharge from the facility will harm the environment and significantly lower water quality along the discharge route.

“If the city had been responsible and submitted water quality assessments as part of their application, they would have known this and could have avoided years of costly delays and (development) moratoriums in pursuit of a permit that clearly does not meet TCEQ standards,” the press release stated.

Opponents disagreed with the city’s statement that a decision by the TCEQ is expected by early summer. They said a decision will not come until fall.

To read the statement provided by opponents in its entirety, click on the link at the top of this page under the heading "Concerned Citizens Oppose City of Granbury's Proposed Location for a Wastewater Treatment Plant."

The city of Granbury's press release can be read in its entirety at www.granbury.org.