Residents oppose Hays Commons’ wastewater permit

BUDA  — On Tuesday, July 16, residents from the city of Hays and nearby neighborhoods gathered in a meeting room at the Comfort Suites in Buda to oppose a proposed wastewater treatment permit for MileStone Community Builders’ planned Hays Commons subdivision. The Texas Commission on Environmental Quality (TCEQ) hosted the public meeting as an opportunity for residents to voice concerns about the potential permit and its effects on Barton Springs and the nearby wells. The proposed subdivision is planned at FM 1626 and Carpenter Lane in Menchaca and straddles the Hays and Travis county lines. Portions of the land were formerly in the city of Hays extraterritorial jurisdiction (ETJ), but the developer has since requested, and been granted, an ETJ release, which gives jurisdiction to the counties. On July 27, 2023, TCEQ received a Texas Land Application Permit (TLAP) application from MileStone, which has been deemed “administratively complete” by TCEQ staff. The proposed permit would allow the developer to disperse treated effluent — domestic wastewater that has been treated and cleaned by a wastewater treatment plant — on 290 acres of land that are situated in the Edwards Aquifer Recharge Zone at a rate of up to 150,000 gallons per day at full capacity. The first half of the meeting was designated as a question and answer period, where attendees were able to ask questions of the TCEQ staff and/or representatives of the development. To begin, Brian Zabcik, advocacy director for the Save Barton Springs Association, asked about data regarding the efficacy of TLAPs over the recharge zone. Michael Parr, from the Environmental Law Division of TCEQ, stated that any records TCEQ would have would be complaint-driven or violation-driven. “Currently, the wastewater discharges are prohibited over the recharge zone and subsurface irrigation systems are prohibited over the recharge zone,” said Parr. “So, the reason TLAPs are allowed is because there is a lesser chance of infiltration to the Edwards [Aquifer]. So, if TLAPs were a horrible idea over the recharge zone, we would have known that by now.” Parr continued by explaining that the data on TLAP compliance is available to TCEQ, but it has not been analyzed at this time. In response, Zabcik concluded, “We feel that it’s very risky to put a TLAP over the recharge zone, unless [TCEQ] can actually quantify what the performance record is of existing TLAPs … We also, too, know that [TLAP permits] turn into de facto discharge permits because treated wastewater continues to be applied onto oversaturated fields at times.” Kathryn Nichols, a resident of the neighborhood adjacent to the proposed treatment plant, questioned what the public access uses are in the application area, to which Hannah Zellner, from TCEQ’s Water Quality Division, responded that the area is "non-public access." Lauren Crone, senior project manager for LJA Engineers, who was there on behalf of the developer, elaborated, stating, “Generally, there’s required signage that just says, ‘Non-human contact area’ or something like that. Fencing, from my recollection, is not required, but most of the time, developers elect to do so.” Earlier, a TCEQ representative said that only the TCEQ Water Quality Division had reviewed the permit, but not the Edwards Aquifer-specific division of the commission. When asked why the other division hadn’t been involved, Parr said that attendees should “rest assured” because not only is the Water Quality Division geologist reviewing the permit, the Edwards Aquifer Division will have a separate technical review, which will confirm that the permit abides by Edwards Aquifer rules, as well. Teresa Lemman, whose home is near the “spray zone,” asked about the air quality requirements. “Obviously, I’m concerned about the water, but I’m really concerned about the air. It’s going to be a mist. It’s micro particles,” she said. “[According to] everything I’ve read, it will be floating directly onto our front and backyard … So, what’s the solution going to be for us? We spend most of our time outside. We have young children. We garden. And you guys are telling me that you’re going to have this micro effluent floating over our home. Is that going to be addressed?” “What I can tell you, short answer-wise, is that wastewater treatment plants do not create a source of air emissions that would be required under the Clean Air Act,” replied Parr. “Their irrigation heads are similar to what’s in your yard,” said Crone, “So, they’re not those big broadcasting sprayers, so there is far less of the particles in the air. But, we do have buffers from the property that you’re speaking of.” Following a couple more questions, the question and answer portion of the meeting ended and the formal comment period began. The purpose of this comment period was for concerns and comments from the public to be added to the official TCEQ record. After the comment period closes on Thursday, July 25, the comments will be addressed via a response to comments published by TCEQ. Twelve attendees spoke during the formal comment period, including Buda resident David Patterson, who urged TCEQ to deny the TLAP. “I count on TCEQ to protect my well and my water. Why would we do an experiment? There are no TLAPs on this sensitive area of the recharge zone … [The permit] does not serve the majority of the people, the constituents that elect our representatives. It hurts the majority of the constituents. We don't know if it's going to be safe to drink our water, our well water. We have no recourse. It's a civil matter; if there's a problem with the TLAP field, nobody comes to our rescue,” said Patterson. “I'm sorry it's so hostile, but this is our land. These are our homes. Developers will come, they'll leave [and] they'll leave us with all the problems. And everybody goes, ‘Oh, that's so sad,’ but TCEQ has the chance to stand up for the common folk and that's what I'm asking. Please deny this permit.” Resident Bill Oliver chose to provide his comment via song, singing his original song “On the banks of Little Bear Creek.” (See video of his performance at bit.ly/3xT3yOJ.) The meeting concluded after the formal period, although anyone can provide comments directly to TCEQ by visiting bit.ly/3ScZ9x1 and entering permit number WQ0016373001 by 5 p.m. on Thursday, July 25.