Mount Vernon Optic-Herald

Texas Commission on Environmental Quality

NOTICE OF APPLICATION AND PRELIMINARY DECISION FOR WATER QUALITY TPDES PERMIT RENEWAL FOR INDUSTRIAL WASTEWATER

TPDES Permit No. WQ0002697000

APPLICATION AND PRELIMINARY DECISION.  Luminant Mining Company LLC, 500 North Akard Street, LP12-080B, Dallas, Texas 75201, which operates the Monticello Lignite Mining Area, a lignite surface mining facility, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0002697000, which authorizes the discharge of mine water, surface water runoff, and treated domestic wastewater (via internal Outfall 201 - North Winfield sewage treatment plant) from active mine sedimentation ponds in the Sulphur/South Sulphur River (Segment No. 0303) watershed on an intermittent and flow variable basis via Outfall 001, and post mining area runoff and previously monitored effluents (PMEs: via the active mining area Outfall 001) from post mining sedimentation ponds in the Sulphur/South Sulphur River (Segment No. 0303) watershed on an intermittent and flow variable basis via Outfall 101; mine water and surface water runoff from active mine sedimentation ponds in the Big Cypress Creek Below Lake Bob Sandlin (Segment No. 0404) watershed on an intermittent and flow variable basis via Outfall 002, and post mining area runoff and PMEs (via the active mining area Outfall 002) from post mining sedimentation ponds in the Big Cypress Creek Below Lake Bob Sandlin (Segment No. 0404) watershed on an intermittent and flow variable basis via Outfall 102; and mine water, surface water runoff, and treated domestic wastewater (via internal Outfall 203 - South Winfield sewage treatment plant) from active mine sedimentation ponds in the Lake Bob Sandlin (Segment No. 0408) watershed on an intermittent and flow variable basis via Outfall 003, and post mining area runoff and PMEs (via the active mining area Outfall 003) from post mining sedimentation ponds in the Lake Bob Sandlin (Segment No. 0408) watershed on an intermittent and flow variable basis via Outfall 103.  This application was submitted to the TCEQ on June 29, 2010.

The location of the site is north and south of Interstate Highway 30, between the City of Winfield and the City of Mount Pleasant, Titus and Franklin Counties, Texas 75456.  The effluent is discharged via Outfalls 001 and 101 to East Piney Creek, Piney Creek, Ripley Creek, Dorsey Creek, and their tributaries; thence to White Oak Creek; thence to the Sulphur/South Sulphur River in Segment No. 0303 of the Sulphur River Basin; via Outfalls 002 and 102 to Tankersley Creek (above Tankersley Lake); thence to Tankersley Lake; thence to Tankersley Creek (below Tankersley Lake); and via another Outfall 002 and 102 to Dragoo Creek, thence to Tankersley Creek (below Tankersley Lake); and via another Outfall 002 and 102 to Hayes Creek (above New City Lake); thence to New City Lake; thence to Hayes Creek (below New City Lake); thence to Hart Creek; thence from these Outfalls 002 and 102 discharge routes to Big Cypress Creek Below Lake Bob Sandlin in Segment No. 0404 of the Cypress Creek Basin; via Outfalls 003 and 103 to Smith Creek; thence to Blundell Creek; and via another Outfall 003 and 103 to Blundell Creek; thence from these Outfalls 003 and 103 discharge routes to Lake Bob Sandlin in Segment No. 0408 of the Cypress Creek Basin.  The unclassified receiving waters have high aquatic life use for East Piney Creek, Dorsey Creek, Tankersley Lake, Tankersley Creek below Tankersley Lake, New City Lake, Hayes Creek below New City Lake, Smith Creek, Blundell Creek, and Hart Creek; limited aquatic life use for Ripley Creek, Tankersley Creek above Tankersley Lake, and Dragoo Creek; and no significant aquatic life use for Piney Creek and Hayes Creek above New City Lake.  

The designated uses for Segment No. 0303 are contact recreation and high aquatic life use; Segment No. 0404 are contact recreation and intermediate aquatic life use, and Segment No. 0408 are contact recreation, high aquatic life use and public water supply.

The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit.  The draft permit, if approved, would establish the conditions under which the facility must operate.

The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at the Titus County Clerk’s Office, 100 West First Street Suite 204, Mount Pleasant; and at the Franklin County Clerk’s Office, 200 North Kaufman Street, Mount Vernon, Texas.

PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this application.  The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider the comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting a contested case hearing or reconsideration of the Executive Director’s decision. A contested case hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST:  your name; address, phone; applicant’s name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and the statement “[I/we] request a contested case hearing.”  If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group=s representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member=s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are germane to the group=s purpose.

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission=s decision on the application.  Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.  TCEQ may act on an application to renew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.

EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the application unless a timely contested case hearing request or request for reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final approval of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director=s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk.

In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

All written public comments and public meeting requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html  within 30 days from the date of newspaper publication of this notice.

AGENCY CONTACTS AND INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.TCEQ.state.tx.us.

Further information may also be obtained from Luminant Mining Company LLC at the address stated above or by calling Mr. Joel Palin, Luminant Power – Environmental Services, at 214-875-9127.