Corix Utilities of Texas, Inc. Application for 10-fold Increase in Discharge to Colorado River

February 4, 2025

BACKGROUND

Location of Corix/McKinney Roughs Wastewater Treatment Plant. (click on image to enlarge)

The Corix Utilities (Texas) Inc. applied to the TCEQ for a major amendment to TPDES Permit No. WQ0013977001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 0.05 million gallons per day (MGD) to a daily average flow not to exceed 0.51 MGD. The permit application for a major amendment was received on July 29, 2022, and declared administratively complete on August 31, 2022. The existing wastewater treatment facility serves the McKinney Roughs Learning Center and the Bastrop ISD Cedar Creek High School. The service area increase is intended to accommodate approximately 2,082 living unit equivalents (LUE) of mixed use residential and commercial properties. The treated effluent is discharged to an unnamed tributary, thence to the Colorado River Below Lady Bird Lake/Town Lake in Segment No. 1428 of the Colorado River Basin. The unclassified receiving water use is minimal aquatic life use for the unnamed tributary. The designated uses for Segment No. 1428 are primary contact recreation, public water supply, and exceptional aquatic life use.

See for for more about our concerns:  “Exceptional” Aquatic Life Use Standard Threatened

Environmental Stewardship has opposed the expansion of the water treatment plant and the disposal of the treated effluent into the Colorado River by providing comments to the Texas Commission on Environmental Quality (TCEQ) on three occasions.  Written comments were timely filed on  March 4, 2023, and May 28, 2023 and oral comments were provided at a public meeting held on June 1, 2023.  

The Executive Director of TCEQ, Kelly Keel, published her decision on the permit and responses to public comments along with instructions for requesting reconsideration and/or a contested case hearing on the permit application on August 7, 2023,    The Executive Director decided that the permit application meet the requirements of applicable law and advised that the decision does not authorize construction or operation of any proposed facilities. The decision was to be considered by the commissioners at a regularly scheduled public meeting before any action is taken on this application unless all requests for contested case hearing or reconsideration have been withdrawn before that meeting. The Executive Director also provided Response to Public Comment (RTC). 

Since the issues raised by Environmental Stewardship in its public comments were not resolved by the Executive Director’s responses, Environmental Stewardship requested a Contested Case Hearing and Reconsideration of the Corix application on September 6, 2023.  Included with our requests was a comprehensive deficiency review of the Executive Directors responses to its public comments.   In response to our request for a contested case hearing, on January 12, 2023, the Executive Director recommended that that the Commission find that Environmental Stewardship is an affected person and grant our hearing request.  

On January 29, 2024, Environmental Stewardship filed a response to the Executive Director requesting that the Commissioners also grant that Chap Ambrose also be recognized as an affected person based on his recreational use of the Colorado River and  be granted a contested case hearing. That request was denied.  

Environmental Stewardship has pursued this pathway of administrative justice since initially requesting a contested case hearing (CCH) in September, 2023. Finally, in October of 2024 ES was granted a hearing that was held on January 27-28, 2025. As such we accomplished our initial goal of having the opportunity to argue our case before an administrative law judge; the time consuming and relatively inexpensive phase of contesting a permit. Since that time our legal team, under lead attorney Eric Allmon of Perales, Allmon & Ice, P.C., has been meeting the requirements of the agreed schedule that enabled the January hearing to be held. This has meant that our pace of legal activity has increased significantly, leading to accruing a surge in expenses ahead of and during the January hearing. The speed at which the expenses associated with this success is having on cash-flow are primarily related to the gap in funding cycles ES is experiencing. Our funding via foundation grants and direct public donations were good in 2024 but are not keeping up with the increased pace during the current 2025 calendar year.

WHAT WAS ACCOMPLISHED IN THE HEARING & THE PATH AHEAD

The contested case hearing on the Corix application to expand its wastewater treatment plant in McKinney Roughs Nature Park 10-fold was held on January 27-28, 2025. Environmental Stewardship (ES) Protestant, Applicant (Corix), Executive Director of TCEQ (ED), and the Office of Public Interest Counsel (OPIC) presented evidence and cross-examined witnesses before the Honorable Rebecca Smith Administrative Law Judge (ALJ) presiding for the State Office of Administrative Hearings (SOAH). 

We, through our respective lawyers and expert witnesses, accomplished a great deal at this hearing. Keep in mind the purpose of the hearing is to establish the facts that will be cited in closing arguments to be made by way of written briefs due February 27, 2025.

Here are some of the facts established (in layman’s terms):

  • The Applicant and ED did not even attempt to establish a baseline for water quality in the Colorado River after November 28, 1975 as required by law in making a Tier 2 analysis to determine if the receiving water (the river) has been degraded. As such there is a need to develop a baseline that can be compared to the current 2024 LCRA Aquatic Life Use Monitoring data to determine whether degradation of the water quality in the river has occurred.  
  • There is potential for nutrient impacts (phosphates and nitrates) from the Corix wastewater discharge into the unnamed tributary and Colorado River and a lower total phosphate limit of 0.02 milligrams per liter is reasonably attainable.
  • The “exceptional” aquatic-life use standard applies to fish, marobenthic communities, and habitat during both non-critical and critical periods (months of the year). 
  • The LCRA’s preliminary Aquatic-Life Monitoring of the Colorado River where the discharge enters, the river is not meeting the “exceptional” aquatic-life use standard during the critical period. The standards were met in only two of the six reporting metrics.  
  • Nitrate/nitrite and total phosphate concentrations have exceeded the established limits in the segment of the Colorado River where the effluent is being discharged over 70% of the time for the last 16 years, and 100% for the last 2 years.
  • PFAS compounds are likely in Corix wastewater discharge and that these emerging pollutants are likely harmful to human health and the environment (fish and wildlife) and need to be monitored. Click for more information on PFAS in the lower Colorado River basin. 

Here are two photos that were admitted as ES-1 and received a great deal of attention on cross-examination at the hearing.  

Confluence of the Unnamed Tributary carrying effluent from the Corix Wastewater Treatment Plant discharges into the Colorado River just upstream from LCRA’s McKinney Roughs Park. Harold Connett, January 23, 2025

Colorado River just downstream from where the 1.2 mile long Unnamed Tributary that carries Corix wastewater discharges into the river. Harrold Connett, January 23

The above facts will be cited in relation to Texas laws in closing arguments that will be made by our lawyer on February 27th for Judge Smith to consider in preparing a proposal for decision that is due to be released by May 7, 2025. The parties will have a few weeks to raise their “exceptions” to the proposal.

Judge Smith will consider the proposal for decision and exceptions in making her recommendations (proposal) to the final decision-makers; the TCEQ Commissioners. As such, a final decision should be available by this summer.

We have adequate evidence that TCEQ has not made an effort to establish a baseline for the Aquatic-Life use of this segment of the river since 1975 even thou gh the LCRA/SAWS project, conducted by Bio-West during 2004-2008, and the Colorado-Lavaca Basin and Bay Expert Science Team (CL-BBEST) reviewed existing data on the flow of the lower basin of the river from Longhorn Dam to Matagorda Bay in relation to the life-use of the blue sucker in 2011. The Bio-West studies collected over 13,000 fish representing 15 families and 50 species from various habitats of the lower Colorado River from Austin to Wharton from 2004, 2005, 2006.  During LCRA’s 2024 “current period” Aquatic Life Monitoring it collected only 24 species of fish during the non-critical period, and 22 species during the critical period.

 

We also have the current evidence from the 2024 LCRA Aquatic Life Monitoring Project presentation that LCRA provided during its meeting with Environmental Stewardship’s Stakeholder Advisory Group that the two stations in segment 1428 are not meeting the exceptional aquatic life use standard for critical periods.  A baseline for this review is needed.

Figure 1.  FY24 ALM Summary. Both Utley and Austin’s Colony (monitoring sites within river segment 1428) have been designated to meet “exceptional” Aquatic-Life Use standards for both Non-Critical(June) and Critical (July and August) seasons. That is, all the ratings for these sites should be Exceptional in the above table if the standard is being met.

Figure 2. FY24 ALM Summary continued. Both Utley and Austin’s Colony failed to meet the exceptional Aquatic-Life Use standard designated for Fish, Bugs, and Habitat in Segment 1428.

Based on this information ES will suggest that the TCEQ might find it useful in evaluating the impacts of the Corix discharges into this segment of the river to fund a project to review the existing data from the two reports cited above (links to these reports can be found in the documents section below) and any other relevant data — such as the MacLeod reports, and LCRA’s 2023 Basin Summary Report LCRA Report covering 2017-2022 — to establish a baseline that the current LCRA project results can be compared to as required by the statutes.   We will also suggest that a stakeholder advisory review process be undertaken.  
The LCRA/SAWS project cited above was funded by LCRA (likely with funding from the legislature passed through TCEQ or TWDB) and awarded to Bio West. So they should have access to the primary data collected by Bio-West.   The LCRA was also a member of the CL-BBEST team that reviewed the data and produced the 2011 report, so it should be familiar with or able to access the records that went into that report. 
For Corix, we need to request that lower Total Phosphate (0.02 or 0.15) limits, and perhaps total nitrogen limits be applied to the permit, and monitoring of PFAS in Corix plant inflows, outflow, and at confluence with the Colorado River be done at least quarterly if not monthly.  

 

DOCUMENTS, EXHIBITS, TESTIMONY, AUDIO, TRANSCRIPTS

PRE-HEARING DOCUMENTS

Corix TPDES Permit No. W0013977001 Permit Application

Environmental Stewardship Comments filed March 4, 2023

Environmental Stewardship Comments filed May 28, 2023

TCEQ Executive Director’s Decision and Response to Public Comments (RTC) published August 7, 2023

Environmental Stewardship’s Request for Contested Case Hearing filed September 6, 2023

TCEQ Executive Director’s Recommendations to the Commission regarding Contested Case Hearings published January 12, 2024

Environmental Stewardship Response to the Executive Director requesting Chap Ambrose be recognized and granted a CCH, January 29, 2024

Michael C.MacLeod, PH.D.  Is the Colorado River an Exceptional Aquatic-Life Use Waterway? An Analysis of Data from the TCEQ Database  1/21/2024

 

HEARING DOCUMENTS

Prefilled Testimony (Protestant, ES): Attorney Eric Allmon, Perales, Allmon, Ice, P.C. for Protestant Environmental Stewardship.

Richard Martin: Recreational Fisherman for 50 years on Colorado River, Member of Environmental Stewardship

Dr. Michael MacLeod, PH.D.:  BS in Biology, California Institute of Technology; Doctor of Philosophy in Biology, University of Oregon, Fellowship from Institute of Molecular Biology, 82 publications.

Dr. Lauren Ross, PH.D., P.E.: Glenrose Engineering, Inc.

Exhibits ES-200-203:  Prefilled Testimony (ES-200), Resume (ES-201), Documents & Books (ES-202), Segment 1428 Listing History (ES-203).

Exhibit ES-204:  Colorado-Lavaca Basin and Bay Expert Science Team Report: Environmental Flow Regime Recommendations Report, March 1, 2011

Exhibit ES-205:  BioWest Report: Lower Colorado River, Texas; Instream Flow Guidelines; Colorado River Flow Relationships to Aquatic Habitat and State Threatened Species: Blue Sucker; Prepared for Lower Colorado River Authority and San Antonio Water System;Prepared by BIO-WEST, Inc., 1812 Central Commerce Court, Round Rock, Texas 78664. Including:  Introduction, Study Components: Hydrology, Biology, Geomorphology, Water Quality; Study Results, Integration: Flow Components, Subsistence & Base Flow, Pulse Flows, Channel Maintenance & Overbanking Flow, Flow Regime Guidelines; Monitoring & Adaptive Management, Matagorda Bay Freshwater Inflow Evaluation, Science Review Panel, Public Outreach Group, Stakeholder Review. March 31, 2008.

Related reports that will be invaluable in developing a baseline for Aquatic Life Use Monitoring between 1975 and the 2024 LCRA Aquatic Use Monitoring Study currently under review by TCEQ.  The following reports are available as a result of the LCRA/SAWS studies but were not provided as exhibits:

2004 Activities Report: Including:  Introduction, Habitat Mapping, Site Selection, Blue Sucker Activities, Fish Guild Development, Fatal Flaw Evaluation. December 15, 2004.

2005 Activities Report: Including: Topographic Data Collection, Aerial Photography, Substrate Mapping, Riparian Mapping, Sediment Transport, Biological Data Collection, Blue Sucker Life History, Aquatic Resource Characterization, Model Development, Fatal Flaw Evaluation. December 16, 2005.

2006 Activities Report: Including:  Project Communications, Biological Data Collection & Analysis, Blue Sucker Life History, Topographic Data Collection, Sediment Transport, Model Development and Flow Guidelines, Fatal Flaw Evaluation, References. December 14, 2006.

Significant Findings for Baseline Aquatic Life Use: Over 13,000 fish representing 15 families and 50 species were collected from various habitats of the lower Colorado River from Austin to Wharton (Table 2) [2004, 2005, 2006 collections] during discharge conditions ranging from 188 to 2,030 cfs.   NOTE:  The “current period” LCRA 2024 ALM data has collected 24 species of fish during the non-critical period, and 22 species during the critical period.

2007 Activities Report: Including:  Study Components: Hydrology, Biology, Geomorphology, Water Quality; Progress & Results, Integration:Flow Components, Subsistence & Base Flow, Pulse Flows & Overbanking Flow, Flow Regime Guidelines; Monitoring and Adaptive Management, Evaluation & Refinement, Comparison to Existing Criteria, References. April 3, 2007.

Exhibits ES-203, 206-213:  Segment 1428 Listing History (ES-203), TCEQ Nutrient Screen (ES-206), Aerial Image of CR@Corix (ES-207), Riffle Habitat (ES-208),  Ross Nutrient Screen (ES-209),  TCEQ Unclassified Water Screen (ES-210), Wells within one mile Map (ES-211), Well Table (ES-212), Toxicology Review (ES-213)

Exhibit 213: Jordan Crago (not testifying, included with Dr. Ross) Associate Professor: Toxicology, Texas Tech University: Toxicological Evaluation of Corix Application to Amend Permit,

Exhibits:

ES-1 Connett Declaration and photos of unnamed tributary at confluence with Colorado River and 200 yards downriver

ES-2 LCRA December 9, 2024 PPT of meeting with Environmental Stewardship Stakeholders with 2024 Aquatic Life Monitoring data and summaries.

ES-3 LCRA 2023 Basin Summary Report (Use for baseline determination)

ES-4 ES Comments to TCEQ RE: Corix Utilities (Texas) Inc., McKinney Roughs Permit Application – Requesting a Public Meeting and Review of Integrated Assessments of Segment 1428. March 5, 2023,

ES-5 (Offer of Proof STATE OF TEXAS, vs.3M COMPANY; CORTEVA, INC., DUPONT DE NEUnMOURS, INC., and EIDP, INC. F/K/A E.I. DU PONT DE NEMOURS AND COMPANY (not admitted)

ES-6 City of Liberty Hill Permit with low Total Phosphate limit.

Prefilled Testimony (Applicant, Corix)  Attorney David Tuckfield for Applicant

Paul Price, Exhibits APP-01-1 thru APP-01-10

Troy Hotchkiss, P.E. Exhibits APP-02-1 thru APP-o2-

Karla Kinser, P.E.  Exhibits APP-03-1 thru APP-03.2

Prefilled Testimony (Executive Director, TCEQ) Attorney Aubrey Pamelka for TCEQ

Jenna Lueg  Exhibits ED-JL-1 thru ED-JL-8, Standards Implementation Team, Water Quality Assessment Section, Water Quality Division, TCEQ Office of Water

James Michael Exhibits ED-Jl-1 thru ED-JM-20,  Water Quality Division, TCEQ Office of Water Quality

Adur Rahim Exhibits ED-AR-1 thru ED-JR-2, Water Quality Division, TCEQ Office of Water Quality

Office of Public Interest Counsel (OPIC) Attorney Pranjal Mehta

Audios of Hearing:

Day 1, Part 1  Introduction, ES Opening Statement (02:50), Martin (05:00), Ross (06:30), MacLeod (1:15:00), Applicant Price (1:29:06), Hotchkiss (3:51:35), Kinser (4:00.45),

Day 1, Part 2

Day 2, Part 1

Transcripts of Hearing:

TOC Vol 1:  Table of Contents for pages 3-174 (1 page)

TOC Vol 2: Table of Contents for pages 3- 76 (1 page)

Notice:  At the end of each HOM there is alphabetical word/number searchable table.

HOM Vol 1:  Hearing on the Merits (pages 1-261)

HOM Vol 2:  Hearing on the Merits (pages 1-76)

HOM Vol 2:  Environmental Stewardship’s Offer of Proof (pages 1-59) on Mr. Price cross-examination regarding PFAS.