In a MAJOR VICTORY AGAINST DESALINATION IN OUR BAYS, the Administrative Law Judges (ALJ) from the State Office of Administrative Hearings (SOAH) issued their Recommendation for Decision (RFD) on the Port’s Application for a Desalination Permit on Harbor Island. The ALJs could have recommended granting the Permit as written, grant the Permit with modifications, or denial of the Permit. THEY RECOMMENDED DENIAL OF THE PERMIT! However, the TCEQ has remanded the permit back to the Port of Corpus Christi for further action.
The ALJ’s denial is still a major victory and reiterates that building desalination facilities within our closed bay system is simply a bad idea, regardless of where you build it. Let’s hope the City of Corpus Christi gets the message. Thanks to all who submitted comments against this disastrous plan, especially the Port Aransas Conservancy and residents of Port Aransas for their steadfast tenacity in pursuing the Contested Case Hearing, the excellent legal counsel, and the many experts who testified in opposition to the Permit.
Read all 106 pages of the ALJ decision here: https://capetx.com/wp-content/uploads/2021/02/20-1895-PFD-COMPLETE.pdf
EPA Letter to TCEQ re: CC Bay Desal Plants
In September 2021, the EPA notified TCEQ that it was going to review the TCEQ’s treatment of the Permits being sought for desalination facilities by the Port and the City of Corpus Christi. In that letter, they asked for all documentation relating to the Permits, specifically targeting the Port’s facility on Harbor Island since it was in its second “trial” before the Administrative Law Judges. After reviewing those documents and subsequent exchanges with the TCEQ, the EPA issued a follow-up letter, dated December 15, stating their objections to the TCEQ analysis and process. Of particular significance is the EPA finding that TCEQ’s treatment of these facilities as Minor facilities, requiring much less scrutiny, was erroneous. The EPA declared these facilities as Major facilities and therefore would require a more rigorous review. The letter notes other issues and requests that EPA comments be submitted for the record in the ongoing hearing before the Judges. They then state very clearly, they want to review any Proposal for Decision rendered by those Judges and will review any proposed Permit for compliance with the Clean Water Act.