100 Commons Rd., Suite 7155, Dripping Springs, TX 78620
July 30, 2019
Ms. Kris Hogan
Office of Legal Services (MC 205)
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711-3087
RE: POW Comments of Support for the TCEQ, Rule Project Number 2016-042-309-OW:
Amendments of Chapters 222 and 309 Relating to Beneficial Reuse Credits
Dear Ms. Hogan,
The mission of the Texas Commission on Environmental Quality’s (TCEQ) to protect Texas’
human and natural resources consistent with sustainable economic development has never been
more challenging or more critical. Our Central Texas communities are growing exponentially –
as is the volume of effluent being produced as a result of that growth.
Protect Our Water (POW) requests that TCEQ adopt proposed effluent discharge rule
amendments to Chapters 222 and 309 (2016-042-309-OW).
The result of this unprecedented growth is that many of our Central Texas Communities are being
forced to make major, costly improvements and enhancements to their existing infrastructure –
particularly infrastructure related to their wastewater treatment operations. The rule changes
being contemplated will motivate communities to maximize beneficial re-use. Effluent is an asset
that can offset increasing demands on traditional sources. Promoting beneficial re-use (vs.
discharges) will also help protect the health of our citizens, protect/preserve health of our natural
resources and ultimately protect/preserve our fragile Central Texas creek ecosystems.
POW supports these proposed rule changes:
• §222.83(e) and §309.24(d) to prohibit reducing the disposal site area by more than 50% of the
area required based on the permitted flow. In order to protect against unauthorized discharge,
this minimum 50% percentage of land must be available in case there is more reclaimed water
available than can be reused.
• §222.127(c) and §309.24(e) to prohibit the reduction of the required storage. In order to protect
against unauthorized discharge, prohibition of reduced required storage is a critical safeguard.
• §309.25(b)(5) to require a permittee that is granted a beneficial reuse credit to have a
contractual agreement to pump and haul unused treated effluent and requires the applicant to
dispose of excess wastewater under the contractual agreement (under certain conditions). In