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Regulator challenged by Liberty Hill over phosphorus discharge limits

Liberty Hill demands a new hearing and challenges the state's order to reduce phosphorus pollution.

Published June 12, 2024 at 6:03am by Claire Osborn


Liberty Hill Fights Back Against TCEQ Order to Reduce Phosphorus Discharge

Liberty Hill fights back against Texas Commission on Environmental Quality (TCEQ)'s order to reduce phosphorus discharge into the South San Gabriel River. [no URL]

In May, the city filed a motion for a rehearing, arguing that the TCEQ ignored certain policies of the Texas Surface Water Quality Standards. [URL: https://www.tceq.texas.gov/assets/public/publicparticipation/ex Expl142244.pdf]

"...the commission only focused on policies about maintaining water quality for public health and protecting terrestrial and aquatic life..." - Liberty Hill, via TCEQ motion document.

Resident Stephanie Morris, an advocate for lower phosphorus limits, has filed a response against the city's motion. [no URL] The TCEQ has until Monday to decide or extend the deadline by 45 days, per spokesman Ricky Richter. [no URL]

The city's motion accused the TCEQ of failing to consider other policies, including maintaining industries, economic development, and encouraging wastewater facility development. [same URL as above]

"...the commissioners also violated standards by seeking to improve water quality, rather than just maintaining it." - Liberty Hill, via TCEQ motion document.

The motion also stated that the new phosphorus limit is too low to be tested by accredited labs. [same URL]

In March, the TCEQ voted to lower the phosphorus limit for the Liberty Hill Wastewater Treatment Plant from 0.15 mg/L to 0.02 mg/L. [no URL]

This order follows a legal battle by residents who argued that phosphorus discharge from the plant caused excessive algae growth, violating state water quality standards and impacting recreation. [URL: https://static1.squarespace.com/static/5ca6d43cfbf0f4000153d9d5/t/5ec44eae43dbc7237c9f4c31/1589574222945/Phase+II+Response+to+Comments.pdf?format=original]

Algae growth can lead to fish and aquatic life death. [no URL]

Morris' motion denies that the TCEQ violated standards, arguing that the city repeats rejected legal arguments about water quality measurements. [URL: https://static1.squarespace.com/static/5ca6d43cfbf0f4000153d9d5/t/5ec706639a2ddb75b8f1bb4b/1589743827972/April+24+2020+SoAH+Recommended+Order+on+Motions+for+Rehearing_Redacted.pdf?format=original]

"...degradation is measured from the highest water quality sustained since Nov. 28, 1975 [pre-dating Liberty Hill's discharge]." - Morris, via motion document.

Morris' motion also claims the city failed to specify how the TCEQ violated policies regarding industry maintenance and economic development. [same URL]

"There are labs [that can test the new phosphorus limit]." - Morris, via motion document.

Read more: Liberty Hill wants TCEQ to reconsider order to lower phosphorus released in river