EP case heads to SOAH

The contested case over Electro Purification’s permit request to the Barton Springs Edwards Aquifer Conservation District (BSEACD) for 2.5 million gallons of water per day from the Trinity Aquifer will be heard by the State Office Of Administrative Hearings (SOAH).

Electro Purification made a conditional request for the SOAH hearing contingent on whether or not any other person or entity made the request first. The first entity to request a SOAH hearing is responsible for paying for the hearing. The BSEACD said that 12 other parties requested a contested case with the district, but none of them requested a SOAH hearing, which means EP will pay for the hearing.

A district representative said that they are not yet sure if SOAH will consider the other 12 contested case requests or if those entities will have to submit new requests with SOAH.

A preliminary hearing to determine standing for which parties will be allowed to contest the case has not yet been set and no timeline for the hearing process has been made.

Those interested in following the SOAH hearing can do so online through the State Office of Administrative Hearings website. The district said they would post an update with instructions on how to see documents involved in the case on their website, www.bseacd.org/ep_productionapp, as soon as more information is available.