Court Determines "Standing" In Rucker Creek Waste Water Treatment Plant Process

Opponents and supporters of the proposed Rucker Creek sewage treatment plant presented their arguments at a follow-up hearing held February 10 at the Hood County Justice Center. The purpose of the hearing was to determine which persons or entities have “standing” in the case. Those who receive standing will be allowed to have their concerns heard in the question of whether or not the TCEQ does or does not grant a permit for the plant.

Dan Loomis, speaking in opposition to the proposed plan on behalf of Mallard Pointe’s several hundred residents, was interrupted by the presiding judge who ruled that Mallard Pointe was too far away from the plant to have “standing.”

County Commissioners Steve Berry and Leonard Heathington attended the hearing. Commissioner Berry’s presentation on behalf of the residents of Precinct 4, which includes Mallard Pointe, was likewise determined to lack “standing.”

Dan Loomis, who has followed these proceedings closely, indicated that the judges’ decisions were merely recommendations that are to be considered by the TECQ, which has final authority.

Briefly, the major concerns related to the treatment plant involve:

a) TCEQ’s procedural methods,
b) The lack of a subdivision pre-development plan,
c) Lack of information about the developer/operator, and
d) The expense, regulatory tap fee requirements concerning the City of Granbury’s nearby sewage line.

Excerpted from reports by Charles Inge and Dan Loomis