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Public Notice - Luminant Mining Company - 8/05/2010


PERMIT NO. WQ0002697000

APPLICATION.  Luminant Mining Company LLC, 500 North Akard Street, LP12-080B, Dallas, Texas 75201, which operates the Monticello Lignite Mining Area, has applied to the Texas Commission on Environmental Quality (TCEQ) to renew Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0002697000 (EPA I.D. No. TX0068357) to authorize the discharge of treated wastewater at an intermittent and flow variable rate via Outfalls 001, 002, and 003.  The facility is located north and south of Interstate Highway 30, between the City of Winfield and the City of Mount Pleasant in Titus and Franklin Counties, Texas 75456. The discharge route is from the plant site via Outfall 001 to East Piney Creek, Piney Creek, Ripley Creek, Dorsey Creek, and their tributaries; thence to White Oak Creek; thence to the Sulphur/South Sulphur River; via Outfall 002 to Tankersley Creek (above Tankersley Lake); thence to Tankersley Lake; thence to Tankersley Creek (below Tankersley Lake); and via another Outfall 002 to Dragoo Creek; thence to Tankersley Creek (below Tankersley Lake); and via another Outfall 002 to Hayes Creek (above New City Lake); thence to New City Lake; thence to Hayes Creek (below New City Lake); thence to Hart Creek; thence from these Outfall 002 discharge routes to Big Cypress Creek Below Lake Bob Sandlin; via Outfall 003 to Smith Creek; thence to Blundell Creek; and via another Outfall 003 to Blundell Creek; thence from these 003 outfalls discharge routes to Lake Bob Sandlin.  TCEQ received this application on June 29, 2010. The permit application is available for viewing and copying at Titus County Clerk’s Office, 100 West First Street, Suite 204, Mount Pleasant; and at the Franklin County Clerk’s Office, 200 North Kaufman Street, Mount Vernon, Texas.

ADDITIONAL NOTICE.  TCEQ’s Executive Director has determined the application is administratively complete and will conduct a technical review of the application.  After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application.  Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application.  That notice will contain the deadline for submitting public comments.

PUBLIC COMMENT / PUBLIC MEETING.  You may submit public comments or request a public meeting on this application.  The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator.  A public meeting is not a contested case hearing.

OPPORTUNITY FOR A CONTESTED CASE HEARING.  After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material or significant public comments.  Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director’s decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application.  If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director’s decision and for requesting a contested case hearing. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST:  your name, address, phone number; applicant’s name and proposed permit number; the location and distance of your property/activities relative to the proposed facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement “[I/we] request a contested case hearing.”  If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group’s representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the proposed facility or activity; provide the information discussed above regarding the affected member’s location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group’s purpose.  

Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission’s decision on the application.  Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.  TCEQ may act on an application to renew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director’s decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk.  In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county.  If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION.  All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at  If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040.  Si desea información en Español, puede llamar al 1-800-687-4040.  General information about TCEQ can be found at our web site at  
Further information may also be obtained from Luminant Mining Company LLC at the address stated above or by calling Mr. Joel Palin, Luminant Power - Environmental Services, at 214-875-9127.
Issuance Date:  July 8, 2010