The Environmental Protection Agency has raised concerns about the city of Dripping Springs’ draft permit for direct discharge of wastewater into Onion Creek.

Local organization Protect Our Water petitioned the EPA in September to review the city’s draft permit, POW board member Richard Beggs said. The EPA objects to the 995,000 gallons per day discharge because the Texas Commission on Environmental Quality inadequately analyzed the draft permit, POW stated in a news release.

"We think it’s very significant, but we were very concerned because we don’t think the state of Texas is following the law," he said. "There’s delegated authority that EPA gives to the states, and when they’re not doing their job, it’s [a problem]. What’s just so incredible about this is a bunch of citizens just had to appeal to the federal government, and we’re really thankful that they’ve responded."

Ginger Faught, Dripping Springs deputy city administrator, said the city anticipated the EPA would have comments on the permit, and it is a TCEQ issue.

"This wasn’t a surprise," she said. "It’s part of the process and the questions or comments on the permit went to TCEQ, and TCEQ has responded."


The author of the EPA letter, Richard Wooster, acting associate director for NPDES Permit and TMDLs Branch, stated it is unclear how the permit conforms to guidelines set by the Clean Water Act, which established the basic structure for regulating discharges of pollutants into U.S. waters.

In his letter, he stated the EPA cannot discern from the information provided what factors TCEQ considered in its determination of no significant degradation and whether the state’s analysis complied with TCEQ’s anti-degradation policy and implementation procedures. Wooster asked for additional information regarding the state of Texas’ Tier 2 analysis for the discharge.

On Nov. 10, the city of Dripping Springs and TCEQ listened to dozens of north Hays County residents and community members speak against the proposed permit that could allow the city to discharge wastewater into Onion Creek every day.

The draft permit was issued by the state in September.

City Attorney Andy Barrett has said the city remains committed to not discharging. Instead, due to the TCEQ application process, Barrett said the city must first apply for a discharge permit before it can apply for reuse permits.

POW wants the city to sign a formal commitment stating the city is committed to reusing the water rather than discharging, Beggs said.

"We think there is a solution within reach," he said.

City contracts indicate treated wastewater will be used for irrigation of open space and parkland as well as landscaping uses, such as in medians, Faught said.

"We have committed through contract over 600,000 gallons per day of treated [wastewater] to be used for reuse projects," Faught said. "There’s significant interest in the community for reuse, and we’re going to continue to solicit reuse customers and projects."