TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

NOTICE OF APPLICATION AND PRELIMINARY DECISION

FOR TPDES PERMIT FOR MUNICIPAL WASTEWATER

RENEWAL

PERMIT NO. WQ0010463001

APPL= ICATION AND PRELIMINARY DECISION. City of Yoakum, P.O. Box 738, Yoakum, Texas 779= 95-0738, has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010463001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. TCEQ received this application on February 2, 2009.

The facility is located on the west side of Dunn Street and approximately one m= ile southwest of it's intersection with State Highwa= y 111 in Dewitt County, Texas. The treated effluent is discharged to Big Brushy C= reek; thence to Clarks Creek; thence to the Lavaca River Abov= e Tidal in Segment No. 1602 of the Lavaca River Basin. The unclassified recei= ving water uses are high aquatic life use for Big Brushy Creek. The designated u= ses for Segment No. 1602 are high aquatic life uses, public water supply and contact recreation. All determinations are preliminary and subject to additional review and/or revisions.

The TCEQ Executive Director has completed the technical review of the applicati= on and prepared a draft permit. The draft permit, if approved, would establish= the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copyin= g at City Hall, 808 U.S. Highway 77A South, Yoakum, Texas 77995.

PUBL= IC COMMENT / PUBLIC MEETING. You may submit public comments or request a pub= lic meeting about this application.= The purpose of a public meeting is to provide the opportunity to submit comment= s or to ask questions about the application. TCEQ holds 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.

OPPO= RTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public commen= ts, the Executive Director will consider all timely comments and prepare a resp= onse to all relevant and material, or significant pub= lic comments. Unless the application is directly referred for a contested case hearing, the response to comments wi= ll 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 a contested case hear= ing or reconsideration of the Executive Director's decision. A contested ca= se hearing is a legal proceeding similar to a civil trial in a state district court.

TO REQUEST A CONTESTED CASE HEARIN= G, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name; address, phone; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how= you would be adversely affected by the facility in a way not common to the gene= ral public; and the statement "[I/we] request a contested case hearing.&qu= ot; 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 t= he information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member woul= d be affected; and explain how the interests the group seeks to protect are germ= ane to the group's purpose.

Following the close of all applicable comment and request periods, the Executive Dire= ctor 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 f= act that are relevant and material to the Commission's decision on the applicat= ion. Further, the Commission will only grant a hearing on issues that were raise= d in timely filed comments that were not subsequently withdrawn. TCEQ may act on an application to ren= ew a permit for discharge of wastewater without providing an opportunity for a contested case hearing if certain criteria are met.

EXECUTIVE DIRECTOR ACTION.<= /b> The Executive Director may issue final approval= of the application unless a timely contested case hearing request or request f= or reconsideration is filed. If a timely hearing request or request for reconsideration is filed, the Executive Director will not issue final appro= val of the permit and will forward the application and request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

MAIL= ING 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 wi= sh to be placed on the permanent and/or the county mailing list, clearly speci= fy which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

All written public comments and pu= blic meeting requests must be submitted to the Office of the Chief Clerk, MC 105, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html wi= thin 30 days from the date of newspaper publication of this notice.

AGEN= CY CONTACTS AND INFORMATION. If you need more information about this permit application or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea i= nformación en Español, puede llamar al 1-800-687-4040. General information about t= he TCEQ can be found at our web site at www.TCEQ.state= .tx.us.

Further information may also be obtained from City of Yoakum at the address stated above or by calling Mr. Calvin Cook at 361-293-6321.

Issuance Date: 7/09/2= 009

CERTIFICATION: I certify= that the above and foregoing notice was posted on the glass window adjacent to t= he front door of City Hall, facing the outside and on the City of Yoakum websi= te (www.cityofyoakum.org), on   &= nbsp;                 &= nbsp;   Tuesday, August 11, 2009    &nbs= p;      at     8:30 AM    o’clock.

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   = ;                 &= nbsp;           &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; Theresa A. Bowe, City Clerk    =             &nb= sp;