Maverick County Commissioners Court approves to Contest Dos Republicas Coal Partnership’s Revised Coal Mine Water Discharge Permit and hire Attorney

By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.

Maverick County Commissioners Court approved the hiring of Austin, Texas attorney David Frederick to represent Maverick County in Dos Republicas Coal Partnership’s revised coal mining wastewater discharge permit before the Texas Commission on Environmental Quality (TCEQ) and authorized Frederick to request party status and a contested case hearing on behalf of Maverick County to oppose the granting of a revised Waste Water Discharge Permit (WQ003511000) by TCEQ at their regular meeting held on Monday, January 12, 2015, by a split vote of four in favor and Commissioner Roberto Ruiz voted against.

After discussion of agenda item no. 27, Commissioner of Precinct 3 Jose Luis Rosales made the motion and Commissioner of Precinct 1 Gerardo “Jerry” Morales seconded the motion with County Judge David R. Saucedo, Commissioner Rosy Cantu of Precinct 2, Commissioner Rosales, and Commissioner Morales voting in favor while Commissioner Ruiz voted against.

With the approval of this motion, Maverick County will participate in the upcoming TCEQ Public Hearing regarding Dos Republicas revised application to discharge coal mining wastewater into Elm Creek and the Rio Grande River scheduled on Thursday, January 22, 2015, at 7 P.M. at the Middle Rio Grande Development Work Force Center Conference Room in Eagle Pass and to request a contested case hearing on the application and oppose the granting of the revised TCEQ Water Discharge Permit WQ003511000 to Dos Republicas.

During discussion, County Judge Saucedo stated “We do have a different Commissioners Court now and we do have a new member. So, in order for me to deal with the attorneys I need authorization from Commissioners Court to go ahead and go forth. I know we can still work with [attorney David] Frederick on this issue but I can’t take it upon myself to go ahead and continue unless the Court allows me to do so.”

Judge Saucedo added “I will tell you where I stand. I stand where I have always stood. I’m here for the people of this community. As you know, we opposed it as a Court and we remain opposed. I know that there is a member that no longer agrees with the fact that we should go forward, but I am of the opinion that we need to contest it. I don’t know how you all feel, but this is something that we need to have a discussion about it, where we are at.”

Commissioner Jerry Morales stated that his position remains the same since day one, he opposes the coal mine.

Newly elected Commissioner Rosy Cantu requested a clarification of the agenda item so she could give her Precinct 2 constituents a voice and vote on this important issue facing Maverick County. Judge Saucedo explained the current status of the TCEQ permit hearing and the County’s previous position at this hearing. Judge Saucedo noted that Commissioners Court needed to take action on the new TCEQ hearing scheduled for January 22nd for Maverick County to participate, be represented by attorney David Frederick, and continue its opposition to the permit and Dos Republicas coal mine. Judge Saucedo asked if any Commissioner wished to make a motion and Commissioners Rosales made the motion and Commissioner Morales seconded it. Commissioners Court approved the motion on a 4-1vote.