An administrative law judge in Austin has recommended that the Texas Commission on Environmental Quality deny an application for a permit to dump treated wastewater into Maxwell Creek in Parker and Murphy.

Restore the Grasslands, LLC, and Harrington/Turner Enterprises, LP, had sought Permit No. WQ001600301 to build a wastewater plant serving a new housing development on 100 acres of land in Parker’s extra-territorial jurisdiction. The plant would discharge up to 200,000 gallons of wastewater per day into the creek that flows into central Murphy.

Administrative Law Judge Rebecca Smith with the State Office of Administrative Hearings conducted an evidentiary hearing from Feb. 7-9 and issued a Proposal for Decision on Thursday, April 27.

Smith recommended the commission deny the application and issue an order requiring the applicants and the North Texas Municipal Water District to come to agreement on terms for providing wastewater service. If they cannot do so, the judge said the commission should decide on those terms. Alternatively, the judge recommended granting the application, with the addition of special conditions related to installation of carbon scrubbers and a partial enclosure of the plant that were agreed to during the hearing. No date has been set for the commission to consider the judge’s proposal