Bishop's Lodge wastewater permit process on hold until further action from state Supreme Court
The New Mexico Supreme Court on Monday ordered the state Environment Department to halt its wastewater discharge permit process for Bishop Lodge until justices take further action on a matter that continues to cause spirited debate in Tesuque.
A community group called Protect Tesuque opposes a request by the luxury resort north of Santa Fe for a new permit for its wastewater treatment plant; the group petitioned the court in April to halt the permit process, arguing the Environment Department should apply a more stringent law when considering the request.
A two-day public hearing was held last month on the draft permit as part of the Environment Department's administrative process, drawing numerous people who presented arguments on both sides of the issue. A hearing officer is expected to make a recommendation to Environment Department Secretary James Kenney, who will have the final say.
Bishop's Lodge has built a new plant on its property to treat wastewater and an on-site leach field to discharge the treated effluent. But the plan has drawn sustained pushback from residents concerned about the proximity of the leach field to Little Tesuque Creek.
Protect Tesuque's petition argues the Environment Department should apply the state's liquid waste regulations rather than ground and surface water protections.
The legal argument from Protect Tesuque involves the testing of Bishop's Lodge's discharge for contaminants. The group's attorney, Thomas Hnasko, has argued the Environment Department is applying the 1967 New Mexico Water Quality Act to discharges greater than 5,000 gallons a day, rather than the 1971 Environmental Improvement Act.
Bishop's Lodge representatives argue the resort's plan to use the leach field is environmentally sound and will comply with state and federal environmental standards. Treated water will be used for irrigation on the property during parts of the year.
The state filed a motion asking the Supreme Court to dismiss Protect Tesuque's "request for stay."
Legal counsel for the Environment Department could not be immediately reached for comment Monday evening.
Jorge Armando Estrada, a spokesperson for the Environment Department, wrote in a previous email, 'The New Mexico Environment Department remains confident in its legal position that Bishop Lodge's wastewater treatment system is subject to state ground and surface water quality regulations. NMED has consistently found that the facility meets or exceeds all applicable state water quality standards."
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