Nonmunicipal Domestic Wastewater Treatment Facility/Pulaski County Improvement District: Request for Hearing/Adjudicatory Review Filed Before the Arkansas Pollution Control & Ecology Commission Challenging Permit

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Three Requests for Hearing and Adjudicatory Review (“Requests”) have been filed before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) challenging a nonmunicipal domestic wastewater treatment facility discharge permit issued to the Pulaski County Property Owner’s Multipurpose Improvement District No. 2021-2 (“District”) by the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”).

The Requests were filed by:

  • Pinnacle Mountain Community Coalition (“PMCC”) and Christina Centofante (filed July 13th)
  • Barbara Ann (Barbie) and Roger Henley; Cheryl and Scott Stubenrauch; Noelle and Stanley Butski; Christina Centofante; John and Cheryl Killingsworth; Randall and Cynthia Van Den Berg; Mary Katherine and Heath Henderson; Robbie and Bridget Hudson; Dale and Tonya McDaniel; Clayton and Miranda Moore; Meredith Hawkins; Al Drinkwater; Pinnacle Mountain Community Coalition (filed July 14th)
  • Maumelle Water Corporation (filed July 14th)

The PMCC Request states that PMI, Inc. submitted an initial permit application to DEQ for a facility that would be titled Saddler Ranch Subdivision WWTP. The permit application is stated to have sought approval to discharge from a package plant to an unnamed tributary of Mill Bayou, then to Mill Bayou from 200 homes at a rate of 30,000 to 50,000 gallons per day. However, the Request indicates that later information from subsequent applicants sought a permit to serve 300 homes.

The Requests alleged legal issues that include:

  • Antidegradation violation
  • Failure of DEQ to properly respond to comments
  • Did not address water quality criteria/specific terms
  • Financial planning
  • Trust fund, five-year plan and local planning
  • Compliance issues
  • Permit transfer
  • Operator licensing
  • Operational plan
  • Effects on drinking water
  • Discharge of chlorine into Mill Bayou
  • Limit/testing/reporting requirement for phosphorus
  • Eco-regional standards
  • Flow meter and buffering tanks
  • Flooding
  • Lack of common ownership/control
  • Impact on Maumelle Water Corporation well

Copies of the three Requests can be downloaded below:

Pinnacle Mountain Community Coalition and Christina Centofante

Pinnacle Mountain Community Coalition

Maumelle Water Corporation

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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