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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