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

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