Resolution 2021-46 ' RESOLUTION NO.2021-46(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, IN OPPOSITION TO THE PROPOSED DOMESTIC
WASTEWATER TREATMENT FACILITY PERMIT APPLIED FOR BY
RESTORE THE GRASSLANDS LLC AND HARRINGTONITURNER
ENTERPRISES, LP IN COLLIN COUNTY, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas being located within Collin County and adjacent to the
eastern border of Parker,Texas; and
WHEREAS,the City of Wylie has become aware of an application by Restore the Grasslands LLC
and Harrington/Tumer Enterprises, LP to the Texas Commission on Environmental Quality("TCEQ")for
a proposed Texas Pollutant Discharge Elimination System Permit No. W00016003001 (EPA I.D.No. TX
0 14138 1)to discharge treated wastewater at a volume not to exceed a daily average flow of 200,000 gallons
per day; and
WHEREAS, this domestic wastewater treatment facility is proposed to be located 0.4-mile
northwest of the intersection of North Murphy Road and Rolling Ridge Drive, in Collin County, which is
located in the extraterritorial jurisdiction of Parker,Texas and approximately 1.06 miles from a residential
subdivision within the City of Wylie;and
WHEREAS,according to the August 25,2021,Notice of Receipt of Application,which is attached
as Exhibit 1 and incorporated herein, "the discharge route will be from the plant site to Maxwell Creek,
' hence to ...:'; said Maxwell Creek flows near the boundaries of and through portions of the City of Wylie
and any inadequately treated wastewater within such creek will adversely affect the public health, safety
and quiet enjoyment of the citizens and visitors of Wylie; and
WHEREAS, the City of Wylie has concern regarding quality of water to be discharged from the
proposed wastewater plant and adverse impacts on recreational activities of the residents of Wylie, and
therefore Wylie stands opposed to this new wastewater treatment facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Resolution as if
fully set forth herein.
SECTION 2: That the City Council of the City of Wylie is opposed to the discharge by this
potential wastewater treatment facility into Maxwell Creek.
SECTION 3: That the City Council of the City of Wylie stands in support of its sister cities,
including Murphy and Parker, and adjacent homeowners and business owners who stand in opposition to
this new wastewater treatment facility.
SECTION 4: That the City Council of the City of Wylie requests the TCEQ to add the City to
its mailing list regarding this matter and to accept this resolution as public comment on the proposed permit.
SECTION 5: This Resolution shall take effect immediately from and after its passage.
Resolution No.2021-46(R)Resolution Opposing Wastewater Plant Page 1 of 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, '
TEXAS on this 14th day of December,2021.
D.
atthew Porter,Mayor
ATTESTED AND CORRECTLY
RECORDED:
Stephanie Storm,6ity Se tary
Resolution No.2021-46(R)Resolution Opposing Wastewater Plant Page 2 of
Exhibit 1
' TFxAS COMMISSION ON ENVIRONMENTAL QUALPI'Y
(9
NOTICE OF RECEIPT OF APPLICATION AND
INTENT TO OBTAIN WATER QUALITY PERNIIT
PROPOSED PERMIT NO.WQooi6003001
APPLICATION.Restore the Grasslands LLC and Harrington/Turner Enterprises, LP;48o1
West Lovers Lane,Dallas,Texas 75209,have applied to the Texas Commission on
Environmental Quality(TCEQ)for proposed Texas Pollutant Discharge Elimination System
(TPDES) Permit No.WQoo16003ooi(EPA I.D.No.TXo141381)to authorke-theidisscharge of
treated wastewater at a volume not to exceed a daily average flow of 2oo,000 gallons per day..
The domestic wastewater treatment facility will be located approximately 0.4 mile northwest of
the intersection of North Murphy Road and Rolling Ridge Drive,in Collin County,Texas 75002.
The discharge route will be from the plant site to Maxwell Creek;thence to Muddy Greek;thence
to Lake Ray Hubbard.TCEQ received this application on May 26,2021L The permit application
is available for viewing and copying at Rita&Truett Smith Public library,300 Country Club
' Road, #300,Wylie,Texas.This link to an electronic map of the site or facility's general location
is provided as a public courtesy and not part of the application or notice.For the exact location,
refer to the application.
httos-.//tceq maps.arcds.com/apes/webWviewer/index.hbnl?id=dbSbac"afbr468bbddd�6of
81682�of8anarker=-g6.616�88%2Qz-1.o41666&1evel=12
ADDITIONAL NOTICE.TCEQ's Executive Director has determined the application is
administratively complete and will conduct a technical review of the application. After technical
review of the application is complete,the Executive Director may prepare a draft permit and will
issue a preliminary decision on the application.Notice of the Application and Prelimin,ary
Decision will be published and mailed to those who are on the county-wide mailing
list and to those who are on the mailing list for this application.That notice will
contain the deadline for submitting public comments.
PUBLIC COMMENT/PUBLIC MERE iN(3_You may submit public comments or
request a public meeting on this application.The purpose of a public meeting is to
provide the opportunity to submit comments or to ask questions about the application.TCEQ
will hold a public meeting if the Executive Director determines that there is a significant degree
of public interest in the application or if requested by a local legislator.A public meeting is not a
contested case hearing.
OPPORTUNITY FOR A CONTESTED CASE HEARING.After the deadline for submitting
public comments,the Executive Director will consider all timely comments and prepare a
response to all relevant and material,or significant public comments.Unless the application
is directly referred for a contested case hearing,the response to comments,and
' the Executive Director's decision on the application,will be mailed to everyone
who submitted public comments and to those persons who are on the mailing list
Resolution Number 21-R-1007-Page 3 of 5
Exhibit 1
for this application.Hcomments are received,the mailing will also provide '
instructions for requesting reconsideration ofthe Executive Director's decision
and for requesting a contested case hearing.A contested case hearing is a legal
proceeding similar to a civil trial in state district court.
TO REQUEST A CONTESTED CASE HEARING,YOU MUST INCLUDE THE
FOLLOWING ITEMS IN YOUR REQUEST:your name, address,phone number;
applicant's name and proposed permit number;the location and distance of your
property/activities relative to the proposed facility;a specific description of how
you would be adversely affected by the facility in a way not common to the general
public; a list of all disputed issues of fact that you submit daring the comment
period and,the statement"[I/we]request a contested case hearing."Ifthe request
for contested case hearing is filed on behalf of a group or association,the request
must designate the group's representative for receiving future correspondence;
identffyby name and physical address an individual member of the group who
would be adversely affected by the proposed facility or activity;provide the
information discussed above regarding the affected member's location and
distance from the facility or activity;explain how and why the member would be
affected; and explain how the interests the group seeks to protect are relevant to
the groups purpose.
Following the close of all applicable comment and request periods,the Executive Director will
forward the application and any requests for reconsideration or for a contested case hearing to
the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
The Commission may only grant a request for a contested case hearing on issues the requestor '
submitted in their timely comments that were not subsequently withdrawn.If a hearing is
granted,the subject of a hearing will he limited to disputed issues offset or mixed
questions of fact and law rebding to relevant and material water quality concerns
submitted during the comment period.
MAILING LIST. If you submit public comments, a request for a contested case hearing or a
reconsideration of the Executive Director's decision,you will be added to the marling list for this
specific application to receive future public notices mailed by the Office of the Chief Clerk In
addition,you may request to be placed on: (i) the permanent mailing list for a specific applicant
name and permit number;and/or(2)the mailing list for a specific county.If you wish to be
placed on the permanent and/or the county mailing list,clearly specify which list(s) and send
your request to TCEQ Office of the Chief Clerk at the address below.
INFORMATION AVAILABLE ONLINE.For details about the status of the application,visit
the Commissioners'Integrated Database at wwwteeci.texas.gov/goto/cid Search the database
using the permit number for this application,which is provided at the top of this notice.
AGENCY CONTACTS AND. INFORMATION. Public comments and requests must be
submitted either electronically at §;//wwwratceg texas.gov/epic/eComment/. or in writing
to the Texas Commission on Environmental Quality,Office of the Chief Clerk, MC-1o5, P.O.Box
13087, Austin, Texas 78711-3o87. Please be aware that any contact information you provide,
including your name, phone number, email address, and physieal address will become part of
the agency's public record. For more information about this permit application or the permitting
process, please call the TCEQ Public Education Program, Toll Free, at 1-800-687 4040 or visit '
Resolution Number 21-R-1007-Page 4 of 5
Exhibit 1
' their website at www.tcegtexas.gov/goto/pep.Si desea informacon en Espanol,puede llamar al
1-800-687-4o4o.
Further information may also be obtained from Restore the Grasslands LLC and
Harrington/Turner Enterprises,LP, at the address stated above or by calling Ms.Asbley
Broughton,P.E., Project Manager, LJA Engineering,Inc., at 713-380-4431. "
Issuance Date:August 25, 2021
1
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Resolution Number 21-R-1007-Page 5 of 5
COMMENTS FILED BY ATTORNEY FOR CITY OF PARKER '
The undersigned represents the City of Parker, Texas("City" or"Parker")regarding the above-referenced
TPDES permit application("Application").Please accept this letter as the City's notice of its opposition to
the Application submitted by Harrington/Turner Enterprises, LP and Restore the Grasslands, LLC
("Applicants").The City hereby requests a public meeting and a contested case hearing on the Application.
In accordance with the Notice of Receipt of Application and Intent to Obtain Water Quality Permit, the
City provides the following information:
1. Your name, address,phone number:
The City may be notified of any developments in this case by providing notice to:
Arturo D.Rodriguez,Jr.
Russell Rodriguez Hyde Bullock,LLP
1633 Williams Drive, Suite 200
Georgetown,Texas 78628
2. Applicants' information:
Harrington/Tumer Enterprises, LP and Restore the Grasslands, LLC for Proposed Permit No.
W00016003001.
3. The location and distance of your property/activities relative to the proposed facility:
The property to be served by the proposed W WTP is approximately 1/2 mile to the City's collection
system. The served property is within the City's extraterritorial jurisdiction and adjacent to the
City's corporate limits. '
4. Specific description of how you would be adversely affected by the facility in a way not common
to the general public:
The City has a contract with North Texas Municipal Water District("District")wherein the District
accepts and treats wastewater collected by the City. The City's current contract with the District
would allow flows from the Applicants'property to be collected by the City and the District without
the necessity of another point source of pollution in the area.
The City is concerned with the discharge parameters for the size and quality of inflow to the
proposed W WTP. The City is concerned with the nutrient limitation parameters of the discharge.
Without an appropriate nutrient limitation, the City is concerned that nuisance conditions will be
created. The City is concerned that all pertinent stream conditions will not be considered in
developing the effluent limitations. The City is particularly concerned that the effluent from the
Applicants' plant will significantly degrade water quality in the receiving waters and negatively
impact aquatic life and terrestrial wildlife species. Because of the groundwater resources in the
area, there is heighten importance in ensuring that the effluent limitations in the final permit
adequately protect local groundwater resources.
The discharge from the W WTP will find its way to waters that are used for recreational use and are
a major attraction for the area. The economic and recreational implications of a poorly run plant
are huge. Further,the City is concerned that the public's ability to enjoy the receiving stream and
all points downstream will be negatively affected by the permit. The City is concerned that the '
permit will impact negatively the health and welfare of residents near the facility.
' The City is concerned that inflow mixed with wastewater could contain dangerous constituents that
may not be removed given permit parameters in the application.
The City believes Applicants' proposed discharge is in direct violation of the Texas Water Code.
Quite frankly,the City is concerned that the Application does not fully comply with all of TCEQ's
applicable technical regulations. Further, the City is concerned that the Application violates the
State's policy on regionalization.The City has expended a large sum of public money on facilities
near the development which can easily,economically,and reasonably be connected to a centralized
system already in existence. The compliance history and operating data of the operator raises
concerns about its ability to operate the W WTP.Further,the City is concerned with the veracity of
the statements made in the application.
The discharge authorization being sought by Applicants will endanger public health and the
environment.Thus,the City protests the entirety of the application and seeks further time to review
it.
The City has sufficiently demonstrated that it is adversely affected by the Application in a manner
that is not common to the general public and must be granted party status in this case.
5. The City requests a public meeting and a contested case hearing on the Application.
The City reserves the right to raise and pursue any and all issues that may be relevant to their
' interests in the event of a contested case hearing.
1
1
��T tyOF'
11.lyl4� Z ,
SENATOR ANGELA S. PAXTON
DISTRICT S
September 24,2021
Ms.Laurie Gharis
Chief Clerk,MC-105
Texas Commission on Environmental Quality
P.O.Box 13087
Austin,TX 78711
Re: Proposed Texas Pollutant Discharge Elimination System(TPDES)Permit No.
WQ0016003001
Dear Ms.Gharis,
I have received the notice from the Texas Commission on Environmental Quality (TCEQ)
regarding a proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No.
WQ0016003001 as applied for by Restore the Grassland LLC and HarringtonglTumer Enterprises '
LP. This proposed permit is for a wastewater treatment facility to be located near the northwest
comer of the intersection of North Murphy Road and Rolling Ridge Drive in Collin County.
I am requesting the TCEQ hold a public meeting regarding this permit in the community with
TCEQ representatives in attendance.
Thank you for your consideration of this request. You may contact Kelly Griggs-Bell or Randy
Samuelson in my Capitol office if you have questions.
Blessings,
arA
Angela Paxton
Texas State Senator,District 8
cc: Intergovernmental Relations Division via e-mail
ComnuTlsrs:
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CANDY NOBLE
STATE REPRESENTATIVE,DISTRICT 89
REVIEWED fty?
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September 15,2021 _� — z
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a �y�
Ms.Laurie Gharis
Chief Clerk,MC-105 r 9 z�
Texas Commission on Environmental Qualitym _ i�
P.O.Box 13087 '
Austin,Texas 78711
Re: Proposed Texas Pollutant Discharge Elimination(ROES)Permit No.W00016003001
Dear Ms,Gharis,
I am in recelpt of the Texas Commission on Envimnmental Quality(TCEQ)notice that Restore the
Grassland LLC and Harrington/Turner Enterprises,LP,has applied for the above referenced permit for a
' waste water treatment facility to he located approximately0.4 mile northwest of the Intersection of
North Murphy Road and Rolling Ridge Drive In Collin County.
As the state representative for the affected area,I would like to request that a public meeting be held in
the commun'11y,with representatives from TCEQ In attendance.
Thank you for your consideration of this request. Please let me know if l may answer any questions.
Slnccerely
''j *
Candy Noble
State Representative,District 89
CAPITOL:PO.PDX 2910•AUSTIN,Tx 79768 2910•512-463-0136•DISPRICD 2W N.MURPHY ROAD.MURPHY.Tx 75094•972-4154542
CANDTNORLEOHOUSE.TEXAS GOV
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