HomeMy WebLinkAbout24-2480ORDINANCE NO. 24-2480
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL
CORPORATION, AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO
PROTEST TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (“TPDES”)
PERMIT APPLICATIONS FILED WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY (“TCEQ”), OR ITS SUCCESSOR AGENCY, THAT
SEEK TO DISCHARGE TREATED WASTEWATER INTO DENTON WATERSHEDS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, due to accelerated growth in the City of Denton and the region, the City has observed
an increase in the rate of TPDES permit applications for small, localized water reclamation plants;
and
WHEREAS, current or proposed water reclamation plants may produce lower quality effluent
than would otherwise be produced by the City pursuant to its 2023 Wastewater Master Plan and
its discharge permits; and
WHEREAS, new or amended TPDES permits may allow discharges that impact stormwater
management in the City and the region; and
WHEREAS, wastewater regionalization through connection to larger, regional wastewater
systems provides efficiencies of scale, more opportunity for reuse, and better controls for the
impact of increased wastewater flows in the City and the region; and
WHEREAS, to best preserve its ability to protest, the City of Denton must file a hearing request
with TCEQ within the public comment period, which ends 30 days from when TCEQ’s Executive
Director publishes the Notice of Application and Preliminary Decision; and
WHEREAS, in certain circumstances, the City Manager will need to be equipped to expeditiously
protest a permit application; and
WHEREAS, to protect and maintain the integrity of the local watershed and provide for the
orderly management of wastewater, the City of Denton City Manager must have the ability to
efficiently and expeditiously protest TPDES permit applications, as needed; and
WHEREAS, upon filing of a hearing request or otherwise protesting a permit application, the City
Manager or their designee will notify the City Council of the protest details through the creation
and timely submission of an Informal Staff Report (“ISR”); and
WHEREAS, the City Council finds that the delegation of its authority to the City Manager or their
designee under this Ordinance will lead to the efficient implementation of City initiatives
conducted pursuant to the policies and direction of the City Council; and
WHEREAS, the City Council finds that it is in the public interest to delegate authority to the City
Manager or their designee to protest TPDES permit applications filed with TCEQ, or its successor
agency, that seek to discharge treated wastewater into Denton watersheds.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations contained in the preamble of this ordinance are incorporated herein
by reference as findings of the City Council.
SECTION 2. The City Council hereby authorizes the City Manager or their designee to take such
actions as they find reasonable and appropriate to accomplish the intents and purposes of this
ordinance to protest TPDES permit applications filed with TCEQ, or its successor agency, that
seek to discharge treated wastewater into Denton watersheds.
SECTION 3. Upon protesting a permit application, the City Manager or their designee shall notify
the City Council of the protest details through the creation and timely submission of an Informal
Staff Report.
SECTION 4. Any provision of any prior ordinance of the City which conflicts with any provision
of this ordinance is hereby repealed to the extent of the conflict, but all other provisions of the
ordinance of the city which are not in conflict with the provisions of this ordinance shall remain in
full force and effect.
SECTION 5. This ordinance shall become effective immediately upon its passage and approval.
The motion to approve this ordinance was made by Vicki Byrd and seconded by Brandon Chase
McGee.
The ordinance was passed and approved by the following vote [ 7 – 0 ] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
X
X
X
X
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 7th day of January, 2025.
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ATTEST:
LAUREN THODEN, CITY SECRETARY
BY:%uce,bbl
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY