HomeMy WebLinkAbout2026-058 Texas Pollutant Discharge Elimination System Permit ProtestSeptember 18, 2026 Report No. 2026-058
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
The City’s Protest of Baruch Atah LLC’s Texas Pollutant Discharge Elimination System (TPDES)
Permit (ID WQ0016921001) for its Cole Ranch Wastewater Treatment Plant.
BACKGROUND:
The City Manager, or their designee, is authorized to protest TPDES permit applications in
accordance with the City’s TPDES Delegation Ordinance (Ordinance 24-2480). Baruch Atah, LLC
is the property owner of Sunnybrook, a proposed 2,727 lot development planned by TCCI Land
Development. Sunnybrook is located approximately 8 miles northwest of the Interstate 35 and US
Highway 380 intersection and within Denton’s extraterritorial jurisdiction 2 (ETJ 2).
On December 30, 2025, Baruch Atah, LLC., filed an application for a TPDES permit. The Texas
Commission on Environmental Quality (TCEQ) published the Notice of Receipt of Application
and Intent to Obtain Water Quality Permit on February 6, 2026. TCEQ completed its technical
review of the permit application, and on August 5, 2026, issued a Notice of Application and
Preliminary Decision, along with a draft permit. Notice was published in the Denton Record
Chronicle on August 15, 2026. The deadline to submit comments and request a contested case
hearing was September 14, 2026.
After staff review of the draft permit, the City filed comments and a request for a contested case
hearing. The comments and hearing request were filed on September 14, 2026. Specifically, the
City argued:
• The proposed permit is not protective of water quality;
• The Applicant failed to meaningfully consider regionalization under state law;
• The Applicant has not demonstrated their need for the proposed permit;
• The Applicant failed to satisfy the public involvement plan requirements; and
• The Applicant failed to meet the sludge and biosolids management and disposal
requirements.
The potential impact of this permit to the City involves water quality in the watershed and in
Lewisville Lake, one of Denton’s drinking water supply sources.
DISCUSSION:
The next steps following the City’s submission of its protest letter are:
• TCEQ Review – TCEQ staff evaluate the application, public comments, and any technical
or legal issues.
• Responses to public comments are issued by the TCEQ Executive Director.
• Hearing Referral – The TCEQ Commissioners determine whether hearing requestors are
“Affected persons” entitled to hearing. If there are “Affected persons,” the Commissioners
September 18, 2026 Report No. 2026-058
will grant a hearing to those persons and refer the matter to the State Office of
Administrative Hearings (SOAH), with a list of issues for review.
• SOAH Hearing – The SOAH Administrative Law Judge conducts the hearing, considers
evidence, and issues an opinion.
• Final Determination – The TCEQ Commissioners consider whether to issue the permit
based on the hearing outcome and other regulatory requirements.
Staff will keep City Council informed of status updates.
ATTACHMENTS:
Baruch Atah (WQ0016921001) Protest Letter 14-Sep-2026
STAFF CONTACT:
Denis Qualls
Assistant General Manager, Water Utilities
Denis.qualls@cityofdenton.com
REQUESTOR: Staff Initiated
STAFF TIME TO COMPLETE REPORT: 2.0 hours
PARTICIPATING DEPARTMENTS: Water Utilities Administration