HomeMy WebLinkAboutIR 10707INFORMAL REPORT TO CITY COUNCIL MEMBERS
To the Mayor and Members of the City Council
No. 21-10707
November 16, 2021
Page 1 of 2
SUBJECT: MARY'S CREEK WATER RECLAMATION FACILITY PERMIT
UPDATE
This report provides an update on the status of the Mary's Creek Water Reclamation Facility discharge
permitting process as well information regarding ongoing discussions with the Tarrant Regional Water
District related to this discharge permit. The City Council received a briefing on this proposed facility on
September 28, 2021, and has received previous updates including Informal Reports going back to 2010
(IRs: 9206, 10140, 20-10484, and 21-10622).
On November 3, 2021, TCEQ held a board meeting where the Commissioners considered requests for a
contested hearing and permit reconsideration for the Mary's Creek discharge permit (Docket No. 2021-
1211-WMD).
The Commissioners determined that Ms. Martha Leonard's request for a contested hearing met the
procedural and substantive requirements to be considered an affected party, based on her ownership of
property within one mile of the proposed Mary's Creek discharge. Ms. Leonard's request for a contested
hearing was therefore granted, with the following issues raised by Ms. Leonard referred to the State Office
of Administrative Hearings (SOAH):
1. Whether the draft permit is protective of water quality, including nutrient limits and the existing uses
of the receiving water, in accordance with the Texas Surface Water Quality Standards
2. Whether the draft permit includes adequate provisions to protect the health of nearby residents and
their families and aquatic and terrestrial wildlife
The Commissioners were unable to definitively determine whether TRWD's request for a contested
hearing met the substantive requirements to be considered an affected party, and therefore referred that
issue to SOAH for a determination. If SOAH does determine that TRWD is an affected party, then the
following additional issues will be referred:
3. Whether the draft permit complies with applicable anti -degradation requirements
4. Whether the applicant substantially complied with applicable public notice requirements
The Commissioners further determined that additional contested hearing requests from individuals and
associations did not meet the procedural and substantive requirements and therefore were denied. The
Commissioners also denied the request for permit reconsideration.
The Commissioners set 180 days as the duration for the contested hearing, starting on the date of the
SOAH preliminary hearing and ending when the proposal for the decision has been issued. In addition, the
permit was referred to TCEQ's Alternate Dispute Resolution Program to run concurrent with SOAH's
scheduling process.
City staff have met with TRWD staff in an effort to resolve TRWD's concerns with the draft permit prior to
the preliminary hearing. As part of those discussions, a draft term sheet has been developed, designed to
meet these goals of the two parties:
• Promote/prioritize reuse of reclaimed water
• Meet highest water quality standards for Mary's Creek Water Reclamation Facility effluent
• Encourage development of additional water supply in Tarrant County
• Minimize permitting and litigation expenses of the parties that would be passed on to ratepayers
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS
7.373
To the Mayor and Members of the City Council
No. 21-10707
November 16, 2021
Page 2 of 2
SUBJECT: MARY'S CREEK WATER RECLAMATION FACILITY PERMIT
UPDATE
The draft term sheet includes two general provisions, summarized below:
1. After the Mary's Creek discharge permit has been issued by TCEQ, the City of Fort Worth would:
A. apply for and obtain a reuse authorization from TCEQ for the Mary's Creek effluent
(reclaimed water);
B. design, construct and operate a reuse water pump station, pipeline and tank necessary to
provide Mary's Creek reclaimed water to TRWD's existing raw water pipeline; and
C. provide TRWD with reclaimed water from Mary's Creek in accordance with the TCEQ
reclaimed water quality standards.
First priority for reclaimed water will be to Fort Worth's retail and wholesale customers, and Fort
Worth would commit to supplying TRWD with a minimum of 80% of the remaining effluent
on an annual basis, excluding those periods when the TRWD pipeline is unavailable for use.
2. TRWD would apply for and obtain a discharge permit from the TCEQ for the discharge of
reclaimed water through the existing TRWD raw water pipeline and discharge outlet structure
at Eagle Mountain Lake. TRWD would be responsible for any infrastructure costs necessary to
meet the requirements of their discharge permit issued by the TCEQ. TRWD would be responsible
to execute a reuse contract with Fort Worth, incorporating TCEQ requirements, prior to Fort Worth
being able to provide reclaimed water.
Under this scenario, both Fort Worth and TRWD would be responsible to TCEQ for compliance with their
respective permits and authorizations. It is anticipated that the term of this agreement would be 20 years
and could be extended after 20 years.
Further refinement of this scenario is still a work in progress, and it is anticipated that discussions between
the TRWD and Fort Worth will continue, with TCEQ potentially playing a role through their Alternate
Dispute Resolution Program. It is anticipated that SOAH will establish the date for the preliminary hearing
to occur in January or February 2022.
Should you have any questions, please contact Chris Harder, P.E., Water Director, at 817-392-5020.
David Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS