TCEQ Delays Request for CS Private LandfillFeatured Stories, News Thursday, January 31st, 2013
A proposed private landfill west of College Station remains on hold.
The Texas Commission on Environmental Quality (TCEQ) unanimously voted Wednesday to send the applicant and opponents to a judge and to mediation.
Commissioner Chairman Bryan Shaw of Elgin says landfill opponents were eligible to have a contested case hearing.
More than 160 property owners have organized a group calling itself Concerned Citizens for Safety, Health,and Justice (CCSHJ).
CCSHJ is against a landfill at the Brazos Valley Recycling operation located off of FM 60 west of Highway 47. BVR filed its original application in June 2011 to deposit construction and demolition debris.
The commission called for the hearing and mediation process to take no longer than nine months, and the commission will deny all requests for reconsideration.
TCEQ’s Office of Public Interest Counsel (OPIC) recommended 13 issues sought by landfill opponents be investigated. The commission agreed to nine, including:
(1) Whether the proposed landfill is located in a 100-year floodplain;
(2) Whether the application and draft permit include adequate provisions to protect groundwater and surface water;
(3) Whether the existing roads are adequate to accomodate traffic fron the landfill;
(4) Whether the landfill would be incompatable with land use in the surrounding area;
(5) Whether the applicant provided public notice in compliance with TCEQ rules;
(6) Whether the landfill would be incompatable with the Brazos Valley Council of Governments approved regional solid waste management plan;
(7) Whether the application and draft permit include adequate provisions to prevent dust nuisances and control dust pursuant to the requirements in Texas Administrative Code section 330.15(a)2 and chapter 330 subchapter d.
(8) Whether the application and draft permit include adequate provisions to prevent erosion and control drainage, and
(9) Whether visual screening is needed for the proposed facility pursuant to Texas Administrative Code section 330.175.
The four issues recommended by the OPIC that were not part of the commission’s vote were:
(1) Whether air emissions from the proposed facility will cause or contribute to a condition of air pollution;
(2) Whether the draft permit’s closure and post-closure requirements are sufficient to safeguard human health, welfare, and physical property and protect the environment;
(3) Whether the proposed facility’s liner is adequate to safeguard human health, welfare, and physical property and protect the environment; and
(4) Whether the proposed facility violates environmental justice principles or the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
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