Seguin Gazette — “Landfill foes want TCEQ to reconsider” http://seguingazette.com/news/article_53664c84-b2b6-11e2-8c38-001a4bcf887a.html
On December 20, 2011, Post Oak Clean Green filed its Application for an abbreviated land-use-compatibility determination to determine if the site that its principle owner has owned in GuadalupeCounty for a number of years is an appropriate site for a municipal solid waste landfill. The site is questionable because of a number of features. It is over the recharge zone of the Carrizo-Wilcox Aquifer system, which provides the drinking and other water for residents, farms, and businesses in GuadalupeCounty and many other counties in Texas. The site is apparently also the failed site of a prior sludge disposal operation. It is in the area of old and extensive oil and gas development. It is near, if not on, a major fault system.
Now, almost a year-and-a-half after the Application was filed, the ED has declared it technically complete. Before being declared technically complete, however, the Executive Director’s staff first had to issue three formal Notices of Deficiencies (NODs) and three supplemental requests for information, which were essentially three additional NODs. In essence, the staff, with the help of SPOD and others, had to identify for the Applicant numerous deficiencies in its Application. In attempting to address these deficiencies, the Applicant took over 15 months, well beyond the 75-day limit that TCEQ rules impose.
SPOD, the Railroad Commission of Texas, and others submitted technical comments that showed the deficiencies in the Application. These comments were initially used by the ED’s staff as a basis for some of the NODs. Later, when it became clear that the Applicant was unable to timely comply with the request for additional information, the ED changed his position regarding the scope of the issues and the need for all of the requested information. The ED apparently decided much of the detail he had previously requested was no longer required.
Now that the Application for a land use compatibility determination has finally been declared technically complete, SPOD seeks reconsideration by the ED or an action by the Commission to reverse the ED’s position on the legal issue of what is required for technical completeness, and relatedly, SPOD requests that the Commission overturn the ED’s preliminary decision regarding the Application. It was error for the ED to declare the Application technically complete when certain essential information—information that is indispensable in determining whether the proposed landfill is compatible with surrounding land uses—was not provided to the ED. In the alternative, if SPOD’s requests for reconsideration and/or reversal are denied, then, SPOD seeks to ensure that a timely hearing is conducted on the Application—that is, only the Application for a land-use-compatibility determination currently on file and that was declared technically complete—with no additional changes to that Application.
See the entire SPOD Motion to the TCEQ in the “Letter Library” or here …