“In attempting to address the application deficiencies, the applicant took over 15 months, well beyond the 75-day limit that TCEQ rules impose,” SPOD says. “When it became clear that the applicant was unable to timely comply with the request for additional information, the ED (executive director) 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.”

“The applicant has taken an unreasonably extensive amount of time simply to submit all of the required information for a land-use determination,” SPOD says. “The ED’s staff has had to do extensive work with the applicant, much more than TCEQ rules contemplate and much more than TCEQ’s budget can tolerate. The staff has, in effect, prepared the application. So now, after the long drawn out negotiation, the ED is willing to defend its compromise with the applicant, even though the compromise does not satisfy TCEQ’s rules.”

See the entire SPOD Motion to the TCEQ in the “Letter Library” or here …

May 7th,  at 10:00 AM.

The meeting is “to receive public input relative to an ordinance designating the boundaries of an area within Guadalupe County, Texas wherein the disposal of municipal or industrial waste will be allowed.”

The meeting is at the Justice Center,  211 W. Court St., Seguin.

So WHY did the TCEQ send a letter to POCG stating that application permit parts 1 and 2 are “technically complete” in POCG’s bid to place a landfill over a recharge zone of one of the largest fresh water aquifers in the state of Texas? [Letter to POCG from TCEQ dated 4-4-2013]

When Judith Zaffirini, State Senator District 21, charged to protect the interests of families in her district “opposes the site”. [Letter from Judith Zaffirini to Bryan Shaw (Chair and member of the TCEQ) dated 10-18-12]

When John Kuempel, State House of Representatives District 44, states that an ‘overwhelming majority of citizens, landowners and water authorities located in Guadalupe County and surrounding counties have raised significant concerns with the permitting’ and writes that he expresses ‘adamant opposition’.  [Letter from John Kuempel to Zac Covar (Executive Director of the TCEQ) dated 8-23-12]

When the Schertz-Sequin Local Government Corporation states that that they are ‘opposed to the proposed landfill because of its location over the recharge zone of the Carrizo/Wilcox Aquifer’, and states that the site is ‘unsuitable for a landfill’.  [Letter from Schertz-Sequin to Zac Covar (Executive Director of the TCEQ) dated 07-2-12]

When the the City of Sequin opposes the landfill and states ‘a reliable source of public water supply defines the county’s most immediate interest.’  [Resolution 2012R-74 dated 7-16-12]

When Guadalupe and Wilson County opposes the landfill  stating in a resolution that ‘the proposed landfill may pose a threat to both quality and long-term availability of groundwater as a reliable source of publicly supplied water’ [Guadalupe County Resolution No.06262012-5-H dated 6-26-12] [Wilson County Resolution dated 8-13-12]

When Alamo Area Council of Governments withdraws its support of the landfill [Letter to Zak Covar (Executive Director of TCEQ) dated July 6, 2012].

When the Guadalupe County Groundwater Conservation District charged with protecting the water resources in Guadalupe County asks the TCEQ to ‘return the application for a land use compatibility decision’ and ‘avoid the further wasting of the important public resources of the TCEQ, Canyon Regional Water Authority, Schertz/Sequin Local Government Corp, Springs Hill Water Supply, City of Sequin, Guadalupe County, our district and other key stakeholders’ [Letter to Zak Covar (Executive Director of the TCEQ) dated 7-3-12]

When the San Antonio Water System states that ‘it presents a significant potential risk to the municipal and domestic water supplies being developed in the area’.  [Letter to the TCEQ dated 10-31-12]

When Canyon Regional Water Authority clearly states that the Landfill is above the upper Wilcox Aquifer, that the proposes site that had previous drilling activity creating an added danger, the landfill is located near the Manford Fault and the surface hydraulic process, particularly the overland flow into Nash Creek arising out of landfill provides another potential source of pollution into the recharge zone. [Letter Zak Covar (Executive Director of the TCEQ) dated 7-3-2012]

We urge the citizens of Texas to ask the WHY our water is not being conserved and protected.

Want a help.  Tell your state representative what you think about the TCEQ decision.  Call or write.  You can find the contact information to your state representatives at the following website:

http://www.fyi.legis.state.tx.us/Home.aspx

The application will be contested.

http://seguingazette.com/article_87e1033a-51fb-11e2-8867-0019bb2963f4.html

There where 46 comments from the TCEQ to POCG.

The third NOD can also be found in our letter library at http://stoppostoakdump.files.wordpress.com/2012/03/tceq-third-notice-of-deficiency-09-04-123.pdf

From the Gonzales Cannon – http://www.gonzalescannon.com/node/10782

Despite being provided with the opportunity to respond to two separate Notices of Deficiency (NODs), the material submitted by Post Oak Clean Green, Inc. (Post Oak) still lacks sufficient completeness and clarity for the Executive Director, or the public, to meaningfully evaluate whether the proposed landfill will endanger the health, welfare, environment, or physical property of nearby residents. For this reason, SPOD hereby requests that the Executive Director return the materials submitted by Post Oak pursuant to 30 TAC § 330.57(d).1 SPOD believes the return of the application to be further justified by the expansion of the permit boundary requested in Post Oak’s July 24th response to the Executive Director’s Second NOD.”

From the SPOD letter to the TCEQ dated August 20, 2012.  You can find a copy in our letter library at http://stoppostoakdump.files.wordpress.com/2012/03/spod-comments-to-tceq-08-20-12.pdf

As you are aware, an overwhelming majority of citizens, landowners and water authorities located in Guadalupe County and surrounding counties have raised significant concerns with the permitting of the Post Oak Landfill.

With the proposed location of the landfill situated above the Carrizo-Wilcox Aquifer, preservation of this reliable source of Water supply is absolutely imperative”

From the letter to Zac Covar, Executive Director of the TCEQ.

Seguin Gazette:  Kuempel opposes landfill  http://seguingazette.com/opinion/letters_to_editor/article_6a526058-ef1c-11e1-93db-001a4bcf887a.html

Blackwell explained that the corporation’s application called for stormwater detention ponds north and south of the landfill.” 

From the Seguin Gazette – Proposed site of landfill will see changes  http://seguingazette.com/news/article_e281154e-d6ab-11e1-b108-001a4bcf887a.html