March 6th – 20 Feet from Aquifer!

POCG (Permit Applicant) admitted to the 400 people in attendance at the TCEQ Public Meeting on March 6, 2014 that after the excavation of 40 to 60 feet (the required digging into the earth to expand the area of useable trash disposal space and create a trash ‘basin’) that the bottom of the landfill will be 20 feet from the aquifer in a recharge zone.   See THIS YouTube Video of the TCEQ Public Meeting March 6th starting at the 9:30 (9 minutes and 30 seconds) to watch POCG’s Geologist answer the question.

This landfill is only “20 FEET FROM DISASTER”!

Posted in Meetings

Video of TCEQ Public Meeting March 6th

The TCEQ public meeting on March 6th was videoed and is posted on YouTube.  There are seventeen under 15 minute videos that can be seen at the following address.  We want to send our thanks to Zobkiew for posting the videos.

YouTube Link to Zobkiew’s Video of TCEQ Pubic Meeting

Posted in Video

TCEQ Issues New Notice of Deficiency Letter to POCG

February 26 2014 – TCEQ Notice of Deficiency Letter to Post Oak Clean Green Inc

Over 110 issues for POCG to resolve on permit application parts 3 and 4. AND there are also still significant issues related to application parts 1 and 2. How is this possible since it is technically complete? 

Posted in Letters

Post Oak Dump Intends Get Permit

The Texas Commission on Environmental Quality (TCEQ) received Parts III and IV of the application for permit on October 14, 2013.  These parts have been consolidated with the pending application addressing land use, and the entire application is now being considered by the TCEQ as a complete application.

The proposed facility is located at 7787 FM 1150, Seguin, Guadalupe County, Texas 78155:  on FM1150 and Dix Rd. Traffic to the dump would be from IH10 to FM1104 to FM1150 or IH10 to Hwy 80 to FM1150. The dump itself would cover about 350 acres on a 1125 acre tract.

The TCEQ’s Executive Director has determined the application is administratively complete and is in the process of conducting a technical review of the application.  After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application.

Posted in Articles

Guadalupe County Regional Mayors Join Opposition

“The Guadalupe County Regional Mayor’s Association hereby finds that is in their best interest to join the opposition to the Post Oak Clean Green Landfill by this resolution.”

Copy of full resolution here

Mayor, Don Keil, City of Sequin, Mayor, Gale Pospisil, City of New Braunfels – Mayor, Gilbert Merkle, City of New Berlin – Mayor, Michael Carpenter, City of Schertz – Mayor Tom Daly, City of Selma – Mayor, Jennifer Hartman, City of Cibolo – Mayor Glen Hild, City of Marion – Mayor, Jeff Hunt, City of Santa Clara – Mayor, Eddie Daffern, City of Staples

SPOD thanks and supports these Mayors!  Please support them with your votes!

Posted in Articles

Senators Campbell and Zaffirini Voice Joint Opposition

AUSTIN– Senator Donna Campbell and Senator Judith Zaffirini issued a joint statement in opposition to the proposed Post Oak Landfill in Guadalupe County east of Seguin in Senator Zaffirini’s district.

Though the site is not in Senator Campbell’s geographical district, she has expressed concerns regarding contamination of her constituents’ water supply.

 “Due to the landfill’s location over the recharge zone of the Carrizo-Wilcox Aquifer system and the danger of rapid contamination posed by abandoned oil wells in the area, I must oppose this project,” Sen. Campbell stated. “Though the proposed site for the landfill is not in my district, many of my constituents depend on water from the aquifer and I believe it poses a threat to public safety.”

 “I believe it is vital that controversial projects such as this be hosted by supportive communities that consider them economic development, not in areas in which they are opposed strongly,” Senator Zaffirini said. “I am against this project because of widespread opposition from Guadalupe County residents and elected officials, whose concerns I share.”

 “Many of the concerns expressed relate to the integrity of the Carrizo-Wilcox aquifer,” Senator Zaffirini added. “Tom Melville, former District Director of the Texas Railroad Commission, has expressed strong opposition to the Post Oak Dump because unplugged oil and gas wells in the area could result in groundwater contamination. If such contamination were to occur, any runoff from the landfill would go directly into Nash Creek, which flows into the Guadalupe River. This could jeopardize the public health, safety and welfare of downstream users by polluting the drinking water supply and making the water unsafe for recreation, livestock and wildlife.”

Both senators noted that it is vital that a contested case hearing be set prior to the remaining sections of the permit being approved.

Posted in Letters

TCEQ Reconsider

Seguin Gazette  — “Landfill foes want TCEQ to reconsider”

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

Posted in Articles