Chronicle Update On Landfill: TV stations dealt a blow in landfill controversy

Click on this article for the full story!

MCC Exclusive: Blue Ridge Landfill Contested Hearing Begins In Richmond

MCC Exclusive: Blue Ridge Landfill Contested Hearing Begins In Richmond


At 10 am yesterday morning (Tuesday) the contested hearing began in the case of the Blue Ridge Landfill Expansion proposal being advanced by Allied Waste (formerly BFI) lawyers for this billion dollar corporation in Richmond at the commissioners courtroom. This hearing was almost history 6 months ago, but because of the efforts of about a dozen communities in the Missouri City/Fresno/Arcola/Pearland areas and several t.v. stations this permit is undergoing a court-like review by the state.

During the morning session Allied attorneys spent much of their time challenging the viability of witnesses and whether or not they had “effected party status”. Much of the argument stemmed from earlier actions by the company to limit the numbers of parties claiming an environmental and health impact.

In January of ’07 a petition was presented to the TCEQ with nearly 1100 homeowners within a 3-4 mile radius of the landfill. These numbers have been severely restricted as this process moves forward. One individual on the original petition questioned how this could happen, “How can lawyers decide who is effected and who is not, it is almost like thousands of us don’t even exist”.

This hearing was further complicated when it was learned that a 2005 Barium leak may have made it to the areas water table with hundreds of wells in the nearby communities. Barium is a highly toxic nerve agent that poses serious health risks to animals and humans. Additionally, in 2006, it was learned by media sources that Missouri City officials (approved by the current mayor and some on council) and the Fort Bend county commissioners, lead by Bob Hebert and Tom Stavinhoa, had signed a contract with Allied Waste agreeing not to oppose the future expansion of the landfill to the great dismay of many area voters and taxpayers. This was, and has been, defended by current commissioners and city officials because of the controversial “tipping fees” paid by Allied for this “non-opposition”.

Richard Morrison, a Sugar Land attorney, is representing the group and vigorously defended those remaining on the effected party status list. At the hearing, several news and media outlets were present to cover this event. Another hearing is expected to be scheduled in June and we will follow this as it progresses.

Stay informed and keep in touch!




Pict above from FBN>

BLUE RIDGE LANDFILL EXPANSION TIPPING FEES TO MISSOURI CITY COUNCIL & FB COMMISSIONERS BACK IN THE NEWS AS OCTOBER HEARING APPROACHES

From the FB Star:

BFI “tipping fee” brings firefighter to Fresno/Arcola

By Cheryl Skinner
As opponents of the Blue Ridge Landfill ready for a court battle they hope will keep the refuse company from building a tower of trash. Fort Bend County Commissioners were voting on an agenda item that would allow the sometimes controversial “tipping fees” to be used to bring a full-time firefighter to the Fresno Volunteer Fire Department.

The agenda request was made by Precinct 1 Commissioner Tom Stavinoha who said the county receives in excess of $400,000 yearly from what is known as the “BFI tipping fees.” The funds were allocated to the county some years ago and are designated, at least in part, for improvements to the Arcola and Fresno areas, Stavinoha said. While the allocation is set at $200,000 yearly with the remainder of the funds going into the general fund, residents who oppose the landfill’s plan to expand the Blue Ridge facility, say the county “sold out” and the fees amount to nothing more than a legal pay off. . . (click the title link for more)

Background at:

http://www.fortbendnow.com/news/3080/allied-blocking-of-weather-radar-by-17-story-landfill-not-a-matter-of-public-welfare#c015505


COMMENT/Opinion:

I wonder why the commissioners waited 4 years to use the money for something like this and get it out to the media right before the Oct. 16th hearing. Maybe they're helping the company with their PR?

Pt.2--Should elected officials be accepting tipping fees to not represent their constituents?


--Lead picture from FBN.

FB Chronicle (front page)-- Permit Hearing Approaches Oct. 16th

Sides prepare for landfill hearing
Coalition seeks to derail permit request

By ZEN T. C. ZHENG
Copyright 2007 Houston Chronicle

A waste management company that plans to expand a landfill in east Fort Bend County will face off with project opponents next month at a hearing in Richmond.

The hearing on Allied Waste's request for a permit for expansion is set for 10 a.m. Oct. 16 at the county's commissioners' courtroom and will be conducted by a judge with the Texas State Office of Administrative Hearings.

On its Web site, the Texas Commission on Environmental Quality, which granted the contested case hearing in July, described the contested case hearing as a legal proceeding similar to a civil trial in state district court.

The commission previously gave preliminary approval to the company's plan to add 1,345 acres to the 599-acre landfill, known as Blue Ridge Landfill at 2200 FM 521, which would rise in height from 58 to 170 feet in 40 years.

A request for a hearing came from project opponents, including residents in east Fort Bend County and Pearland who formed the Coalition Against Blue Ridge Landfill.

Also opposed to the project are three local television stations, KTRK (Channel 13), KRIV (Fox 26) and KHOU (Channel 11), who claim the expansion could block their weather-forecasting signals.

The administrative hearing judge will make a recommendation to the three-member state commission based on evidence given at the hearing, according to Lisa Wheeler, a spokeswoman for the state commission.

The commission may or may not follow the recommendation or can chose to modify it in its decision, she said.

Richard Morrison, an attorney for the coalition, believes the judge's opinion from the administrative hearing will have an impact on the commission's decision....(follow title link above for full story)

FB Star: State Sets Contested Hearing Date On Blue Ridge Landfill Near Mo-City, Arcola, Fresno & Pearland--

State sets contested hearing date in Blue
Ridge Landfill permit issue for October 16

By Cheryl Skinner
Opponents and proponents alike will be gearing up for a court battle on whether the state of Texas will give final approval on a permit that will allow Blue Ridge Landfill, near Arcola, to expand. The date of the recently granted contested hearing has been set for Oct. 16 here in Fort Bend County.

The hotly disputed landfill expansion plan is being vigorously opposed by area television stations and a grass-roots organization that claim the expansion will hurt the media’s ability to forecast severe weather, including hurricanes and tornados, reduce property values, and pose a threat to the health and well being of residents who live in the shadow of the landfill.

The state granted an appeal by those impacted by the dump last month and last week set the date for the forthcoming hearing, which is, according to legal representatives, similar to a civil court lawsuit with both sides of the issue presenting evidence.

The hearing on the Blue Ridge Landfill Expansion Permit Hearing is set for 10:00 a.m., Oct. 16, 2007 in the Fort Bend County Commissioner’s Courtroom on 309 South 4th Street, Suite 701 in Richmond. . .(click title link for the full story).

TCE Covers Blue Ridge Landfill Victory!

Blue Ridge Landfill Opponents To Get Their Day In Court, TCEQ Rules

Opponents of industry giant Allied Waste’s plans for a major expansion at Blue Ridge Landfill will get a chance to air their grievances in what’s known as a “contested hearing,” the Texas Commission on Environmental Quality decided Wednesday.

“They granted us a hearing on every issue we asked for,” said environmental attorney Richard Morrison, who represents a citizens group called Coalition Against Blue Ridge Landfill Expansion, which opposes the expansion.

Morrison also said the TCEQ ruled that three Houston TV stations have standing in the case and can present arguments at the contested hearing, which likely will be scheduled at a hearing next month.

Allied had argued that the three stations – KTRK Channel 13, KHOU Channel 11 and Fox affiliate KRIV – shouldn’t be allowed to raise concerns they have, that the Blue Ridge expansion would result in refuse being piled so high it would block out the stations’ Doppler radar signals.

Allied Waste operates Blue Ridge Landfill at 2200 F.M. 521, a mile north of Fresno in Fort Bend County. Allied wants to increase the landfill “waste footprint” from the current 302 acres to 784 acres, and increase the maximum height at which refuse can be piled, from the current 58 feet to 170 feet.

But at that height, say officials with the TV stations, the giant mound of garbage would block weather radar signals from the stations’ towers, 3 miles or less away to the northwest, hampering efforts to track hurricanes, tornadoes or other severe weather. . . (click the title link above for the full story).

Get updates on this grass-roots effort at: http://cabrle.spaces.live.com/

-----------------
Side note/comment:

This blogger finds it a wonder that with all the real problems threatening our homes/health (i.e. no MC hospital/school over-crowding/high foreclosures/expanding airports & landfills that this city administration/mayor supported) that Mr. Owen would be pushing a tax buster purchase of a private golf course by the city. They don't even discuss the possibility of the involved MUD & HOA fund handling the purchase and protecting the tax paying public.


Stay informed and keep in touch!

FB Chronicle Front-page: Update on CABRLE Victory (Contested Hearing Allowed)--

Get this FB Chronicle front-page update on the CABRLE victory and upcoming contested hearing by clicking the title link above.


Background at:

http://www.chron.com/disp/story.mpl/nb/fortbend/news/4998528.html

http://www.fortbendnow.com/news/3170/blue-ridge-landfill-opponents-will-get-their-day-in-court#c016385



Stay informed and keep in touch as MCC/CRD will continue to follow this local effort to stop this expansion!

TCEQ Grants Contested Hearing On Blue Ridge Landfill!

Just in:

The Texas Commission On Environmental Quality just ruled this morning at a hearing in Austin that sufficient evidence did exist to allow for a contested case hearing on the proposed application for the Blue Ridge Landfill Expansion near Missouri City, Arcola, Fresno & Pearland. This is good news for the nearly 1100 homeowners who signed the petition against this project. We will update this section as time and information permits.


Stay informed and keep in touch!

FBS-Landfill Company Claims Public Welfare Not A Concern In Expansion Hearing!

pict from FBN
Waste firm claims weather radar blockage not public welfare concern

By Cheryl Skinner
Two of the three Houston TV stations, who have contended the proposed expansion of Blue Ridge Landfill could block their Doppler radar signals and prevent accurate tracking of approaching hurricanes, really shouldn’t play a part in the forthcoming hearing to determine if opponents of the landfill expansion will get a contested hearing from the state, say landfill officials, according to Richard Morrison the attorney representing a grass roots organization trying to stop the expansion.

Morrison said a document filed with the Texas Commission on Environmental Quality, attorneys for Allied Waste subsidiary Blue Ridge Landfill TX LP did agree that a citizens group opposing a major landfill expansion has issues viable enough to request a contested hearing before the TCEQ, but only one of the television stations has the same right. Two of three TV stations who want to participate in a contested hearing don’t qualify because they are about a mile away from the landfill, Morrison said the landfill attorneys are claiming. A law firm representing the television stations is expected to dispute this contention at the forthcoming hearing.

Allied Waste operates Blue Ridge Landfill at 2200 F.M. 521, a mile north of Fresno in Fort Bend County. Allied wants to increase the landfill from the current 302 acres to 784 acres, and increase the maximum height at which refuse can be piled, from the current 58 feet to 170 feet. The mountain of debris, opponents claim, will create health issues, quality of life deterioration and lower property values.

At the height proposed by the waste company, officials with KTRK Channel 13, KHOU Channel 11 and Fox affiliate KRIV Channel 26, the tower of trash would block weather radar signals from the stations’ towers and effectively create a problem in forecasting hurricanes and tornados in the Gulf Coast region.

A citizens group called Coalition Against Blue Ridge Landfill Expansion organized last year in opposition to the landfill and secured Morrison, an environmental attorney, to file protests on their behalf.

Surprisingly, Blue Ridge owners agreed that nearly every issue CABRLE raised in objection to the expansion is relevant for discussion in a contested hearing, Morrison said Monday. “I am hopeful, somewhat happy but I am still hedging my bets because we still could get screwed,” he said of the hearing that could win the group a contested hearing. A contested hearing is somewhat like a court trial, he explained. Each side would present evidence supporting their claim and a judge would decide the issue. If the CABRLE side prevailed it could stop the expansion. . . .

. . . Click the title link for the full story from FB Star.


OP/ED from Cheryl Skinner (FB Star):


Weather radar not important to the health and well being of the citizens?

I found it extremely amusing, not to mention ludicrous, that the attorneys representing Allied Waste plan to contend that the possible blocking of three major television networks Doppler radar is not a matter of public safety but is an issue of economics.

Well, Duh! Here is a large company who wants to build a tower of trash claiming everyone in watching distance of Channel 11, 13 and 26, can just go out and look at the sky to see if a hurricane is approaching or a funnel cloud swirling in the sky. Give me a break! And, to claim that the TV stations could just relocate those towers elsewhere is strange coming from a garbage company who says it would be “too costly” to relocate that heap somewhere else in the county (or state—hint, hint).

I would think all the citizens in those viewing areas would consider it a matter of public safety. Now what the state regulatory agency thinks should be interesting. Somehow, they always seem to favor the landfills. I wonder if they get tipping fees too.

The ball is in the court or does the commissioner court have the balls?

(get the full OP/ED piece at: http://www.fortbendstar.com/Columns/skinner_cheryl.htm)


Stay informed and keep in touch! Many Missouri City area communities share water-ways with this landfill property and with a 2005 Barium leak (highly toxic and water soluable chemical) and with the Missouri City Council & County Commissioners accepting "tipping fees" to not oppose the expansion, this is getting interesting.

FBN Covers Growing Landfill Controversy With Billion Dollar Corporation!

Allied: Blocking Of Weather Radar By Giant Landfill Not A Matter Of Public Welfare
by Bob Dunn, Jul 03, 2007, 12 56 PM

Three Houston TV stations – who contend the expansion of Blue Ridge Landfill could block their Doppler radar signals and prevent accurate tracking of approaching hurricanes – shouldn’t be allowed to raise the issue in a hearing before state environmental officials, the landfill owners say.

In a document filed with the Texas Commission on Environmental Quality, attorneys for Allied Waster subsidiary Blue Ridge Landfill TX LP did agree that a citizens group opposing a major landfill expansion has standing to request what’s known as a “contested hearing” before the TCEQ, and has raised several issues eligible for discussion at such a hearing.

But according to the document, just filed with TCEQ, two of three TV stations who want to participate in a contested hearing don’t qualify for status as parties to the case.

And, Allied Waste maintains in the response document, ABC affiliate KTRK Channel 13’s “allegation that the landfill would affect the operation of its Doppler radar is not relevant to the issue of public safety, health and welfare.”

Rick Lowerre of Austin law firm Lowerre & Frederick, the TV stations’ attorney, disagrees. He predicted Tuesday the TCEQ will grant a contested hearing in the case. “And I’m very confident all three” TV stations “will be granted status to participate.”


. . . click title link above for more on this! Ck and see if your community shares water-ways with this site.