CALH Recent Email Blast

Dear CALH Member,

On Tuesday, February 9, 2016, CALH learned from our attorney, Mike Woodward, that the TCEQ has informed Pintail Landfill, LLC that their Transfer Station Registration granted by TCEQ on July 23, 2013, would not grandfather any new municipal solid waste landfill permit application that Pintail might submit for the Rainey Ranch site north of Hempstead, from the City and County ordinances that prohibit a landfill at that location. This is another major victory for the members of CALH and the people of Waller County. 

A little over a month ago, Pintail informally asked the TCEQ for an opinion on whether or not the Transfer Station Registration grandfathered them from ordinances that had been passed by Waller County and the City of Hempstead, prohibiting a landfill at this location.  Pintail cited provisions in Chapters 363 and 364 in the Health and Safety Code allowing for grandfathering when “a permit or other authorization under Chapter 361 has been issued by the commission.”  CALH and the County’s Attorney disputed their argument in a meeting at the TCEQ on January 19, 2016.  Further, in a letter to the TCEQ dated February 1, 2016, CALH and the County’s Attorney argued that the Transfer Station Registration as issued was in error because it designated a facility boundary of 410 acres, while the transfer station facilities, as designed, may only occupy 1.16 acres. This letter explained why the TCEQ should amend the registration document to reflect only the 1.16 acres.

The matter of whether or not the TCEQ will amend the registration does not impact the TCEQ’s rejection of Pintail’s argument that the transfer station registration grandfathers the Pintail Landfill from local ordinances.  And, of course, our legal challenge of the granting of the transfer station registration on other issues is still awaiting a ruling from the appeals court.

Again, with God’s Blessing, we celebrate another victory.

Sincerely,

Citizens Against the Landfill in Hempstead

 

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