Letters, Newspapers, and Television stations:

Big cities need to stop pushing trash


 

Published March 12, 2007

There is little doubt we are a nation of trash makers.

We also are sorely lacking in recycling initiatives.

It is no wonder trash companies are continuously looking for places to put our castoffs.

That is the situation in Avery, where a landowner backed by big trash companies is seeking to establish a large landfill area near the city limits.

Nearby residents are upset that the dump site could pose many problems for them.

Among those problems are a possible decrease in the value of nearby homes and land, the constant noise and danger from huge trash trucks delivering their loads to the landfill, the occasional smells and dangerous gases sometimes emitted from a landfill, and a general unsightly appearance to the area.

But there is a far more dangerous issue at hand with the development of a Red River County landfill. Much if not most of the trash would come from other, more populated areas, perhaps even as far away as the Metroplex.

The serious problem faced here is those who create the trash would be dumping it on those who have little means to fight against it.

Those who sought to create the dump probably picked an area they thought least likely to be able to carry on the battle in the courts to prevent such a landfill from being developed.

In many small country areas they would be right. People there would not be able to raise the funds to fight such an intrusion, but in Avery, the people are standing up and raising the money to continue the battle against the landfill.

Even though they have the Texas Attorney General’s office also defending the state’s position in rejecting the landfill, opponents in Red River County are taking nothing for granted and battling on to ensure the landfill application stays rejected.

They are right in doing so.

It is time the big cities and larger populated areas find trash dumps in their own areas and quit trying to push their trash on lesser populated places.

It is time each entity take care of its own trash, or do a better job of recycling it.

CLARKSVILLE TIMES-MARCH 8, 2007

PAGE 1

http://www.clarksvillenews.net/MARCH-07/8/01%20Front%20Page.pdf

PAGE 2

http://www.clarksvillenews.net/MARCH-07/8/pg%202.pdf

 

Group raises money for landfill fight


 

Published March 6, 2007

AVERY — Concerned Citizens for Red River County, a group formed to battle a proposed landfill near Avery, is keeping its irons in the fire by continuing its fight to intervene in a lawsuit concerning a challenge to Texas Commission on Environmental Quality’s denial of a permit for the landfill.

The battle over the landfill began when Edwin B. Kelsoe of Avery applied for a permit for a proposed Red River County Municipal Solid Waste Facility on a 231-acre plot less than a mile from the Avery city limits.

TCEQ turned down the application, contending it was incomplete and contained “administrative deficiencies.”

Kelsoe filed a lawsuit with the District Court of Travis County challenging the decision.

TCEQ sought a dismissal of the lawsuit by the court, with CCRRC filing a motion to intervene in the proceedings. The court denied the motion for dismissal, ruling that the case could go before the court for trial.

A hearing has been set early in April to determine if the CCRRC can be an intervener in the case.

Sunday, the CCRRC board held an emergency meeting to raise funds to continue its battle to join in the case.

CCRRC President Ed Stephenson told the group: “It only makes sense that we finish what they have started. If we do nothing, we won’t be represented.”

Stephenson told the group of citizens meeting in Avery High School cafetorium, “It will cost us about $6,000 to file our motion to continue to intervene in the case. If we are successful, it will cost approximately $12,000 in attorney’s fees to let our attorney prepare for the court case.”

If allowed to continue in the case, three sides can produce information in the court trial. Kelsoe’s attorney is seeking to have the TCEQ denial overturned and leave the permit decision in the hands of the judge. The Texas Attorney General is defending the TCEQ’s decision to deny the landfill, and the CCRRC attorney will present the case for the people fighting the landfill.

“The reason these people come out to areas like ours to develop landfills is they think we will not be able to raise the money to fight this,” Stephenson said.

Approximately 60 residents attending the meeting agreed to donate funds to the organization of $100 each to continue the battle against the landfill. Many of them began handing CCRRC treasurer Jim Bain donations of checks and cash to continue the effort.

If the group is successful in its efforts to continue in the case, the suit will go to trial in late June.

ARTICLE CLARKSVILLE TIMES MARCH 1, 2007

http://www.clarksvillenews.net/MARCH-07/01%20Front%20Page.pdf

MARCH 1, 2007 Letter to Editor Clarksville Times

http://www.clarksvillenews.net/MARCH-07/pg%207.pdf

 

 

February 14, 2007

Complaint filed against CCRRC (Concerned Citizens of Red River County) by Edwin Kelso with Texas Attorney General's Office, and Red River County Attorney's office!

 

Click here to Read the Story!

 

Federal judge to rule on Avery landfill


 

Published November 19, 2006

AVERY — A federal judge is expected to rule next week on Edwin B. Kelsoe's lawsuit involving a permit application for a proposed municipal landfill.

Kelsoe, an Avery resident, is seeking a judicial declaration regarding the administrative completeness of the permit application.

The application requests a permit from Texas Commission of Environmental Quality for a proposed Red River County Municipal Solid Waste Facility on a 231-acre stretch of land, just eight-tenths of a mile from Avery.

The site was proposed to accept household Type 1; brush and demolition, Type 4; and miscellaneous Type 5 waste, which might include tires, incineration of medical waste and recycling, among other Type 5 municipal waste.

A TCEQ ruling deemed the permit application incomplete, returning it because of “significant administrative deficiencies.”

Kelsoe filed a lawsuit in March challenging the decision.

On Nov. 27, U.S. District Judge Gisela D. Triana is expected to rule on a motion filed by TCEQ to dismiss the lawsuit.

CCRRC holds landfill meeting Aug. 27.


 

Published August 20, 2006

AVERY — Concerned Citizens for Red River County (CCRRC) hosts a meeting Sunday to discuss the status of a permit application for a proposed municipal landfill.

The meeting takes place at 3 p.m. in the Avery School cafetorium.

"We're fixing to have a committee meeting to inform the citizens on progress and where we are on the landfill," Mayor Bill Trimm said.

CCRRC is a non-profit group of Red River County residents organized to oppose a permit application for a proposed municipal landfill near Avery.

The application submitted by Edwin B. Kelsoe requested a permit from Texas Commission of Environmental Quality for a proposed Red River County Municipal Solid Waste Facility on a 231-acre stretch of land, just 8/10 of a mile from Avery.

The proposed site was to accept waste classified as household type one; brush and demolition, type four; and miscellaneous type five waste, which might include tires, incineration of medical waste and recycling among other type five municipal waste.

The permit application was deemed incomplete and rejected earlier this year when it failed to meet TCEQ criteria.

"Kelsoe has filed a lawsuit in Travis County court trying to get TCEQ to declare the application complete," Trimm said.

CCRRC, represented by attorney John Moore of Austin, filed a motion to intervene in the proceedings, while TCEQ filed a motion to dismiss the lawsuit.

"I'm hopeful they'll go along with that and throw the lawsuit out," Trimm said.

Tentative court dates are set for Sept. 5 and 6.

"I want to encourage all citizens of Red River County to come to the CCRRC meeting," Trimm said. "There are some rumors put out that this is over, but it is far from over."

"CCRRC is going to be there until the end," he said. "We'll represent them to the end."

TCEQ denies Avery landfill


 

Published February 12, 2006

AVERY — Texas Commission on Environ-mental Quality has denied a motion to overturn a decision returning a permit application for a proposed landfill near Avery.

The motion, filed by Edwin B. Kelsoe on Jan. 3, requested commission consideration regarding an executive director’s decision to return an incomplete permit application for a proposed municipal solid waste facility. The proposed site was to be located on U.S. 82 at County Road 4325, less than a mile from Avery.

Citing “significant deficiencies,” TCEQ returned the incomplete permit application for the proposed landfill in December 2005.

The application submitted by Kelsoe requested a permit from TCEQ for a proposed Red River County Municipal Solid Waste Facility on a 231-acre stretch of land.

The proposed site was to accept household Type 1; brush and demolition Type 4; and miscellaneous Type 5 waste, which might include tires, incineration of medical waste and recycling among other type five municipal waste.

“It was going to destroy our town,” Avery Mayor Bill Trimm said in a previous interview. “It was a mile from our school and this wasn’t just your Coke can, milk carton dump. They were going to put in medical waste and other toxic stuff.”

In a Sept. 19, 2005 news report, Clarksville attorney Mark Lesher, who represents Kelsoe, attempted to reassure Red River County residents of the benefits of the proposed landfill during a public hearing held the previous day.

“This is not a hazardous waste dump,” he said at that time. “It is not a dump, it is a landfill that is highly regulated. You won’t see it; and you won’t smell it; and it has no possibility to contaminate the environment.”

 

Landfill application could be scrapped

By Mary Madewell
The Paris News

Published October 30, 2005

CLARKSVILLE — The clock ticks on an application, and the battle intensifies over a proposed municipal solid waste landfill near Avery.

Landowner Edwin B. Kelsoe has less than 20 days to file a lengthy list of corrections to a landfill application with the Texas Commission on Environmental Quality.

That application was originally filed Aug. 8 — eight days before Red River County commissioners passed the first of two ordinances dealing with solid waste disposal sites. A second ordinance won approval last week.

The county’s first ordinance prohibits waste disposal in some areas and the second prohibits solid waste processing, also in defined areas.

Clarksville attorney Mark Lescher received a letter from TCEQ dated Oct. 12 giving him 30 days to submit 38 corrections to his client’s original application.

“It doesn’t look like he’s been doing his homework,” Avery Mayor Bill Trimm said of Lescher and the TCEQ application. “I understand if they don’t get all the corrections made the whole application submit the entire application with revisions in lieu of submittal of the replacement pages and additions described above,” the TCEQ letter states. “Failure to submit the requested information within 30 days of the date of receipt of this notice letter will cause the application to be removed from the TCEQ list of pending projects and be returned to the applicant.”

If the application is returned, Kelsoe would lose the position of having an application on file prior to the passage of a county ordinance that could block the landfill.

The Aug. 16 ordinance prohibits solid waste disposal within one mile of a residence, water well, stream or river and within five miles of any public school.

Lescher said Friday he sees no problem in satisfying TCEQ’s requirements and in keeping the current application alive. He also called the Aug. 16 ordinance passed by Red River County commissioners “unconstitutional.”

“Just try to figure out a place in Red River County where you could put a landfill,” Lescher said of the ordinance. “It’s unconstitutional.”

Lescher said the letter from TCEQ is part of “the process” involved in obtaining a solid waste disposal permit.

“We have a lot of work to do, but I’m optimistic we will pass the test,” Lescher said of his client’s application for a landfill capable of handling waste classified as household, brush and demolition; and miscellaneous (including medical.)

The county ordinance passed last week prohibits solid waste processing within five miles of any public school or licensed day care facility or within two miles of an airport.

The proposed landfill is located within a mile of the school on a 231-acre site west of Avery at the corner of U.S. 82 and CR 4325.

County Judge Powell Peek said Friday that it is not the county’s intent to totally ban landfills.

“We are just trying to keep them away from schools and population centers,” Peek said. “Neither ordinance prohibits them, but they list certain areas where you can’t have them.”

The most recent ordinance also provides restrictions involving the TQEC application process.

“The court therefore finds that no application for a permit should be considered pending before any agency if that application does not provide a full and complete explanation of all disposal and processing methodologies, complete with all technical drawings, reports, engineering seals and supporting documentation as would be necessary for a determination of approval of the complete application for a complete permit.”

The Oct. 24 ordinance states that the use of current technology and science with regard to the location, installation, operation and maintenance of solid waste disposal sites and processing sites cannot ensure that such sites will not contaminate, spoil and pollute areas surrounding the site.

Specifically contained in the newest ordinance is the wording that both the Aug. 16 ordinance and the Oct. 24 ordinance “apply to all proposed solid waste processing or disposal facilities that have not been constructed and for which the facility proponent has not submitted a complete application to the Texas Commission on Environmental Quality.”

Peek said Friday that he does not know how the latest ordinance might affect the Kelsoe application.

“I’m not sure whether his original application covered the processing,” Peek said. “If it did not, he could have some trouble.”

Peek expressed confidence in the legality of both ordinances.

“We studied both of these ordinances and our county attorney has been our guide on this,” Peek said.

Lescher said he questions the court’s intent with both ordinances and is certain that state statute would override a county ordinance with regard to an application process.

“The application process has two parts, but it is one application,” Lescher said. “We plan to get parts one and two administratively complete and then work through parts three and four.”

Lescher said parts one and two deal mainly with site appropriateness as it deals with the possibility of contamination and nearby land usage. Parts three and four deal with site operations.

September 18, 2005

Crowd voices ire over possible landfill
Monday, September 19, 2005 11:09 AM CDT

 

 

By JAKE BECKWITH
Texarkana Gazette

CLARKSVILLE, Texas-Property owner Edwin Kelsoe and his attorney fielded questions on Sunday from a group of hot and sweaty concerned citizens regarding a proposed landfill near Avery, Texas.

"It was about what I expected. It was a 47-minute meeting and it lasted about 40 minutes longer than I thought it would last. I appreciate all the turnout. I know it was hot and uncomfortable but that was part of their plan," Avery, Texas, Mayor Bill Trimm said after the public meeting.

An estimated 250 people, many of whom clutched signs reading, "No toxic waste dump," attended the scheduled public meeting within the town square.

Attorney Mark Lesher and engineer George Neill joined Kelsoe in trying to address some of the concerns from the people in the crowd.

Both Lesher and Neill made brief remarks before handing the microphone over to the people in the audience.

 

The first person to speak in opposition to the proposed landfill was the owner of Clarksville's Blackmon Pharmacy, who told the crowd, "These gentlemen up here have pissed me off."

He incorporated the book of Job into his remarks, concluding with a promise to the people in attendance: "You don't want this, ladies and gentlemen. And we will help you in any way we can."

Lesher tried to squelch the public's health and safety concerns at Sunday's meeting by telling the audience the proposed landfill would adhere to the guidelines and restrictions set forth by the Ark-Tex Council of Governments.

"The incinerators that burn the medical waste are regulated. This soil (from landfill) has no possibility of contaminating the ground water," Lesher said. " ...We have the safety of the community in mind big time because, if we don't have the safety of the community in mind, we will be shut down.

" ... You won't see it and you won't smell it," he said about the landfill.

There was a deafening silence from the crowd after Lesher asked if anyone wanted to speak in favor of the proposed landfill.

It was the only time during the meeting no one in the audience had anything to say.

A steady flow of people ranging from preteen children to senior adults spoke out against the location of the proposed landfill until Lesher abruptly ended the meeting 47 minutes after it started.

A woman later identified as Edwin Kelsoe's aunt, Doris Cagle, approached the microphone and was waiting for her turn to speak when Lesher concluded the public meeting, saying the comments had dissolved into personal attacks rather than statements of fact.

The dissatisfied crowd began chanting, "Let him speak. Let him speak," presumably referring to Kelsoe, who stood silent with his arms crossed in front of his chest throughout the majority of the meeting.

Attention was diverted from the podium about five minutes before the meeting ended when a member of the audience fainted. With the heat index creeping up into triple digits Sunday, the National Weather Service issued a heat advisory warning people to limit the amount of time spent outdoors.

"Good meeting spot you picked out. You kill all of us off, you won't have a problem putting it in," someone in the crowd shouted at the podium.

The unidentified man in the audience was not the first person to make a negative personal statement in reference to Kelsoe and his team.

"It appears this meeting is getting very, very out of line. We don't need any confrontations or threats. This is a public meeting," Lesher said at one point during the public meeting.

He did concede to those in attendance financial benefits were a consideration in the group's decision to pursue a landfill permit.

Those in the audience did not sound appreciative when Neill told the crowd the proposed landfill could offer some economic benefits to the community via taxes and new jobs.

Release Date: 09.09.05
REP. MARK HOMER REQUESTS PUBLIC MEETING TO DISCUSS PROPOSED AVERY LANDFILL



PARIS -- In a recent letter to the Texas Commission on Environmental Quality, Rep. Mark Homer (D - Paris) requested a public meeting to be held in Red River County. The topic will be a proposed landfill that has caused quite a stir in the Avery, Texas area.

"I know many people have reservations about this landfill coming into the area," said Rep. Homer. "I don't feel that a project such as this should be undertaken without an overwhelming voice of support, which is why I have asked TCEQ for this public meeting. I want everyone who wants to speak for or against the landfill to have their turn at the microphone."

Currently, there has been a public meeting called by the landfill applicants set for September 18, 2005. This meeting is controlled by the applicant and it is the understanding of Rep. Homer that the venue would be small and not accommodating for a large public audience. He hopes that his request will allow a better opportunity for the voices of the citizens affected by this landfill to be heard.

"I anticipate getting a response very soon from TCEQ as to the time, date and location of the meeting, and I plan to be in attendance," said Rep. Homer. "This is an issue that will affect the entire region for years to come, and it is my hope that many others from the community will also take this opportunity to show up and make their concerns known."

For more information on this or any other issue, Rep. Homer encourages interested individuals to contact his office at (512) 463-0650 or (903) 784-0977, e-mail him at mark.homer@house.state.tx.us, visit the State of Texas website at www.texasonline.com or Rep. Homer
’s personal site at www.markhomer.com.

August 26, 2005 Texarkana Gazette

 

ATCOG committee votes against nominee after group protests
Friday, August 26, 2005 9:46 AM CDT

 

 

By JAKE BECKWITH
Texarkana Gazette

Representatives from the Ark-Tex Council of Government's Executive Committee of the Board of Directors were greeted by members of the Concerned Citizens for Red River County Thursday morning at the First National Bank in Omaha, Texas.

Many of the estimated 35 to 40 CCRRC members expressed displeasure with the nomination of George Neill from Houston as a Red River County representative to the Solid Waste Advisory Committee.

"There is no way Neill could be unbiased toward Red River County since he is the engineer of record of the (proposed landfill) job," Avery, Texas, Mayor Bill Trimm said.

After reviewing and discussing the facts, the ATCOG Executive Committee voted not to appoint Neill to the Solid Waste Advisory Committee.

Clarksville, Texas, Mayor and ATCOG Executive Committee Member Ann Rushing said she voted not to appoint Neill to the committee because of his involvement with the proposed landfill.

 

"It just does not seem to be a wise governmental move to me" to appoint him to the committee because "Neill is the engineer working with (property owner) Mr. (Edwin) Kelsoe for the proposed landfill in Avery," she said.

"I would think he should have no say or sway in what comes before our committee. It is nothing personal against Mr. Neill, but the application for the landfill in Avery has been filed," she said.

"I would have been really disappointed if the results were any different than they were," Trimm said.

Also, after the meeting, Diane Atkinson, ATCOG Environmental Resource Planner with the Regional Planning & Development Division, said the first two parts of the TCEQ application for the proposed landfill just outside of Avery arrived on her desk last week. She said members of the ATCOG Executive Committee could visit her office if interested in viewing the document.

AUGUST 17, 2005

Officials approve landfill ordinance
Wednesday, August 17, 2005 8:35 AM CDT

 

 

New rules may be too late to stop project

By JAKE BECKWITH
Texarkana Gazette

CLARKSVILLE, Texas -Red River County Commissioners unanimously passed an ordinance Tuesday prohibiting solid waste disposals in the county within a mile of a residence or water well.

But it may be too late.

Mark Lesher, the lawyer representing the party behind a proposed landfill on U.S. Highway 82 and County Road 4325, told the Gazette he submitted part of the Texas Commission on Environmental Quality (TCEQ) landfill application on Aug. 9.

He said it his understanding that by submitting the application prior to the commissioner's court passing of the ordinance, his client would be exempt from the new solid waste disposal restrictions.

 

At presstime, TCEQ officials had not responded as to whether they had received the landfill application.

A handful of Avery residents, including the city mayor, made the trip to the Red River Courthouse Annex to observe Tuesday's 8:30 a.m. commissioner's court meeting.

County Judge Powell W. Peek, who led the morning meeting, said the first order of business involved the proposed ordinance prohibiting the solid waste disposal.

Though he asked if anyone in the audience wanted to comment before the council took action, no one accepted his offer. Most of them had already shared their viewpoints with the council during Monday's public meeting.

"I move we adopt the motion," Precinct 4 Commissioner Josef Hausler said.

After Precinct 1 Commissioner Rufus Ward, Jr., seconded the motion, Peek called for a debate. When none of the commissioners posed an argument, the council moved to vote on the ordinance.

Less than five minutes into the meeting, the council voted unanimously in favor of passing the ordinance, with the endorsement of Precinct 3 Commissioner Elmer Caton, Ward and Hausler. Precinct 2 Commissioner M.D. Whittle was not present.

The ordinance makes it illegal for a solid waste disposal to operate within one mile from any residence, water well, stream or river. It is also illegal to operate a solid waste facility within five miles of any public school.

Violation of the ordinance is punishable by a Class C misdemeanor and a fine not to exceed $500 with each day in violation constituting a separate offense. Civil penalties are also available, with each day in violation punishable up to $10,000.

L.D. Williamson, executive director for the Ark-Tex Council of Government (ATCOG), said Lesher exercised his right not to send any portion of the TCEQ landfill application to ATCOG, instead sending it directly to TCEQ without ATCOG's recommendation.

"We can't make a recommendation because we have not seen the plan. The only thing (Lesher's group) submitted to us was a checklist of what they want to put in. Just a simple check list that will guide us to know if (their proposed landfill) fits into our plans," Williamson said.

ATCOG does not grant landfill permits, Williamson said.

Instead, it sets environmental regulations and reviews at least the first two portions of the TCEQ application to see proposed projects follow the minimum standards set.

Williamson said ATCOG never suggested building a solid waste disposal near Avery, instead saying the soil near the proposed site was "compatible to building a landfill" because it was not "too absorbent."

Peek told members of the audience they were welcomed to stay for the council's budget workshop, but most of them declined the county judge's invitation and excused themselves from the meeting.

August 16, 2005 Texarkana Gazette

 

Landfill ordinance meets no opposition
Tuesday, August 16, 2005 11:02 AM CDT

 

 

By JAKE BECKWITH
Texarkana Gazette

Red River County officials gave citizens a chance to voice their opinions Monday in regard to a proposed ordinance prohibiting the disposal of solid waste within certain areas near the city limits.

At least two dozen people stood before the county judge and commissioner's court, stated their names and voiced their support for the ordinance.

More than 50 people, many of them residents of Avery, Texas, crammed into the small corner room at the Clarksville Court House Annex to witness the public meeting, with additional visitors spilling over into the hallway.

Whispers fluttered across the room during the public meeting, indicating the group in favor of the proposed landfill had already submitted the Ark-Tex Council of Government's (ATCOG) landfill application to the Texas Commission of Environmental Quality (TCEQ) prior to the commissioner's court voting on the proposed ordinance.

Lawyer Mark Lesher, who represents the landowner whose property may become the landfill, spoke to the Gazette Monday afternoon.

 

He confirmed speculation the group submitted the "land use" portion of the ATCOG application to TECQ on Tuesday, Aug. 9.

He told the Gazette it was his understanding that by submitting the land use portion of the ATCOG application before a decision was reached regarding the county ordinance, the property in question would be exempted from the ordinance's restrictions, should the ordinance get passed at an 8:30 a.m. meeting today.

Once the application is submitted to the Ark-Tex Council of Governments, the organization will forward its recommendations to the Texas Commission of Environmental Quality. TCEQ determines whether to issue a landfill permit.

County Judge Powell W. Peek reminded the excited crowd about the true purpose of Monday's meeting.

"This is not about being for or against a proposed landfill in Avery. This is about being for or against an ordinance as I described it," he said.

Despite the judge's reminder, some speakers still slipped in comments about how they believe the proposed landfill at U.S. Highway 82 and County Road 4325 could hurt both their property values and adversely affect their way of life.

The potential landfill site is located about a half mile from the Avery school building.

Dalton Jackson of Avery, Texas, was just one of more than two dozen people who spoke out in support of the county ordinance because he believes the proposed landfill would adversely affect the city's two major industries: livestock and wildlife.

"The entire county is against (the landfill). Did you hear anyone say anything for it? There is no one for it except the people putting it in. There are lots of folks who come back to Avery to retire. They are opposed to the landfill because that is not what they remember," he said.

Greg King, an Avery, Texas, resident, also expressed concerns regarding the proposed landfill just outside of Avery. He worried about the future of his hometown.

"All this will do is push people away. We don't need something like this pushing more people out of our community. We have to have landfills, but there have to be much more desirable areas to put this stuff, remote locations that won't affect our community," he said.

Not a single person at the meeting spoke in opposition to the ordinance, except to recommend stiffer rules against solid waste disposal facilities.

Commissioners Elmer Caton of Precinct 3 and Josef Hausler of Precinct 4 went on record supporting the ordinance and the audience rewarded them with a round of applause.

The commissioners court will make an official decision on the ordinance today.

"I hate to predict, but I feel good about the ordinance (getting passed)," Hausler said.

 

 

PARIS NEWS August 2, 2005

 

 

Red River County tries to block landfill

By Sara Stanglin
The Paris News

Published August 02, 2005

CLARKSVILLERed River County commissioners are responding to a proposed solid waste disposal site in the county by agreeing to an ordinance that would shut down the landfill before it could open.

The ordinance, proposed during a meeting Friday, would prohibit the creation of a solid waste disposal site in the county, effectively blocking a proposal to construct a landfill at U.S. 82 and County Road 4325. The proposed site is in eastern Red River County near Avery.

Commissioners agreed to publish the proposed ordinance. Final approval would be discussed Aug. 15 at a public meeting scheduled to start at 1 p.m. Red River County residents are invited to take part in the meeting, which takes place at the Red River County Courthouse Annex in Clarksville. Final approval would likely follow.

The proposed ordinance includes sections on general provisions and findings; substantive provisions and definitions; civil remedies and penalties; and criminal penalty.

Commissioners claim they have “both the responsibility and the authority to protect the health, safety and welfare of the citizens of Red River County, Texas and their property interests.” The ordinance states that “solid waste disposal, especially the disposal of solid waste in landfills, is an activity that has high potential to negatively impact the health, safety and welfare of the community.”

Solid waste, as outlined in this ordinance, means subject to the limitations of 42 U.S.C. 6903(27) and 40 C.F.R. 261.4(a), garbage, medical waste, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operation and from community and institutional activities.

Commissioners say that a solid waste disposal facility would negatively influence property values, constitute a public or private nuisance, present a threat of discharge of harmful materials into the environment.

According to Section 3 of the ordinance, any violations of the ordinance are subject to a civil penalty of $10,000 for each violation with the funds going to Red River County. Each day that a violation continues constitutes a separate ground for recovery.

In Section 4, disposal of solid waste in violation of the ordinance constitutes a Class C misdemeanor punishable by a fine not to exceed $500, and each day the violation continues constitutes a separate offense

PARIS NEWS

Landfill hearing set for Monday

Staff reports
The Paris News

Published August 14, 2005

CLARKSVILLERed River County Commissioners meet in special session at 1 p.m. Monday to conduct a public hearing on a proposed ordinance prohibiting a solid waste disposal in the county.

The ordinance stems from a proposal to construct a landfill near Avery.

The hearing starts at 1 p.m. Monday at Red River County Annex, 200 N. Walnut St.

 

TEXARKANA GAZETTE AUGUST 2, 2005

County blocks proposed landfill
Tuesday, August 2, 2005 8:59 AM CDT

 

 

Ordinance prohibits disposal of solid waste in or around Red River County

By JAKE BECKWITH
Texarkana Gazette

CLARKSVILLE, Texas-The Red River County Commissioners Court drafted an ordinance prohibiting the disposal of solid waste in or around the county limits late last week.

If eventually passed by the majority of the Commissioners Court, the ordinance would make it illegal for the proposed landfill near Avery, Texas, to operate in its current location on County Road 4325 and U.S. Highway 82.

The court designed the ordinance for the purposes of "prevent[ing] a grave and immediate threat to life and property," stating further development of landfills in certain areas of the county would constitute "an unacceptable risk and threat to the public health; safety and welfare."

The ordinance prohibits the disposal of solid waste in Red River County within 1 mile of any residence, within 1 mile from any water well, within 1 mile from any stream or river, and within 5 miles of any public school.

 

"You cannot completely ban solid municipal waste dumps, and I agree with that (belief). On the other hand, it is not wise to put one close to wells, streams and schools. (You have to) weigh safety versus rights of landowners. I think the ordinance put together is a fair compromise," said Red River County Judge Powell W. Peek.

The Commissioners Court stated the presence of a solid waste disposal facility could result in a negative influence of property values as well as threat of possibly discharging "harmful materials" into the environment. Red River County Precinct 4 Commissioner Josef Hausler said he believes the proposed ordinance will have the support of the majority of the residents in his county.

"It is part of the many steps we are taking to prevent the landfill from coming to Avery," he said.

He said Peek and County Attorney Val Varley were the primary sources behind the proposed ordinance, with additional input from county commissioners and business leaders. Hausler said the ordinance was drafted over the course of the past week.

"I know there are people strongly for it and against it. We will listen to their reactions," Peek said.

He said the ordinance will be publicized in the local papers for the next two weeks before a final decision is made on it. He said a public meeting to discuss the proposed ordinance is tentatively scheduled for Aug. 15.

The Commissioners Court defined "solid waste" as "garbage, medical waste, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial. municipal, commercial, mining, and agricultural operations and from community and institutional activities."

According to the ordinance, any violation could result in fines, with each day in violation counting as a separate violation. Violations would be misdemeanors.

Clarksville Times July 28, 2005

http://www.Clarksvillenews/july/28/front%20pg%20728.pdf

 

 

TEXARKANA GAZETTE July 28, 2005

In Our View: Stay with it
Thursday, July 28, 2005 9:01 AM CDT

 

 

Avery officials, residents right to be watchful

Hang in there, Avery residents and officials. Don't let anyone dump on you. And don't be persuaded by the backers of a proposed landfill to back off your opposition until they submit their applications and formal proposals.

Plans are afoot to submit an application for a landfill to be located on a tract about a mile from the city limits.

Mayor Bill Trimm called a community meeting when he got wind of the landfill plans-no pun intended. About 10 percent of Avery's 450 residents turned out, and they were not there to welcome a landfill.

Yet the people pushing the paperwork-an attorney for the landowner and the engineer working on the preliminary landfill application-say Avery residents are premature in their objections and should wait until the application is completed to voice their opinions on what might happen to their city and their property values.

The landfill supporters say they don't know yet what kind of landfill they will want to build. Yet they accuse opponents of only objecting on the basis of innuendo.

 

Well, absent the facts about what kind of landfill permit the landowner will seek, all Avery residents have to go on is innuendo. When someone's flying under the radar, you have to guess where they're going.

And if you wait, it may be too late. In some corners, silence is seen as a lack of interest, or tacit support.

Supporters say opponents will have ample time for public input on the landfill, once an application is filed with the Ark-Tex Council of Governments, so they should just chill out until that time.

But that position is tantamount to giving the landfill supporters a head start. The opponents ought not to be forced to play catch up in the permitting process.

Maybe a landfill would be a good neighbor and a source of jobs for the tiny Red River County town.

Then again, maybe not. A lot of people in these parts don't have a good feeling about projects that could affect not only their property values but the environment and the public health.

At any rate, the supporters of the landfill shouldn't expect people who will have to live with it to take them at their word-unless, of course, the lawyers and engineers are willing to move in next door to the dump.

 

PARIS NEWS July 28, 2005

The Paris News
http://theparisnews.com/

Copyright © 2005 The Paris News

Residents smell trouble for solid waste dump

By Sara Stanglin
The Paris News

Published July 28, 2005

AVERY — A group of Red River County residents say something stinks about Edwin Kelsoe’s delay in seeking a second application for a solid waste disposal site near Avery.

Kelsoe’s first application was denied by the Ark-Tex Council of Governments, which must give approval before an application goes to the Texas Commission of Environmental Quality. Now, Kelsoe has indicated he will apply again, but the application process seems to have stalled. The citizens group contends Kelsoe may be trying to use legislation Gov. Rick Perry signed into law last month to avoid a public meeting on the request.

Attempts by The Paris News to reach Kelsoe for comment have not been successful.

House Bill 1609, which takes affect Sept. 1, does away with a requirement for an automatic public meeting when hazardous waste facilities, landfills, sludge dumps and other trash facilities are proposed in a community. Instead, a state legislator must request a public meeting or the executive director of TCEQ must decide if there is “sufficient interest” in holding a meeting.

Currently, no rules are in place to specify the standard of “sufficient” interest. So, the executive director of TCEQ has no criteria to follow.

Located on U.S. 82 and County Road 4325 in eastern Red River County, the proposed site for the landfill is in close proximity to Avery Independent School District buildings.

“You mess with the children, you make people mad. You mess with the land, you make people mad. Right here, you are messing with both of those,” said Nikki Hausler, wife of Red River County Commissioner Josef Hausler and a member of the citizens group.

The proposed site is just outside the Avery, so city officials are limited how they can oppose the landfill. However, they have passed a resolution stating opposition to the 250-acre landfill.

More than 50 Red River County residents attended a meeting Monday to voice concerns and sign a petition against the proposed landfill.

“I might as well burn my house and walk away,” said resident Greg King, who lives near the proposed site. He added that if he ever wanted to sell his house, he wouldn’t be able to do so because of its proximity to the landfill.

Commissioner Hausler advised residents to form a team to represent them. The team would be made up of individuals who can travel to all meetings on the issue. He also suggested writing personal, handwritten letters to state and federal elected officials.

Members of the committee are Josef Hausler, Max Shumake, Ernest Hensley, Don Gaines, Kelly Robinson, Tim Ursey, James Billy Bain, Greg King, Ed Stephenson, Gary Warthan and Elmer Caton.

Avery Mayor Bill Trimm assured residents that he has already spoken with the office of state Rep. Mark Homer, D-Paris, and has been assured Homer would intervene on behalf of the residents to ensure a public meeting is held.

Red River County commissioners, who are limited by the fact that the application has yet to be refiled, plan to hold a special meeting Friday to consider approval of an ordinance prohibiting a solid waste disposal site in Red River County.

The citizens group also is complaining because George Neill of Stafford has been appointed to represent Red River County on the Solid Waste Advisory Board of the ARK-TEX Council of Governments.

Neill is the engineer in charge of building the proposed Red River County Landfill, should the application and permit win approval.

Josef Hausler voiced concern and disapproval at the Ark-Tex meeting, where he was joined by Avery city officials. Only two votes put Neill on the advisory board. There was one vote in opposition and nine voters abstained.

Most of the votes to abstain came from board members whose terms have expired, and they are awaiting reappointment by the governor.

Another landfill in New Boston has 19 years remaining on its permit and recently purchased more land for expansion. The Paris/Lamar County landfill has 80 years remaining on its permit.

 

MT. PLEASANT DAILY TRIBUNE July 24, 2005

Letter to the Editor-Bill Trimm

 

TEXARKANA GAZETTE July 27, 2005

Unwelcome neighbor
Wednesday, July 27, 2005 8:31 AM CDT

 

 

Avery residents examine, protest possibility of landfill near town

By JAKE BECKWITH
Texarkana Gazette

AVERY, Texas-Residents here were on the defensive earlier this week upon hearing that they may soon have a 250-acre landfill for a neighbor.

Mayor Bill Trimm called an impromptu meeting Tuesday afternoon to discuss grassroot efforts to convince the State of Texas not to grant interested parties a landfill permit.

More than 45 people, approximately 10 percent of the population of Avery, attended the meeting.

Trimm wrote a letter to all city residents informing them the city is "adamantly opposed to the building of a landfill" at the private property on County Road 4325 and U.S. Highway 82 West. The property, currently owned by Edwin Kelsoe, is located about a mile from the city limits.

 

George Neill, the engineer behind the proposed landfill, and Mark Lesher, the lawyer representing Kelsoe, said the city's reaction to the news is premature since the landfill development team had yet to complete and submit the required 75-page Ark-Tex Council of Governments application.

"It is a situation where folks don't know all the facts. They are going off on innuendo. There were very many false assertions (during the city hall meeting Monday night)," Lesher said.

In order for the state to approve the proposed landfill, the application must be submitted to the Ark-Tex Council of Governments, which would forward it with its recommendations to the Texas Commission of Environmental Quality. It would be up to TCEQ to determine whether to issue a permit for the landfill.

Both Neill and Lesher said the landfill is in the beginning stages of development. They promised to provide the citizens of Avery "ample" time to voice their opinions after they complete the application. They said they will not finish the application until after their research is concluded.

L.D. Williamson, an attorney representing ATCOG, predicted it would take anywhere from three to five months for the party representing the landfill to complete the application in question. Williamson said Neill expressed interest in a variety of different classifications of landfills, including the option of accepting medical waste, which may call for the use of an incinerator.

"Medical waste disposal is considered a possibility," Neill told the Gazette on Tuesday.

Lesher, who said they would not know what classification they would pursue yet, said, "We will sit down and decide what type we will ask for (after) our experts complete their homework."

When the Gazette asked to speak to Lesher's "experts," Lesher said he did not have immediate access to their names. Later, he said he did not want to pay his experts for their time to talk to the Gazette about their research. He then referred questions to Neill, who said he recognized how some residents of Avery might not be supportive of a landfill. However, he encouraged them to wait until the application was complete before making a judgment.

"It is common for people to have objections to landfills in general. In terms of specific objections, it is premature," Neill said. "They need to see what we are planning before they object. They will be given ample opportunity to object or ask questions. We have not planned the landfill yet. It is the extremely early phase of development. I know I have told the people of Avery this five or six times already."

Some residents object to the location of the proposed landfill. Their views are not likely to change unless the location does.

Red River County Precinct 4 Commissioner Josef Hausler said one of his greatest concerns is the close proximity of the landfill to the school in Avery. "Any contaminants that might leave the site of the landfill would have a short distance to travel to reach our school. It is a dangerous thing, and I don't want it to be close to it," he said.

Hausler said the landfill would be located about 3,200 feet from the Avery school, based on information provided during the ATCOG meeting on Thursday.

"I hate to see any of those (landfills) put in anywhere, but there are much more desirable places to put it than in the middle of our community. I'm concerned about [the health] of my family and everyone in the surrounding community," Avery resident Greg King said. "I'm scared to death it is going to contaminate the ground water. That is something none of us in Bowie County need."

"Our property values will plummet. We couldn't sell our property for a fraction of what it is worth," he said.

Both sides expressed frustration due to the lack of communication.

"I wish the people who were having a meeting would ask us to come. We would be more than happy to try to explain the process this will go through," Williamson said. "The first step is to get an application. We won't decide anything until we see an application. We don't expect an application for three, four or five months."

Those opposing the landfill effort have already starting planning strategy to defeat it.