HomeMy WebLinkAboutR-1990-09
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RESOLUTION NO. 90-9
WHEREAS, the State of Texas and the United States of America,
through the U.S. Environmental Protection Agency, have entrusted
to the Texas Water Commission the protection of public health, air
quality and water quality in Texas by designating the Texas Water
Commission as the permitting agency for hazardous waste management
facilities in Texas; and
WHEREAS, in 1986 Houston Chemical Services, Inc. applied to
the Texas Water Commission for a permit for a hazardous waste
incineration facility, proposing to incorporate certain
incineration equipment previously abandoned by the Quaker Oats
Company at its plant site located near the City of La Porte in
Harris County; and
WHEREAS, after carefully evaluating the Houston Chemical
services, Inc. proposal, Harris County and the City of La Porte
joined various other entities in formal opposition to the Houston
Chemical Services, Inc. application before the Texas Water
Commission, and spent many months and over one million dollars on
technical studies regarding the proposal and participating in the
public hearing; and
WHEREAS, during the course of the 68-day public hearing on the
Houston Chemical Services, Inc. permit application (which resulted
in 10,529 pages of transcript and 154 exhibits), Harris County and
the city of La Porte presented a great amount of professional,
credible, expert testimony clearly demonstrating many technical
flaws and regulatory shortcomings of the Houston Chemical Services,
Inc. proposal; and
WHEREAS, the Texas Water Commission Hearings Examiner who
conducted the entire public hearing and saw, heard and reviewed all
of the evidence prepared a 76-page Proposal for Decision strongly
recommending that the Commissioners deny the Houston Chemical
Services, Inc. application based on at least five (5) separate and
independent reasons, including: (1) incineration design problems,
(2) siting problems, (3) waste analysis problems, (4) operating
financial assurance uncertainties, and (5) uncertainties about air
emissions; and
WHEREAS, in spite of that recommendation, two members of the
Texas Water Commission, Chairman Buck Wynne and Commissioner Cliff
Johnson, voted on september 11, 1990 to issue a permit to Houston
Chemical Services, Inc.; and
WHEREAS, evidence in the public hearing established that if
Houston Chemical Services, Inc. received a permit from the Texas
Water Commission, Houston Chemical Services, Inc. would pay a bonus
of at least $340,000 to the firm of Biggart and Soward, whose
principals are Lee Biggart, former Chairman of the Commission, and
Larry Soward, who was Executive Director of the Commission at the
time the Houston Chemical services, Inc. permit application was
submitted; and
WHEREAS, the actions of Commissioners Wynne and Johnson in
voting to issue a permit to Houston Chemical Services, Inc. raise
serious questions regarding the bases for their decision and their
ability and willingness to evaluate the Houston Chemical Services,
Inc. permit application on its technical merits and in accordance
with proper standards; and
WHEREAS, the actions of commissioners Wynne and Johnson in
voting to issue a permit to Houston Chemical Services, Inc. is
direct contradiction to the information developed during the course
of the 16 month public hearing and seriously jeopardizes the
integrity of the permitting process at the Texas Water Commission;
and
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Resolution NO.90-9, Page 2
WHEREAS, Texas Water Commission authorization for Houston
Chemical Services, Inc. to undertake full scale testing of its
flawed project will subject many Harris County residents to
potentially dangerous levels of toxic emissions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE, TEXAS
1. That Commissioners Wynne and Johnson are requested to
fully and publicly account for and explain their actions in voting
to approve the application of Houston Chemical Services, Inc.; and
2. The Texas Water Commission is requested to reconsider and
withdraw its action approving the application of Houston Chemical
Services, Inc.; and
3. The U.S. Environmental Protection Agency is requested to
investigate all the facts and circumstances surrounding the Texas
Water Commission's approval of the application of Houston Chemical
Services, Inc. and to consider withdrawing its delegation to the
Texas Water Commission of authori ty to issue hazardous waste
facility permits in Texas.
PASSED AND ADOPTED this the .:<~ day Of~' 1990.
CITY OF LA PORTE
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~o an L. Malone, ayor
ATTEST:
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City Secretary
AP~ uJ dJ
City Attorney