On March 13th, 2017, the State of Texas Office of Public Interest Counsel recommended to the TCEQ that the Application be DENIED for the 130 Environmental Park Landfill!
The Office of Public Interest Counsel (OPIC) was created by the Legislature to ensure that the public’s interest is represented in issues considered by the Texas Commission on Environmental Quality (TCEQ).
From the Public Interest Counsel’s findings and recommendation:
“Unfortunately, 130 Environmental Park LLC refused to comply with this basic requirement – preventing a full review – as well as provided false or misleading information to the Executive Director [of TCEQ.] Therefore, the PERMIT MUST BE DENIED.”
Page 2, ¶ 2, emphasis supplied)
“Ultimately, OPIC finds that the failure to disclose the ownership role of Green Group Holdings LLC as well as list subsequent information about that organization’s subsidiaries and sold waste sites represents at a minimum a failure to satisfy the evidence of competency and compliance history requirements and at worst FALSE OR MISLEADING STATEMENTS TO THE COMMISSION.”
(Pages 7-8, emphasis supplied)
“The Applicant [130 Environmental Park] bears the burden of proving that its application complies with all applicable statutory and regulatory requirements. OPIC finds that the Applicant DID NOT MEET THIS BURDEN with respect to evidence of competency, compliance history, and land use compatibility. Most notably OPIC finds that the Applicant provided either FALSE OR MISLEADING INFORMATION about the facility’s ownership to the Executive Director during technical review. For this reason, as well as its failure to satisfy the burden of proof on those issues, OPIC respectfully recommends the APPLICATION BE DENIED.”
(Page 19, ¶ 2, emphasis supplied)
Here is the complete 21-page brief entitled, Office of Public Interest Counsel’s Exceptions to Proposal for Decision
THE DUMP IS NOT A DONE DEAL!
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