RES 1386 05/26/2009 CITY COUNCIL FOR
THE CITY OF CIBOLO NO. 1 386
RESOLUTION
TO BECOME A PARTY OF INTEREST IN THE APPLICATION AND
PRELIMINARY REVIEW RE; APACHE DISPOSAL, INC.,
(TCEQ REG. NO. 40239)
TO OPERATE A TYPE V MUNICIPAL SOLID WASTE TRANSFER STATION AND
TO OPPOSE SAID PERMIT APPLICATION
WHEREAS, Apache Disposal Inc., has applied for a registration from the Texas
Commission on Environmental Quality (TCEA) (TCEQ Reg. No. 40239) to operate a
type V Municipal Solid waste transfer station in Guadalupe County; and
WHEREAS, based on information and belief, the residents of this area are experiencing
problems with the smoke and the odors emitting from materials that are being burned at
said location, causing health concerns; and
WHEREAS, based on information and belief, Apache Disposal Inc., is located in an area
where black water hydrants are present; and
WHEREAS, based on information and belief, Apache Disposal, Inc. has been cited for
violating Guadalupe County's burn ban and has caused a large fire due to improper
burning; and
WHEREAS, based on information and belief, the proposed location for the transfer
station is within close proximity to the 100-year flood plain and "when, not if' the next
flooding occurs in that area, the probability of considerable damage and pollution to solid
and to the Cibolo Creek is probable due to the number of containers Currently stored on
the property, some of which are filled with debris and trash; and
WHEREAS, based on information and belief, Apache Disposal has received from
Guadalupe County numerous citations for environmental violations for a variety of
offenses and subsequently has received enforcement action from the TCEQ; and
WHEREAS, TCEQ is currently allowing Apache Disposal, Inc. to operate a waste
transfer station within Guadalupe County, without the proper registration and has allowed
this operation to continue without registration for approximately the past year and a half,
and
WHEREAS, Apache Disposal Inc. has demonstrated, by previous violations of law as
cited by Guadalupe County and by the TCEQ, that Apache Disposal Inc. has a blatant
disregard for the laws that govern them and appears to have no concern for health and
welfare of the residents of the area. At this time, the City Council for the City of Cibolo
does not feel that Apache Disposal, Inc. will operate under the rules and regulations of
Guadalupe or TCEQ in the future; and
WHEREAS, the City Council for the City of Cibolo believes that it is necessary, based
on the previous history of activity and notice of violations by TCEQ, that Apache
Disposal, Inc. is required to obtain a "permit"from TCEQ rather than a registration.
BE IT THEREFORE RESOLVED, it is the intent of City Council for the City of Cibolo
to seek "Party Status" in the application and preliminary Decision to the Texas
Commission on Environmental Quality (Reg. No. 40239) for the application filed by
Apache Disposal, Inc., to operate a Type V Municipal Solid Waste Transfer Station; and
BE IT FURTHER RESOLVED that the City Council for the City of Cibolo objects to the
registration of the Apache Disposal, Inc., Type V Municipal Solid Waste Transfer Station
(TCEQ reg. No. 40239) in the City of Cibolo; and
BE IT FURTHER RESOLVED that the City Council for the City of Cibolo requests that
TCEQ reject the registration request of Apache Disposal, Inc., and require them to obtain
a permit.
PASSED AND ADOPTED this the d 6 day of May, 2009.
e 'fer tm n, Mayor
ATTEST:
/ .9-f L,
Peggy Cimics, TRMC
City Secretary
Ron Pedde ony ai
City uncil Member, Pl. 1 City Co cil Membe7PI. 2
son Wiederste' Mark Winn
Ci C cil Mem Pl. 3 City Council Member, Pl
i Davis Steve Liparoto
City ouncil in er, Pl. 5 City Council Member, Pl. 6
chard Hetzel
City Council Member, Pl. 7