Blue Ridge Landfill Meeting

For Immediate Release
Thursday, July 26, 2007

Austin, TX — On Wednesday, July 25th, 2007, Representative Mike O’Day (Pearland) met with Commissioners of the Texas Commission on Environmental Quality (TCEQ) to discuss a Contested Case Hearing in regards to Blue Ridge Landfill TX LP’s permit application to expand the landfill.

Rep. O’Day is adamantly opposed to this expansion and expressed his concerns to the TCEQ Commissioners on the expansion of this landfill in the community. In November 2005, a statistically significant increase in the amount of Barium was detected at the landfill, a metallic element that can act as a powerful nerve poison. In previous comments to the TCEQ, Richard Morrison, an attorney retained by the members of Citizens Against the Blue Ridge Landfill Expansion (CABRLE) said "this amounts to evidence that the landfill is already leaking." Allied Waste's Project Development Manager Gary McCuiston's responded that the company is "very confident" that the presence of Barium represents a naturally occurring event.

Given the negative impacts of this expansion, Rep. O’Day believes that a contested case hearing is necessary to determine the effects on surrounding communities, which are currently experiencing unprecedented growth. He cited this information in his request for a contested case hearing focusing on the groundwater and surface water contamination, the increased vectors (vultures, seagulls and rodents), odor emissions and the increase in ground pressure that would be exerted on the subsurface soil by 170 feet of garbage.

**Blue Ridge Landfill **As Permitted **Proposed Expansion
Waste Footprint (302 acres) (784 acres)
Permit Boundary (599 acres) (1345 acres)
Max. Height (58 ft.) (170 ft.)
Life of Site (13 yrs.) (40 yrs.)

As a result of this meeting with the Commissioners of TCEQ, a Contested Case Hearing was granted to consider the effects of this expansion requested by Blue Ridge Landfill. This hearing is an evidentiary proceeding similar to a hearing in civil court; the permit application will now be referred to the State Office of Administrative Hearings (SOAH). The Commissioners validated 19 of 28 issues identified during the public comment period, and these will be the subject of further review and investigation by SOAH. This information will be presented within 12 months to a SOAH judge in Fort Bend County who will conduct a hearing and submit a proposal to the TCEQ Commission to approve or deny the application.

Representative O’Day was pleased to see that this contested case hearing was granted. He is extremely appreciative of Rep. Dora Olivo and Chairman Donna Thomas along with members of the Coalition Against Blue Ridge Landfill Expansion, Brazoria County officials and city governmental officials. Rep. O’Day feels strongly that the efforts put forth in regard to this issue will ensure that a just process will prevail and that the voice of the community will be heard.

Vince Sudela
Chief of Staff for District 29
Representative Mike O'Day
(512)463-0707 (office)

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