Weatherford Democrat

Top News

January 29, 2013

Judge reverses TCEQ permit

 

By JUDY SHERIDAN

jsheridan@weatherforddemocrat.com

 

Saying the cities of Aledo and Willow Park were not afforded due process at a preliminary hearing, an Austin district court judge ruled Thursday that a permit issued to Republic Waste Services of Texas to build a municipal solid waste transfer station near Aledo schools be vacated and the case remanded back to the Texas Commission on Environmental Quality.

TCEQ granted the permit in December 2011, following an October 2011 ruling by Administrative Law Judge Richard Wilfong stating that the Brazos Transfer Station had met state licensing requirements.

“TCEQ must start over,” Betsy Elam, an attorney with Taylor, Olson, Adkins, Sralla & Elam, representing the City of Aledo, explained. “The administrative law judge wouldn’t allow Willow Park or Aledo party status, and no one was sworn in. The hearing was conducted in such a slap-dash way that the cities were denied proper due process, so it was unconstitutional for them to be denied party status.”

At a preliminary hearing in March 2010, Aledo Mayor Kit Marshall, on behalf of the city, requested party status for the contested case hearing to oppose Republic’s permit application, but Wilfong denied it.

Former Willow Park Mayor Ken Hawkins was also denied party status.

The ruling kept the cities from participating in the official hearing.

Wilfong did grant party status to Aledo Independent School District, Walsh Ranch and residents located near the proposed waste transfer station.

“I liken it to David and Goliath,” Marshall said. “When David wins, it’s an amazing thing. It’s a miracle, actually. This is a huge win, and it’s wonderful for our community.”

“It’s a good thing for the city,” Willow Park Mayor Richard Neverdousky said later. “That’s the reason we pursued it. There’s a lot of impact on roads, entrances and exits and it’s particularly bad for the school district.

Text Only
Top News
Must Read
Top News
House Ads
AP Video
Traditional African Dishes Teach Healthy Eating The Carbon Trap: US Exports Global Warming 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow Raw: Deadly Tornado Hits Virginia Campground Ohio State Marching Band Chief Fired After Probe Raw: Big Rig Stuck in Illinois Swamp
Poll

The City of Weatherford is considering an ordinance that would ban smoking inside restaurants and enclosed areas where food is prepared, sold or consumed. Do you agree with this proposal?

Yes
No
Undecided
Don't care
     View Results