CC Resolution No. 1507 2820
RESOLUTION NO. 1507
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY TO SEEK PARTY STATUS AND PARTICIPATE IN TSP
DEVELOPMENT LIMITED'S SOLID WASTE, STORM WATER AND AIR
QUALITY PERMIT HEARINGS PENDING BEFORE THE STATE OFFICE OF
ADMINISTRATIVE HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, TSP Development Limited ("TSP") has applied to the Texas Natural Resource
Conservation Commission for proposed Permit No. SW-39097 which, if issued, would authorize the
operation of a commercial non-hazardous industrial solid waste processing, storage and disposal facility
to be located on a tract of land approximately 1,500 feet south of Fisher Road and approximately 8,000
feet east of FM 1405 near the City of Baytown, Texas; and
WHEREAS, TSP has applied to the Texas Natural Resource Conservation Commission proposed
Permit No. WQ-03959 which, if issued, would authorize the discharge of storm water on an intermittent
and flow variable basis from a proposed commercial non-hazardous industrial solid waste landfill to be
located approximately 1 mile south of Fisher Road and approximately 1.5 miles east of the intersection of
Fisher Road and FM 1405 near the City of Baytown, Texas; and
WHEREAS, TSP has applied to the Texas Natural Resource Conservation Commission for
proposed Air Quality Permit No. 34048 which, if issued, would authorize the emission of particulate
matter and organic compounds from a proposed commercial non-hazardous industrial waste landfill and
associated processing facilities on property located approximately I mile south of Fisher Road and
approximately 1.5 miles east of the intersection of Fisher Road and FM 1405 near the City of Baytown,
Texas; and
WHEREAS, the proposed commercial non-hazardous industrial solid waste landfill described in
TSP's permit applications is situated immediately adjacent to the city limits of the City of Baytown,
Texas, and located in its entirety within the extraterritorial jurisdiction of the City of Baytown,Texas; and
WHEREAS, TSP proposes to discharge storm water runoff from the proposed commercial
industrial waste landfill into Cedar Bayou which flows into Galveston Bay therefore posing a threat to
both Galveston Bay and Trinity Bay; and
WHEREAS, TSP's proposed commercial industrial waste landfill will generate great volumes of
heavy truck traffic, thus potentially impacting traffic safety as well as the roads maintained by the City of
Baytown,Texas; and
WHEREAS, TSP's proposed commercial industrial waste landfill will result in air emissions
which may adversely affect residents of the City of Baytown, Texas; and
WHEREAS, TSP's proposed commercial industrial waste landfill will potentially have an
adverse economic impact on the City of Baytown and its citizens as well as on the public image of the
City; and
WHEREAS, the development of TSP's proposed commercial industrial waste landfill is contrary
to the work that for years, the City Council with the assistance of the federal, state and local governments
has undertaken to improve the quality of life of its citizens while protecting their general health, safety
and welfare; and
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WHEREAS, TSP's proposed commercial industrial solid waste landfill facility is
overwhelmingly opposed by citizens of the City of Baytown, Texas; and
WHEREAS, the City Council of the City of Baytown, Texas, has both the responsibility and the
authority to protect the health, safety and welfare of its citizens and their property interests; and
WHEREAS, the City Council of the City of Baytown, Texas, believes that the siting and
operation of the proposed TSP commercial industrial solid waste landfill would constitute an
unacceptable risk and threat to the public health, safety, welfare and property of the citizens of the City of
Baytown, Texas; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
to seek party status in administrative proceedings on TSP Development Limited's applications for
TNRCC Permit No. SW-39097, TNRCC Air Permit No. 34048, and TNRCC Permit No. WQ-03959 now
pending before the State Office of Administrative Hearings.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 23rd day of August, 2001.
PETE C. ALFARO, Mayor
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ERCEDES RENTERIA, III SCOTT LEY
Council Member, District 1 Counc mber,Distr'c
CALVIN MUNDINGER ON MU Y
it Member,Dis 3 Council Member, District 4
RO ALD W. ANDERSON COLE AN GODWIN
Codncil Member, District 5 Council Member, District 6
ATTEST: 0P11 (qr
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G ity er
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APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci tomey
c:klh275\Council\Resoluti ons\TSPPartyResolutionRevised
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