Insider's Report
June 16, 2003
State Representative Dennis Bonnen
As Chairman of the House Committee on Environmental
Regulation, I had a tremendous responsibility and opportunity this session
to see that our state and county were treated fairly and equitably on
environmental issues.
Environmental Regulation
I included language in HB 1365 to make certain speed limits will
not be reduced for environmental purposes again. It was a hard fight but we
now have legislation prohibiting such unscientific methods of reducing
emissions.
Funding the state's federally-mandated Clean Air Plan was a very
important statewide issue. I authored a bill that raises $150 million
annually for four years that will retrofit old diesel engines and get the
required reductions.
These reductions will put Texas into compliance
with federal Environmental Protection Agency regulations as established by
the U.S. Congress and will keep the EPA from dictating other restrictions
such as a loss in federal highway funds, a 2 for 1 building offset, and
possible "no drive days". This funding also ensures that the ban against
the use of early morning construction equipment will be removed.
Although the EPA does not have its program in place yet, the federal
agency is moving forward with designating counties as nonattainment for an
8-hour standard versus the one-hour standard now in effect. Since this area
is now implementing many pollution-reduction measures, Brazoria County
should meet all criteria for the 8-hour standard and efforts now being made
to reduce pollution should not be changed.
Sludge Issues
For several years, we in Brazoria County have been fighting
unprofessional sludge outfits without any enforcement options. This session
I was able to successfully pass legislation that will put such rogue sludge
applicators out of business in this county.
HB 2546 will not allow any applicators to continue operation unless
permits were filed in a timely fashion. Since Magna Flow permits were not
filed in time, operations by the company will cease in the Danbury and Damon
areas on September 1, 2003.
Sludge applicators must now meet these criteria:
- $3 million insurance policy for commercial liability
- $3 million insurance policy for environmental impairment
- Computer-generated report accessible to public that includes
information on source, quantity, and quality of sludge applied; location of
application unit; date of delivery; cumulative amount of metals applied;
crops grown at site; suggested agronomic application rate of the site; proof
that the applicator is complying with a nutrient management plan.
- Signs posted at application site alerting public as to what is being
applied
- Sludge transported in covered containers
Of particular interest to this area, the TCEQ will not be allowed to
issue a permit if an application site is within 500 feet of a water well or
surface well in a county bordering the Gulf of Mexico.
Landfill Bill
I passed a bill out of the House that would have ended the four-year
fight over the Juliff Gardens Landfill application. The bill required that
any landfill application had to be acceptable to a regional planning
committee and our regional planning committee had already determined that
there is no need for another landfill in Brazoria County.
High dollar lobbyists paid by the applicants, Sentinel Resources and
the Pupo family, were able to put a stop to this legislation in the Senate.
I can assure you that I will continue to work towards terminating this
application as long as it remains pending before the TCEQ.
I would like to thank everyone that has allowed me
the opportunity to work with them on this issue. The Citizens Against the
Dump have been instrumental in leading the fight against this application
and it has been an honor to work with them.
Citizen-Collected Evidence
I have never supported nor will I ever support any legislation that
prohibits citizen collected-evidence as was proposed in Senate Bill 1361.
This bill would have made it illegal for TCEQ to use any citizen-collected
evidence in contested case hearings against those accused of violating the
law.
Current law allows evidence to be considered that was collected by the
public in a manner that is approved by the TCEQ.
I have always been a proponent of citizen participation in the permit
process. It has been proven again and again that the involvement of
citizens plays a critical role in what types of business may be run in the
counties of this state. I am especially proud of the efforts made to crack
down on careless sludge applicators and the fight to prevent incapable
owners from opening an unnecessary and unneeded Type IV landfill.
SB 1361 never even passed the Senate and on to my committee so that I
would have the opportunity to vote it down.
Environmental Crimes
An investigation is now underway to see if hazardous waste was
disposed of at an injection well site in Sandy Point where two people were
killed in January. Highly trained experts from the TCEQ are investigating
the situation. If this investigation should result in a criminal charge,
then they will be a part of the effort to see that the company is punished.
This is an example of why I supported SB 1265.
SB 1265 will strengthen any criminal argument a district attorney of
any county could make when charging a permit holder with an environmental
crime. County DAs can draw on the expertise of state experts and the
findings of state labs.
It only makes sense to require a prosecutor to consult with the TCEQ on
the mechanics of the permit to see if an infraction is criminal. Should the
TCEQ find that the infraction is a criminal violation of the permit, the
prosecutor can then go to court with the backing of the agency that granted
the permit. This bill does not, however, have any effect on any civil
violations that county attorneys wish to pursue.
Since SB 1265 only applies to companies that have a permit with the
TCEQ, the only time the TCEQ would become involved is if the violation was
within the parameters of the permit. For example, if someone was caught
dumping motor oil in a bayou or burning tires on their property, they could
certainly be prosecuted by local authorities without any agency intervention
because that person would not have a permit.
At the same time, SB 1265 will stop some abuses that were in the
system. Over the past few years, some county prosecutors have been using the
courtroom to ensure a steady revenue stream from the criminal prosecution of
environmental crimes. Small businesses that have permits with the TCEQ were
being targeted because of their lack of resources to fight frivolous
lawsuits in the courtroom. I felt strongly that something should be done to
help protect honest business operators from "criminal" prosecution if a
violation occurs on their permit.
My Office Works for You
If you have any concerns, please contact my office. We
may not always know the answer but you will be heard and we will obtain
information for you. My job is to be your advocate.
Angleton Office: 979-848-1770
Austin Office: 512-463-0564
Toll Free: 1-800-647-3809
E-Mail:
dennis.bonnen@sbcglobal.net
Or
Web:
www.dennisbonnen.com
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