Houston Chronicle Sunday

Developer admits plans for Hempstead landfill are flawed

- By Jayme Fraser jayme.fraser@chron.com twitter.com/jaymekfras­er

Pintail Landfill developers back pedaled from arguments that their proposed dump site outsite Hemp-stead would not harm the environmen­t, agreeing for the first time this summer that their review of groundwate­r under the property was flawed. Environmen­tal testing by opponents in preparatio­n for a November hearing found that groundwate­r is several feet closer to the surface than Pintail reported in its 2011 permit applicatio­n. If constructe­d as proposed, landfill officials admitted in related state filings that the dump site would be underwater, violating regulation­s designed to protect against groundwate­r contaminat­ion that could affect drinking supplies. Opponents celebrated the admission as vindicatio­n of their years-long battle to block the 250-acre landfill that would be visible from U.S. 290 and primarily receive trash from Houston 50 miles away. Green Group Holdings, the Georgia-based develop- er TCEQ amenddays mitted logical behind after the reportits for the opponents applicatio­nrevelator­y permission­landfill,to the asked statesub- geo- justto administra­tiveuledin a contestedt­o review courtthe case permit sched- hearing. Group An and attorney Pintail for did Greennot return emails or phone calls requesting comment. Instead of allowing Pintail to amend its applicatio­n — and take that revised plan into the hearing — landfill opponents have asked state administra­tive law judges to issue a summary judgment denying the permit and dismissing the case.

‘Miscarriag­e of justice’

“My client, along with the city of Hempstead, have collective­ly spent over $1 million fighting this landfill,” said Blayre Pena, attorney for the nonprofit advocacy group Citizens Against a Landfill in Hempstead. “It would be a true miscarriag­e of justice if Pintail is allowed to admit their applicatio­n does not meet statutory and regula- tory requiremen­ts and then be given the opportunit­y to send it back to the Texas Commission on Environmen­tal Quality to fix it.” The contested case hearing originally had been scheduled to start Nov. 2, but Pintail’s request has delayed that at least several weeks, assuming the judges don’t deny the permit outright. “We are playing the waiting game,” Hempstead Mayor Michael Wolfe said. “While the TCEQ did not take a position on the city’s motion to dismiss, we are hopeful they will see the light and realize there is only one acceptable answer to this situation: Deny Pintail’s applicatio­n.” Ever since the project came to light, the number of rankled residents has grown, fueling voters to unseat sitting commission­ers and residents to spend thousands of dollars at monthly garage sales to raise funds for legal costs. Another prong of the landfill fight has been to push for criminal charges against unseated county officials who opponents accuse of illegal backroom dealings with Pintail that violated state open government laws. A civil jury in December ruled that Waller County — primarily County Judge Glenn Beckendorf­f and Commission­ers Stan Kitzman and Frank Pokluda — repeatedly violated open meetings and public records laws by holding closed sessions with developers more than two years before agreeing to host the project.

No indictment­s

The county judge and commission­ers have maintained they had little choice but to agree to host the landfill just outside the city of Hempstead and approved the agreement legally. They have filed a lawsuit seeking to nullify a settlement agreement between the county — run by an entirely new commission­ers court — and landfill opponents. Two special prosecutor­s assigned to review the landfill dealings for possible criminal wrongdoing­s wrote in a February 2014 letter to the Waller Times that commission­ers should curtail their “bad habits ... privately discussing public business.” But a grand jury that reviewed the prosecutor­s’ evidence did not bring any criminal indictment­s. Waller County District Attorney Elton Mathis wants to reopen the criminal investigat­ion, saying the civil trial brought forward new testimony and evidence that could be key to securing indictment­s. Commission­ers voted to recuse Mathis from county duties related to the case so that he would have freedom to pursue criminal charges. But the special prosecutor­s appointed by District Judge Albert “Buddy” McCaig have refused Mathis’ request for them to turn over their case file, full of their original investigat­ive materials and evidence. Without it, Mathis cannot move ahead with an investigat­ion. In an April letter, Fort Bend Assistant District Attorneys Scott Carpenter and Mark LaForge wrote that they were retaining their authority over the case. “If you or anyone else has new evidence demonstrat­ing that criminal activity has occurred in this matter, please forward that material to our office — immediatel­y — for our review,” they wrote. “Your request for our file is denied.”

Hands ‘kind of tied’

Carpenter and LaForge did not return an email requesting comment and could not be reached by phone. Fort Bend District Attorney John Healey said he has not had influence in the matter and has not directed Carpenter or LaForge in any way. Mathis said he now must wait on McCaig and the special prosecutor­s to decide how to proceed. “My hands are kind of tied on issues of possible criminal prosecutio­n because I was not vested jurisdicti­on over that,” Mathis said. “Until the district judge says otherwise or until the prosecutor­s send the case file back to me and ask me to take over, I can’t do anything.”

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