HomeMy WebLinkAboutR89-205235
SANITATION - LANDFILL
RESOLUTION NO. R89-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, REQUESTING A DELAY IN THE
IMPLEMENTATION OF PROPOSED ENVIRONMENTAL PROTECTION
AGENCY REGULATIONS UNTIL 1994.
WHEREAS, the cities of Texas have the responsibility for
collection and disposal of solid wastes in their respective cities.
Many operate sanitary landfills in accordance with the requirements
of the Texas Health Department and other regulatory bodies. The
expense of operating such landfills has become increasingly
burdensome because of increasing governmental regulations; and
WHEREAS, from the study of various publications as well as
attendance at informational meetings and conferences cities have
been made aware of proposed Environmental Protection Agency rules
which will be adopted under the provisions of the Resource
Conservation and Recovery Act and which will affect the operation of
municipal landfills.
WHEREAS, the cities of Texas understand that the proposed
operating requirements will apply to existing as well as to proposed
new landfill sites. Among other operational requirements will be
development of procedures to screen out hazardous wastes, including
inspections of incoming loads, random inspections of wastes,
documentation of inspections, and proper training of personnel.
Groundwater monitoring will be phased in at existing sites over a
five year period. A closure plan is required with a thirty year
post-closing care period. Financial responsibility for closure and
post-closure care will be required. It is reported that
municipalities will be able to meet these financial responsibility
requirements by insurance, letter of credit, establishing a trust
fund, "or other methods"; and
WHEREAS, the cities of Texa believe that if the proposed
regulations are implemented th, will impose an intolerable
financial burden upon the people of Texas. All areas of Texas are
already suffering from the effects of the energy and real estate
related depression as well as from the prolonged drought. Such
sufferings are aggravated by the fact that federal grants to
municipalities have been eliminatgd or reduced. Local governments
throughout the State are being forced to raise their taxe~ in or~er
to continue to supply services and to comply with ever increasing
requirements imposed by higher governmental authority; and
WHEREAS, if the proposed regulations are adopted and enforced the
residents of all communities throughout Texas, many of whom are
retired persons living on fixed incomes, will be required to
increase dramatically the portion of their monthly income which is
expended for solid waste collection and disposal services, without
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any perceptible improvement in the quality or frequency of such
services. The municipality itself will have to determine whether it
can afford to take the financial risks associated with continued
operation of the municipal landfill under the costly new regulations
or whether prudence will require it to abandon such operations,
which it has provided to its citizens for many decades and which are
regarded in law as governmental functions, and relegate those
services to profit making commercial corporations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Plainview, Texas, for all the foregoing reason, the cities of Texas
request delay of implementation of the proposed Environmental
Protection Agency regulations until 1994. By the adoption of this
Resolution the Plainview City Council calls these concerns to the
attention of U. S. Senator Bentsen, U.S. Senator Gramm, and U.S.
Congressman Combest representing the state of Texas. The City of
Plainview solicits the support of its federal representatives in
delaying the said regulations and calls upon them to monitor the
proposed regulations and to use their best efforts to induce the
Environmental Protection Agency to understand and to ameliorate the
burden which will be imposed on all communities by such regulations.
Passed and Approved this 28th day of November, 1989.
E.V. Ridlehuber, Mayor
ATTEST:
Carla Reese, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~i/~~tt~rney
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