Hudspeth County Herald and Dell Valley Review (Dell City, Tex.), Vol. 35, No. 47, Ed. 1 Friday, July 10, 1992 Page: 2 of 12
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PAGE 2, HUDSPETH COUNTY HER ALD-Dell Valley Review, JULY 10, 1992
Judge refuses Texas injunction
against sludge project
LETTERS
June 30, 1992
TRUTH
Vol
• 1
I ya
MEMBER 1992
TEXAS PRESS ASSOCIATION
Texas
PO Box 627
Laredo, Texas 78042
I am no political scientist, but it
Hudspeth County/(0d
and DELL VALLEY REVIEW S one
Serving Dell City and Hudspeth County
290Trail West Park, P. O. Box 659, Dell City, Texas 79837
Second class postage paid in Dell City, Texas 79837
Subsidiary MARY-MARY, INC.
will cause irreparable environ-
mental damage,” Brown said in
the affidavit.
Macchio disagreed Wednes-
day: “We have a first-class pro-
ject that uses proven methods
that have been successfully uti-
lized for more than a century.”
MERCO got approval June 4
for the project from Jack Fergu-
son, chief of the EPA permits
branch.
But Morales and assistant at-
torneys general who handle en-
vironmental issues contend the
EPA was obligated to prepare an
environmental impact statement
before granting the go-ahead.
The state also contends the
EPA has violated the National
Historic Preservation Act by
failing to inform the Advisory
Council on Historic Preserva-
tion and the Texas Historical
Commission of MERCO’s plan to
spread sludge on property con-
taining 117 known archaeologi-
cal sites.
PECOS, Texas — The Texas
attorney general’s office lost its
initial bid Monday to halt a gi-
ant sludge fertilization project
planned for West Texas.
In a preliminary hearing, U.S.
District Court Judge Lucius
Bunton dismissed the state’s re-
quest for a temporary injunction
against MERCO Joint Venture
of Oklahoma City. The company
plans to spread 240,000 tons of
New York City sewage sludge on
a desert ranch 90 miles east of El
Paso.
Train cars in New York were
Senator Judith Zaffirini
District 21
The Senate of The State of
........ Editor Publisher
______Assistant
_______CrowFlat Editor
__....Sierra Blanca Editor
........ Ft. Hancock Editor
...— Courthouse News
Mary Louise Lynch ........
Susan Barker..................
C. Warren....-------------------
Bernice M. Elder.........—
Linda Polk..—---------------
Sally Brown.....-..-.-...-.....
This situationcan only imply ex-
treme ignorance, incompetence,
personal motives or a combina-
tion on the part of the “officials”
of Hudspeth County.
I should like to point out that a
“Preliminary Notice” appeared
on Page 6 of The Hudspeth
County Herald & Dell Valley Re-
view, June 12, 1992, and reads
as follo ws:
Observing this notice, several
items of conflict come to mind.
First of all, it has long been under-
stood that any so-called “progres-
sive” growth in Sierra Blanca
would be dependant, among oth-
er things, upon the modernization
of the town’s infrustructure,
andits ability to facilitate
growth. According to the provi-
sions of this notice, Sierra Blanca
does not, will not and cannot
have the necessary infrustructure
to become a “new age” metropolis.
Sierra Blanca must remain what it
has been, is now and should be —
an agricultural community.
Another more obvious conflict
is that despite the limitations
set upon a community sewage
Page 12
this arid rangeland project is
something new and can’t be
treated the same way as the oth-
er projects the EPA approved.”
Most other use of sludge as a
fertilizer is on wetter farmlands
in the North and Midwest.
MERCO’s project is the largest
in the country on arid range-
land.
The attorney general’s lawsuit
includes an affidavit from Texas
A&M University soil and crop
expert Kirk Brown, who visited
the Sierra Blanca site Monday
to inspect the soil, vegetation
and topography. Brown has in-
vestigated sludge projects across
the country.
He described MERCO’s pro-
posed project as “clearly experi-
mental” and said it will not ben-
efit the soil or enhance crop
production.
“The proposed application of
sewage sludge on this particular
site is not a beneficial use but
Any erroneous reflection upon the character, standing or reputation
of any person, firm or corporation, which may occur in the columns
of the Hudspeth County Herald will be gladly corrected upon being
brought to the attention of the editor-publisher. The pubfisher is
not responsible for copy omissions or typographical errors which may
occur other than to correct them in the next issue after it is brought
to attention, and in no case does the publisher hold himself liable for
cowring the error. The right is reserved to reject or edit all advertising
copy as well as editorial and news content.
PUBLISHED ON FRIDAY OF EACH WEEK for Hudspeth County,
Texas, third largest co untv. Notices of church, entertainments where
a charge of admission to made, card of thanks, resolutions of respect,
and all matter not news, will be charged at the regular rates.
SUBSCRIPTIONS:
Required by the Post Office to be Paid in Advance
PUBLISHED ON FRIDAY OF EACH WEEK
For Hudspeth County, Texas
$12.00 in county $13.00 Out of county
Phone: 915-964-2426 915-964-2490 915-964-2467
(The following is last week’s news
the AG’s office bringing suit against
the EPA and Merco — also to the right
on this page, the hearing July 6
and decision of Judge Bunton)
Texas sues EPA,
sludge company
to stop dumping
By Gary Scharrer
and David Sheppard (July 2, 1992)
El Paso Times
AUSTIN — The state of Texas filed a lawsuit
Wednesday against the U.S. Environmental Protec-
tion Agency and MERCO Joint Venture to prevent
the dumping of sewage sludge on far West Texas
desert until environmental impact and archaeological
studies are done.
U.S. District Judge Lucius Bunton has scheduled a
hearing Monday in Pecos on a temporary restraining
order and injunction requested by Texas Attorney
General Dan Morales.
“We want nothing more than the EPA to follow the
law, and this is to determine whether the sludge and
the methods for its disposal, particularly on such arid
land, will harm the environment and create a hazard
for the citizens of West Texas,” Morales said.
MERCO partner Ralph Macchio, in a prepared
statement, called the lawsuit “a thinly disguised at-
tempt to discriminate against out-of-state bio-solids.”
Regional EPA officials in Dallas said they couldn’t
comment on the lawsuit until legal and technical
staffs had a chance to review it.
MERCO has a six-year, $168 million contract to
spread processed New York City sewage sludge on its
128,000-acre ranch on the edge of Sierra Blanca,
about 90 miles southeast of El Paso. The company
plans to start spreading 125 tons of sludge per day by
mid-July.
The first trainloads were being loaded Wednesday
in New York.
The Texas Water Commission approved the project
in May and tightened restrictions on the sludge use
Tuesday in response to an outcry from Hudspeth resi-
dents. The EPA, which encourages land application of
sludge, also approved MERCO’s plan.
Sludge — a byproduct of municipal sewage treat-
By Paul Saiopek
El Paso Times
(July 7, 1992)
ment — can be used as a rich the project
fertilizer when properly applied praised the attorney general's Scientists told the El Paso
awe . A action. Times in early June that the
There are, however, no thor ‘‘We have been saying all sites were found in a 1973 survey
push and reliable scier effects of along this is going to be an en" of th® land that examined about
ies demonstrating the effe tsvironmental disaster, said a third of the Sierra Blanca
sludge on the particular and, Roy Griffin of Alert Citizens Ranch, which MERCO bought
non-agricultura. part of Hud- for Environmental Safety, a for $4.5 million in May.
war office Mid in the lawsuit. Hudspeth Countya ctivistlorn. Marc Sybert, MERCO spokes-
“Thus, the environmental effects 9 ^neral's office has discov- man, said Wednesday the com-
of this particular project have . Serve been saving pany hasn’t decided, what to do
not been established.” ered what we ve been saying next.
J L A , 1 I IS IUCe
. Hudspeth County also sued The lawsuit, he said ,‘‘brings “No alternative plans are in
But the junction was dismissed to the forefront the realization place at this time.” she Mid.
But the awsuit was dismissed “It’s something we’ll have to
because it was improperly filed. look at." 6
loaded with sludge — the by- mental Protection Act. The
product of sewage treatment federal regulations include
plants — July 1 and the first lengthy on-site studies to de-
load could arrive in West Texas termine if the sludge would
by the end of the week, officials pollute the region’s groundwa-
said. ter or destroy ancient Indian
State lawyers argued unsuc- sites con .
cessfully that the U.S. Environ- In May, MERCO applied for
mental Protection Agency didn’t a beneficial use application
resection Asenx e from the EPA to apply sludge,
consult with Texas authorities No permit has been formally
ano rushed the project through issued, though the EPA said in
its permitting process without june that it will also require
fulfilling required environmen- MERCO to get a federal waste-
tal and archaeological studies, water discharge permit. Those
Lawyers for the EPA and permits are pending, but MER- i understanding despite the
MERCO countered that such ac- CO has been given the go- is my understand.sicspicome
tions weren’t required. They said ahead to spread sludge, propagation of misinformation
the controversial project has so Meanwhile, the federal gov- and the deletion of facts suffered
far been handled at the state ernment is rewriting its through my education in the pub-
level, through the Texas Water sludge-f. ilizing rules, which lic school system, that the found-
Commission. has added confusion over the ing fathers of this country gave to
MERCO lawyer Robert E. question of who has jurisdic- the people as a form of govern-
Birne also said the project did tion in permitting- MERCO’s ment a Republic. This fact is ci-
not fall under the federal Clean project in Texas, ted almost daily (though without
Water Act because the sludge The Texas Historical Com- understanding or proper explana-
will be used beneficially as fer- mission, angry that it wasn’t tion) by the youth of our nation
tilizer. contacted by the EPA until in «The Pledge of Allegiance
“We were pleased with the June 22 regarding the project’s n -16
ruling and think it supports our impact on West Texas Indian and to the, HP"Alicife“hid it
environmental standing,” said sites, said it may join the - stands... _lh£ American Men
Marc Sybert, a MERCO spokes- states suit against the EPA tage Dictionary defines Republic,
woman. If any further appeals and MERCO. “A political order in which the
are filed, we feel we’ll win on all “It’s my opinion that (the supreme power lies in a body of
merits.” sludge project) would be a vio- ci tizens wh o are en titled to vote
Attorney general’s office law- lation of the National Historic for officers and representatives
yer Gregg Cooke said the state Preservation Act,” testified responsible to them.”
would fight the court’s decision historical commission archae- H.d-ath Counft Texas the
, , logist James Bruseth, who Hudspeth County, lexas, the
at a hearing Sept 14. the notice river bv the elected officials are responsible
"I think it’s ludicrous to allow EPA was insufficient to pro- to residents of the county;but
the EPA to follow its regulations tect 117 known Indian sites this unfortunately has not been
in other states yet with state from possible damage by MER- the case, especially regarding
agdnenes" Cooke said.—-They CO‘s heavy equipment. , the acceptance of toxic and ra-
may get away with this sort of In a statement released by dioactive waste within the coun-
thing in other places, but it MERCO after the hearing, ty by the said officials without
doesn’t wash with the Texas at- company officials said their the consultation of the body of
torney general." sludge application proposal electors to which they are, un-
Key testimony Monday hinged mental Ponsraeratiohs in m'ind' der the Constitution, responsible,
on EPA’s role in allowing,
“We intend to be good
MERCO to proceed with its neighbors,” said MERCO part-
sludge project, the largest at- ner Ralph Macchio. “We
tempt to fertilize an arid habi- strongly believe we have a
tat in the nation, first-class project that will
Should federal funding or benefit both the environment
permits be involved, the com- and the local community.”
pany would have been subject
to tougher environmental rules 1
under the National Environ-
Pecos interested in sludge
PECOS, Texas — A Reeves mile county would make a
County official said if MER- more attractive site for MER-
CO Joint Venture is stymied CO s fertilization plans,
in its plans to spread sludge “I think the citizens of this
on rangeland east of El Paso, county would be much more
the company may be welcome receptive if it were proven
nearer Pecos safe and a benefit, said Har-
* ======
that more irrigated agncul- MERCO has bought a $4.5-
tiral land in his 2,500-square- million desert ranch.
...ALSO I’M MUCH 1
STRANGER THAN YOU!
S--— ----
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Lynch, Mary Louise. Hudspeth County Herald and Dell Valley Review (Dell City, Tex.), Vol. 35, No. 47, Ed. 1 Friday, July 10, 1992, newspaper, July 10, 1992; Dell City, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1602354/m1/2/: accessed June 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .