The Real Dirt


Kerry Maroney, PE

ORIGINAL PERMIT ENGINEER

MARONEY PG. 184-186 (LINES 20-14)

 

20·· · · Q· ··I was a bit confused when I saw the description

21··because my reading of what the narrative said was that

22··contaminated water was defined as water that got into

23··contact with the landfill waste.··Is that correct?

24·· · · A· ··That's correct.

25·· · · Q· ··Is there no other way for water from the

1··landfill to become contaminated except in contact with

2··the landfill waste?

3·· · · A· ··In accordance with TCEQ definition, that is

4··contaminated water when it comes in contact with waste.

5··We will also -- that's surface water, for example.··We

6··will also have leachate that leaches down through the

7··solid waste within the cells, and that will also be

8··contaminated water.

9·· · · Q· ··My question is, aside from the leachate water

10··and the water that's in contact with the waste, is

11··there, by definition, no other contaminated wastewater

12··from your site?

13·· · · A· ··I think -- I think that would be true.

14·· · · Q· ··Before the discharges are going to happen that

15··you're talking about, are you going to sample the water

16··that you contain in the detention ponds to determine its

17··characteristics?

18·· · · A· ··I don't believe so.

19·· · · Q· ··So you're going to go under the assumption that

20··if it's in the detention pond and has not been in

21··leachate or in connection with the waste, it is

22··therefore uncontaminated regardless of its

23··characteristics?

24·· · · A· ··We will -- we will consider that to be

25··uncontaminated.

1·· · · Q· ··Do you have any plans to test the water quality

2··before discharging it?

3·· · · A· ··From the detention ponds?

4·· · · Q· ··Yes, sir.

5·· · · A· ··Not to my knowledge.

6·· · · Q· ··How many point source discharges from detention

7··ponds do you plan to have?

8·· · · A· ··As far as I know, there will be one from each

9··pond.

10·· · · Q· ··How many ponds do you have?

11·· · · A· ··I'd have to look here.

12·· · · Q· ··Sure.

13·· · · A· ··It appears there's going to be three ponds,

14··Pond 1, 2, and 3.

 

 

MARONEY PG. 188-190 (LINES 8-9)

 

8·· · · Q· ··Okay.··The original application that was

9··submitted contained a list of property owners.··Is that

10··correct?

11·· · · A· ··That's correct.

12·· · · Q· ··And I noticed it had a listing of one easement,

13··an LCRA power line easement.··Is that correct?

14·· · · A· ··I believe that's correct.

15·· · · Q· ··So at the time, there was no listing that Plum

16··Creek Conservation District had an easement on the

17··Hunter Tract?

18·· · · A· ··I think that's correct.

19·· · · Q· ··All right.··When did you discover that we did?

20·· · · A· ··When -- I believe when Plum Creek provided that

21··to us in the form of a GIS document.

22·· · · Q· ··When was the first time you contacted Plum

23··Creek Conservation District in -- with respect to

24··these -- this application?

25·· · · A· ··I don't recall for sure, but it would have been

1··late -- for myself, it would have been late in 2013.

2·· · · Q· ··Had the application been submitted to TCEQ

3··before the first time you made contact with Plum Creek?

4·· · · A· ··No.··I'm thinking, as best I remember, only

5··Part 1 and Part 2 had been submitted for land-use

6··compatibility.

7·· · · Q· ··Do you understand what Plum Creek Conservation

8··District is?

9·· · · A· ··It's a conservation district that maintains and

10··operates the flood control of Pecan Creek there for --

11··and owns and maintains and operates the -- the dam.

12·· · · Q· ··Right.··Do you know that it also has

13··groundwater regulatory authority in the area of your

14··site?

15·· · · A· ··I was -- I'm not aware of that.

16·· · · Q· ··Is it practice -- your practice as an engineer

17··when you prepare these applications to try to discover

18··if there are local sources of information and knowledge

19··related to ground and surface water that might be

20··relevant or helpful to you in preparing the

21··applications?

22·· · · A· ··It typically is.

23·· · · Q· ··Did you reach out to Plum Creek before you

24··prepared Parts 1 and 2 of this application?

25·· · · A· ··Parts 1 and 2 were prepared before I came on

1··board, so I -- I would have to defer to Mr. Welch on

2··that.

3·· · · Q· ··Okay.··So I could ask Mr. Welch that

4··question?

5·· · · A· ··Sure.

6·· · · Q· ··All right.··And do you know whether Plum Creek

7··has any specialized knowledge of geology in the vicinity

8··of your site that might be helpful to you?

9·· · · A· ··I'm not aware of that.

 

 

MARONEY PG. 196-198 (LINES 2-19)

 

 2·· · · A· ··Yeah.··It's labeled "Legal Authority"?

3·· · · Q· ··Yes, labeled "Legal Authority."

4·· · · A· ··Okay.

5·· · · Q· ··And so this is -- this page is part of the Part

6··1 narrative.··Correct?··And you're -- sorry.··Correct?

7·· · · A· ··Correct.

8·· · · Q· ··And you're the sponsoring witness for this

9··section?

10·· · · A· ··Correct.

11·· · · Q· ··Okay.··So 130 Environmental Park, LLC, is both

12··the operator and owner of the facility?

13·· · · A· ··Correct.

14·· · · Q· ··And on Page 49 you state, "No other person or

15··entity has over a 20 percent ownership of the proposed

16··facility," at the bottom?

17·· · · A· ··Correct.

18·· · · Q· ··And this narrative is in support of the Rule

19··30TAC, Section 330.59(e)?

20·· · · A· ··Correct.

21·· · · Q· ··All right.··Are you aware of any entity that

22··owns 130 Environmental Park, LLC?

23·· · · A· ··From my understanding, the Green Group owns it.

24·· · · Q· ··So 130 -- I'm sorry.··Green Group Holding

25··Company.··Is that correct?

1·· · · A· ··Correct.

2·· · · Q· ··Okay.··Is the -- has an ownership stake in 130

3··Environmental Park, LLC?

4·· · · A· ··My understanding, that's the parent company.

5·· · · Q· ··Do they have more than a 20 percent stake in

6··130 Environmental Park, LLC?

7·· · · A· ··I don't know that.

8·· · · Q· ··Do you think you have a responsibility to know

9··that as the person sponsoring this page?

10·· · · A· ··I can't answer that.

11·· · · Q· ··As part of your -- creating the application,

12··you were -- you're supposed to be aware of all the rules

13··of the Commission and laws pertaining to the

14··application?

15·· · · A· ··Correct.

16·· · · Q· ··Are you aware of the definition of person in

17··the TCEQ rules?

18·· · · A· ··No.

19·· · · Q· ··I'll point you to 330 of the Texas

20··Administrative Code, Section 3.2, No. 25, that defines a

21··person.··I'll read this for you.

22·· · · · · · · · "A person is an individual, corporation,

23··organization, government, or governmental subdivision or

24··agency, business trust, partnership, association, or any

25··other legal entity."

1·· · · · · · · · Based on that definition, does that change

2··your answer of how -- of whether you should know if an

3··entity owns more than 20 percent of 130 Environmental

4··Park, LLC?

5·· · · A· ··Yes.

6·· · · Q· ··But you don't know if Green Group Holding

7··Company owns more than 20 percent?

8·· · · A· ··I don't.

9·· · · Q· ··Do you know if Green Group Holding Company

10··is -- operates any other solid waste management

11··facilities?

12·· · · A· ··I do not.

13·· · · Q· ··If Green Group Holding Company owned more than

14··20 percent of 130 Environmental Park, LLC, would that

15··need to be noted in the application?

16·· · · A· ··I can't answer that.

17·· · · Q· ··I'm sorry.··Could you repeat your answer?

18·· · · A· ··I can't answer that.

19·· · · · · · · · I need to take a break.

 

BACK TO EXPERTS

HEADLINES