Setbacks mount for Pescadito landfill project

While a local family proposing the creation of a landfill and recycling facility in Webb County received some setbacks in the past several months, Carlos “C.Y.” Benavides III says that won’t deter from their determination to move forward with the project.

In recent months, Rancho Viejo Waste Management, which is run by Benavides and his family, has lost a property rights lawsuit, were denied a Webb County floodplain development permit and received notice that developers have failed to obtain agreements from energy companies with leaseholds within the boundaries of the proposed landfill.

Benavides credits the setbacks to a group of residents and elected officials who are fundamentally against the project because of political reasons, saying while it is disappointing, it isn’t surprising.

Among those who have expressed opposition to the project are his relatives, Arturo N. Benavides and Ana Galo, who co-own tracts of land with Rancho Viejo, and are related to a Webb County Commissioners.

Benavides’ cousin, Arturo N. Benavides, of Laredo’s ANB Cattle Co., says experts, courts and government agencies are proving what they’ve said from the beginning — “building an international toxic waste dump in a Webb County floodplain is bad for Texas and bad for our region’s environment, economy and qualify of life.”

“It’s time for this flawed and dangerous landfill development to stop. It is time for the State of Texas to reject the incomplete, problematic and misguided landfill plan,” Benavides said in a statement to LMT.

Pescadito is designed to be a “fully integrated, state-of-the-art facility that will serve the waste management needs of the surrounding region,” according to its website, which states Rancho Viejo’s goal is “is to construct an environmental resource center that will be used as a national model.”

The recent setbacks come in the midst of Rancho Viejo seeking approval from the Texas Commission on Environmental Quality, or TCEQ, that authorizes the creation and related operations of Pescadito Environmental Resource Center, a proposed 953-acre waste management and recycling facility.

Deficiencies

In October, TCEQ issued a 30-day notice of deficiency, requesting Rancho Viejo address five deficiencies found in recent revisions to a TCEQ permit application.

One of those deficiencies included information from Webb County indicating the Rancho Viejo application does not contain all of the applicable permits and approvals as required by the Texas Administrative Code.

TCEQ requests in its letter that Rancho Viejo provide documentation that indicates the necessary permits or approvals have been obtained.

On Tuesday, a TCEQ representative said the permit application is in technical review and TCEQ is currently evaluating additional information that has been provided regarding Webb County’s denial of the floodplain development permit.

TCEQ’s deficiency notice from October stated failure to submit a satisfactory response to each of the noted deficiencies may result in the application being returned, which would place Rancho Viejo back at the starting point in its attempt to secure the necessary permits to begin construction on the waste management facility.

In a letter dated May 25, Webb County Floodplain Administrator Rhonda Tiffin denied Rancho Viejo’s application for a floodplain development permit due, in part, to a recent court ruling upholding the rights of the co-owners of impacted land.

In March, 49th District Court Judge Joe Lopez granted a summary judgment in favor of ANB Cattle, finding Rancho Viejo has no legal authority to use the disputed surveys as the sites for solid waste landfill facilities without the authorization and consent of ANB Cattle.

Rancho Viejo previously identified ANB Cattle as owning an undivided, non-possessory interest in the surface of two surveys.

Benavides said they are not surprised by the court’s decision.

“Fortunately, this is America and there is a process so we will be taking that to the Fourth Court in San Antonio and we anticipate (having) a different outcome there where the political arm is not so strong as it is down here,” Benavides said.

Other noted issues related to the county’s denial of the floodplain permit include inconsistencies related to FEMA’s Conditional Letter of Map Approval, and incompatibility with local rules.

Tiffin has previously said 43 percent of the proposed site lies within a floodplain.

According to Pescadito’s website, the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency have reviewed and approved plans which remove the site from the 100-year floodplain. Tiffin’s letter to Rancho Viejo’s representatives state that the denial of the floodplain development permit is final and the application request is deemed closed.

This leaves Rancho Viejo with two options, either submitting a new application for floodplain development or filing an appeal of the decision with the Webb County Planning Advisory Board.

Benavides said he plans to appeal the decision.

TCEQ received communications in March from two companies, Hilcorp and Kinder Morgan, highlighting potential issues and inconsistencies, including a lack of proposed plans to relocate facilities within the boundaries of the proposed landfill, according to documents provided to LMT by an ANB Cattle representative.

“Given the controversy surrounding the proposed landfill and the fact that neighboring landowners have opposed the landfill, Hilcorp thinks it is highly improbable to acquire the easements and rights-of-way necessary to relocate our pipelines and flowlines located within the boundaries of the proposed landfill,” Curtis D. Smith, Hilcorp vice present of land, states in a letter addressed to TCEQ.

A representative for Kinder Morgan says in a separate letter to TCEQ that there are factually inaccurate statements made concerning Kinder Morgan in Rancho Viejo’s landfill permit and says he has contacted TCEQ’s deputy director to correct such statements.

Benavides says they are in the midst of negotiations with the companies.

“That is not going to be a hindrance,” Benavides said when asked whether this may be a setback.

He noted that any development, whether it is the expansion of Loop 20 or his proposed landfill, requires the relocation of easements and agreements are frequently worked out that provide for the development projects moving forward.