Beach City vows to battle proposed industrial landfill

By Cindy Horswell
Houston Chronicle
April 1, 1997

BEACH CITY -- Residents and officials in this Chambers County town are vowing to fight the constuction of a proposed $200 million industrial landfill that would be the larges in the Houston area.

" This would be a singularly poor place for such a landfill, " Mayor James Standridge said Monday.

He said contaminants from the site could reach Cedar Bay and even Galveston Bay.

The application says there are no drinking water wells within a mile of this site, but there are dozens of them closer in our city limits," Sandridge said.

TSP Development Ltd. of Kingwood, formed two years ago to construct landfill on 800 acres south of Fisher Rd., near the Beach City limits. contends the project would not threaten the environment.

Managing partner Terry R. Parks described it as a Class I waste site, which by law can handle only industrial waste that the EPA has not classified as hazardous.

But Standridge said that classification can be misleading.

"The Class I site cannot accept radioactive materials, PCB's or sic or eight other things, but most carcinogenic, poisonous and flammable materials can be put there." he said.

TNRCC Commissioner spokesman Jesse Boutlinghouse acknowledged that EPA guidlines do not always preclude Class I sites from accepting wastes that may be hazardous to humans.

"There are lots of loopholes," he said. For instance, he said paint that contains the carcinogens xylene and toluene could spill, and the contaminated soil could legally be burried at a Class I site, he said.

However , he added, most of the EPA standards err on the conservative side, and the natural resourse commission works to see that any landfill is constructed as safe;y as possible.

Only two other Houston area sites, which are much smaller, accept Class I waste: Wester Waste in Conroe, and BFI near Anahuac, the Chambers County seat.

Called Cedar Point, the new proposed site would be located in land that was formerly part of the defunct USX steel mill. The application proposes burying 2,000 tons of industrial wasted daily on 247 acres of the site with the rest of the property used for storm water storage and a buffer zone.

The application states that the site would release 25 tons of air emmissions a year, which upsets Standridge. He notes that the city is already contending with "outrageous odors" from a lower-grade industrial wastes site, Sanifill, that is four miles from the new proposed site.

Sanifill officials could not be reached for comment.

Parks said the proposal meets or exceeds state requirements.

He sasid the partnership also would have to show financial assurance that it could handle any liability from the site. He would not identify the "silent partners" in the project.

Beach City has mailed letters to alert residents about the proposed landfill, Standridge said. He said city officials also are talking with an attorney about possible ways of blocking the project.



Abandoned Barges to be removed Houston Chronicle
June 18,1997

The Coast Guard has awarded a $1.3 million contract to remove as many as 30 abandoned barges littering the San Jacinto River. Work will begin July 1.

BGI Enterprises, Inc of Beaumont was given the contract after a 2 year push by U.S. Rep Ken Bentsen, D-Houston, to fund the project.

Owners of the coroded barges -- apparently abandoned because they had no financial value -- could not be located.

Area residents complained that during 1994 flooding three barges floated and two beached inthe backyards of fiver front residents.

Another was nothing more than a blackened hull left in the middle of the river after a spectacular fire caused by a gasolene pipeline rupture.

Baytown Mayor Pete Alfaro had expressed concern that another abandoned barge might one day break loose and damage and close the Interstate 10 bridge, a key emergency evacuation route for baytown residents.

Bentsen also speculated that if the remaining barges were not removed that they might drift into commercial shipping lanes or even leak hazardous chemicals.

Residents also complained that recreational boatersfaced the possibility of serious injury if they hit the barges, sunken slightly below the waters surface.



Building Construction rules tightened in coastal waters

Austin (AP) -- Construction projects in the states coastal areas will have to comply with new building rules in force next year in an effort to reduce storm related insurance losses, according to the Texas Department of Insurance.

Commissioner Elton Bomer on Monday adopted the new construction rules, which take effect June 1, 1998. They apply to constuction -- including building additions and structural repaisr -- on homes nd non engineered buildings within about 25 miles of the Gulf Coast.

Amung other things, the code requires:

  • Roofing shingles to be attached with 6 inch nails instead of 4.
  • A prohibition on the ise of staples to attach shingles.
  • The use of specific lumber for wood frame walls.
  • Additional protectin from flying debris for homes and buildings on the seaward side of the Intracoastal Waterway which runs along the coast and the barrier islands.

    "The amount this code will add to the price of new homes will be more than offset b greater safety for the famils living in them, by reducing insurance costs and by an improved market for residential property insurance," said Bomer.

    Homes and buildings constucted after June 1, 1998, that don't meet the new requirements would not be eligible for wind and hail insurance coverage offered by the Texas Catastrophe Property Insurance Association. The program insures homes in the States coastal areas that can't get insurance from standard companes.

    FEMA rules may force pair from home

    Houston Chronicle
    Sunday, July 27, 1997


    JONESTOWN (AP) -- Buddy Stueve, who turned 67 Friday, doesn't want the government to help him rebuild the 900 sq ft home he constructed on Lake Travis.

    He just wished the Federal Emergency Management Agency, touted by disaster officials as offering safety nets for flood victims, wouldn't turn "my all-American dream into a nightmare."

    Stueve, whose roof was topped b three feet of water in recent flooding, faces regulations that weren't in place when he started constructing his home 25 years ago.

    Back then, there weren't federal rules saying that once a home receives 50% flood damage, it must be elevated 1 foot above the 100-year flood level.

    The requirements threaten to take the Korean War veterans hom away from him.

    "I'm not going to bother Jonestown, and I'm not asking for a dime from the government. Why can't they just let me be?" Stueve said.

    Bette Baldwin, director of emergency management for Travis County, said it is likely that other homeowners are in the same situation in the wake of flooding that affected about 189 homes in Travis County.

    There is no enough federal disaster money available to buy out these homeowners, Baldwin said. Asked what would happen to people such as Stueve and his wife, Baldwin said, "I don't know."

    The foundation of Stueve's blue-with-white-trim cabin is made of railroad ties and telephone poles hammered together with 16 penny nails. Th roof is covered with tar paper and shingle role. -- "and it's nailed down darn well, I'll guarantee it," Stueve says.

    Damage to the home was put at $18,000 by Jonestown building code inspector, over the government's 50% benchmark. If anyone is going to continue to live there, it must be elevated 23 feet on stilts.

    Stueve, who with his wife has a monthly fixed Social Security income of just over $1000 a month, has no idea how he would pay the 6 figure cost of elevating the home. He would like to simply repair the home himself a little at a time.

    FEMA disaster relief spokes-woman Jo Morris says there are three safety nets available for such flood victims: private insurance, a Small Business Administration disaster loan and a family grant.

    But Stueve said the couple couldn;t afford $300 annually in insurance premiums. He doesnt see how he would qualify for a disaster loan, because he wouldn't be able to repay it.

    A FEMA personal assistance grant has a maximum value of $13,100 -- far short of what is needed to elevate his house or buy a new one.

    "Do you know where we can buy a $13,000 home?" Stueve asked. "And I can't pay a $700 a month mortgage payment. I might try, but they would have to evict me in 30 days."



    Environmental Lawsuit Scheduled for February

    by Christian Messa
    The Baytown Sun
    July 15, 1997

    Attorneys representing northeast Baytown residents who claim their property values have been hurt by a nearby company continue to gather documentation from company officials as they prepare for a February trial.

    Attorney James L. Reed Jr., one of three lawyers representing the residents, said Monday he has gathered at least six boxes full of documents for the pending case and expects even more.

    "What we need to do is file a motion to compel (for more documentation)," he said.

    In the lawsuit against Engineered Carbons Inc. and J.M. Huber Corp., the emissions from the ECI facility at 9300 Needlepoint Road have significantly lowered their property values.

    The residents claim ECI, which purchased the plant from J.M. Huber in July 1995, released pollutants into the air, water and soil that have damaged their property.

    Their lawsuit further alleges J.M. Huber and ECI have killed off numerous trees on their property and killed or weakened trees in surrounding neighborhoods as a result of emission releases since at least 1993.

    Homeowners have also expressed health concerns over the carbon black releases since the particulate has been classified as a known animal carcinogen.

    Although more than 150 residents area represented in the lawsuit, Tracy Fuqua, a Baytown resident, is not one of them.

    Fuqua called the lawsuit a case of "extremely poor timing," saying ECI is working to solve it's emission problems and that the last release happened years ago.

    "Now to file a lawsuit I think is ridiculous," she said. "The problem is being taken care of, and there's no way this is hurting property values. Our property values are going up all the time."

    Becky Ohler, an environmental investigator with the Texas Natural Resource Conservation Commission's Houston office, said the agency's last confirmed nuisance violation against ECI as OCT. 12,1995.

    They're definitely making a big improvement over there -- it's night and day from a few years ago," she said.

    Several homeowners whose names appeared in the lawsuit either did not return phone calls or declined to comment about the pending case.



    Colonial Settles pipeline lawsuits

    Area residents share in $11m disbursement

    by Bobby Horn
    Highlands Crosby Star Courier
    August 7, 1997

    HIGHLANDS -- This week, Colonial Pipeline, who has been involved in a lawsuit for the last three years with approximately 2000-3000 Highlands residents agreed to a settlement offer.

    Sources close to the lawsuit say that the settlement was in the area of $11 million.

    During October 1994, heavy floods exposed a pipeline belonging to Colonial, which later ruptured. David Maierson, an attorney for the residents, said they filed the claim the day after the explosion, claiming that Colonial had shown gross negligence which resulted in damage to both his clients and their property.

    Sources say that as part of the settlement offer, parties in the suit received payments ranging from $500 to $15,000 from Colonial and that approximately $5million of the settlement offer went to Highlands residents.

    Despite the offer from Colonial, Maierson said that Colonial denied the allegations that they were at fault and claimed that they were not liable for damages that resulted from the explosion.

    According to a 1996 investigation report issued by the National Transportation Safety Board, they found that the rains had a direct impact on the pipelines.

    "Due to the flooding, eight pipelines ruptured and 29 others were undermined both at river crossings and new channels created in the flood plain. More than 35,000 barrels (1.47 million gallons) of petroleum and petroleum products were release into the river. Ignition of the released products within flooded residential areas resulted in 547 people receiving burn and inhalation injuries. The spill response costs were in excess of $7 million and estimated property losses were about $16 million.

    Residents of Highlands weren't the only ones affected by the explosion and the as result are not the only ones suing Colonial.

    A group of Barrett Station residents, represented by Anthony P. Griffin, of Galveston has also filed a lawsuit against Colonial.

    Betty Wong, an attorney working on the case in Barrett Station, said that she was aware of the settlement offer from Colonial to the Highland's residents, but that Colonial had not approached her or her clients about a settlement offer.

    Wong said that the settlement to Highlands doesn't strengthen her case but is is encourageing. By making one settlement, she added, it shows that the company may be willing to settle with other plainiffs rather than take the case to court.



    EPA to go online with industrial reports

    by Carlos Byars
    Houston Chronicle
    August 17,1997

    Sensitive information about 660 U.S. industrial plants will be available on the internetas early as next year, under a new federal program.

    Under the Environmental Protection Agency program, at least four Houston area plants will be affected by the Secter Facility Indexing Project. At least 43 plants are in Texas -- possibly more -- that will fall in to the five major industrial catagories covered by the program. Those catagories include producers of oil products, steel, other metals, autos and papers.

    EPA spokeswoman Dennise Kearns said she was able to determine that facilities owned by Champion International, Lyondell-Citgo, Phribro Energy USA Inc., and Crown Central Petroleum Co. will be included.

    The records to be put on the Internet are available to the public but are hard to find. They include inspection reports by state and federal agencies; whether a plant is considered in significant non-compliance; enforcement actions within the two preceding years, including penalties; pollution releases, including those for which the plant is permitted; the number and volumn of pollution spills, including any injuries or deaths.

    The reports also will include include information on the population surrounding the plant, Kearns said.

    We are collecting records from several different sources and are putting them in a system that will let us look at them at the facility level and industrial sector," she said.

    Kearns said risk factors will be determined from the EPA's Integrated Risk Information System.

    She said that a model has been sent to the EPA's science advisory board for discussion next month. The agency could decide to wait on public comment or proceed with the project.

    Most companies and associations are withholding comment. However, the organization of state environmental agencies, including the TNRCC, oppose the project.

    Tom Gilroy, spokesman for the Chemical MAnufacturers Association, said it was unclear how many association members would be involved. He said the CMA beleaves the public can be trusted to understand about plants and their releases.

    "We feel it is good to share with the public, but there are people who will take the information and distort it," he said.

    Gilroy said that while the EPA's efforts is aimed at sharing information about the plants, the agency opposes legislation that would require the EPA to make public the information it uses in forming environmental decisions.

    TNRCC Chairman Barry McBee said in a letter to the executive director of the Environmental Council of the States that the project is redundant, has not been adewuately justified, takes the wrong approach to regulation, and is an inappropriate use if the data.

    A spokesman for the American Petroleum Institute, the major voice for the petroleum industry, said a responce was being prepared.



    Couple Survives attack onm San Jacinto River

    Husband beaten after ambush by fellow boaters

    By Emily Elsen
    The Baytown Sun
    September 5, 1997

    For most recreational boaters, a day on one the many waterways in the Baytown area is a day of relaxation and fun.

    But for one local couple, a recent trip down the San Jacinto River turned into a day of terror when they were rammed, chased and assaulted by another group of boaters.

    The incident happened on a quiet Sunday afternoon on August 24th, when the husband and wife were boating on the San Jacinto River near Highlands' Banana Bend.

    Six suspects -- one female -- five males -- approached the right side of the couples boat that afternoon , shouted threats and attempted to board their boat, the couple told investigators with the Harris County Sheriffs Department.

    When the man and woman tried to escape, they were pursued onto the Banana Bend Beach where the man was severely beaten.

    Throughout the pursuit, the suspects charged at the victims boat.

    "It was just scary," the woman recalled.

    "We literally fled for our lives," she said.

    Thr victims landed their boat a Banana Bend and the woman was able to run away, but not before seeing her husband ambushed by five of the suspects, who continued to beat him, she reports.

    If she hadn't been able to arouse a nearby resident, her husband might not be alive, she said.

    The man and woman, fearing retaliation, asked that theur names not be used for this article.

    At first, the couple thought that the suspects wanted to rob them -- but instead of stealing anything when they had a chance, they just continued their assault, the woman told The Baytown Sun.

    "They would have probably killed my husband," she said.

    "They were really after these people for an unknown reason," said Sgt. T. E. Kiser, of the sheriffs department.

    No arrests have been made.



    Major apartment complex to be built in Highlands

    <,h3>550 luxury units scheduled for San Jacinto waterfront by Gilbert Hoffman Highlands-Crosby Star Courier Staff HIGHLANDS -- Developers announced this week plans for a large new private apartment developement on the banks of the San Jacinto River in Highlands.

    Highland Ventures, Ltd, is a group of Texas investors who have built several thousand units of upscale, amenity rich apartments in Southeast Texas since 1975, according to the press release.

    The project is located on 34 acres of land on Stagmiller Road, which is next to the Highlands Post Office and extends back to the San Jacinto River.

    The developers state that 414 to 550 units of apartments will be built, ranging from 1 to 3 bedrooms and rental rates of $625 to $840 a month.

    Construction is scheduled to start in December 1997, with the conpletion of the first 160 units buy the summer of 1998. Also to be built are two swimming pools, childrens play area, club house with exercise facility, office, mail room, laundry rooms, and lighted fishing pier.

    The design includes 900 feet of frontage on whites lake, which is part of the San Jacinto River. There will be over three acres of waterfront park.

    The description of the project, in the sales literature, says that the site will include massice pine and hardwood trees, and a dazzling overlook of the water to the west.

    The developer states that "demand for premium residential multi-family housing vastly exceeds available units in this area.

    "A vigorous and rebounding economy.. has increased employment in this area over 35% during the last 3 years.

    "These statistics have been supported by strong pre-leasing of units through the recently opened leasing office on the site."

    The project will be financed through Stockton,Luedemann, French and and West, a leading mortgage banker for apartment financeing in Southeast Texas. It is anticipated that the project financing will carry a HUD guarantee.