August 23rd is a day that will stay in the memories of a great deal of Texans.  For those who put their time effort and energy into this cause for their family and community it was a cold slap in the face from a commission blind to the public.  For those who have followed our fight as they prepare for their own landfill opposition it is a chilling reminder of how government and business can't see their community's faces through the green of money.

The following is a recap of the August 23rd to the best of my recollection.  I apologize for the delay in getting this information online but, like many others, it is not a day I like to relive.

Wednesday morning
A crowd gathered at St. Jeromes Church shortly after 9:00am as we began the process of getting ready for the trip to Austin.  A brief poll of the people attending showed that most of us were worried but somewhat confident that with as many community members present--surely the TNRCC would grant a number of our requests.

As the buses arrived people filled in each with a sack lunch in hand courtesy of the numerous volunteers that worked hard the night before and early that morning getting hundreds of lunches ready.  We were filled with spirit ready for the commission.  Some people had "home-made" signs while others had Texas flags and others wore "NO Landfill" stickers.  We were all excited to see the community come together.

I rode with Andrew C. in his truck.  Andrew put a large plywood sign in the bed of the truck.  I affixed a flagpole and Texas flag to the sign.  I wanted a reminder to everyone at the TNRCC that they are dealing with Texans who have family roots far deeper than BFI and the Tessman Road Landfill.

Austin arrival
Our arrival in Austin at the TNRCC was surprising (or should I say suppressing?) to say the least.  Our busses unloaded at the front of the building and we started to have a small rally at the entrance when we were told by a building official that we could not rally here and that if we wanted to hold a rally we could go to an empty field some distance from the facility.  Security arrived and controlled the door.  Many of us had a long drive and needed to use the bathroom while others wanted to sit down in the meeting room and wait.  We were told that they were not prepared to handle such a large group and that there were only a handful of seats available.  They would only allow a fraction of our group in the doors to sit in the meeting room until more seats became available.  We explained that we had called the day before to inform them that we expected a crowd of 300+ to arrive for the hearing from our group.  The head of security said he wasn't notified of this.  We still had our buses and we could sit and wait in them but by that time security had moved the buses to a location far behind the facility and quite a walk for our older constituents. 

A number of us, upset and worried that already we were being ignored,  decided that we would stay by the door until seats became available.

As people left the meeting more and more of us were allowed into the meeting room and the head of security said that they were going to open a second meeting room for the rest of our group.  I was concerned that placing the rest of our group in a separate room would keep the commissioners from realizing the large number of protesters.

Meeting Begins
The commission was to resume at 2:00pm and by that time most of our group was present either in the meeting room or in an adjoining room.

When the commissioners entered the room MEG and other supporters made themselves known.

The commissioners resumed their meeting discussing the Pilgrim's Pride agenda item. Not too long thereafter item four, the BFI Tessman Road expansion item was up for recommendation.  The commissioners took a short break and reentered the room.  Once again MEG reminded the commissioners that they were there in force.

To my surprise, commissioner Robert Huston sternly told the sign holders to have respect for those seated behind them and to lower their signs.  While it was not exactly the words he used that surprised me, it was the tone and inclination he used.

Several political figures were present to speak on our behalf.

Each representative spoke of the burden this facility has and will place on the existing communities in the area.  Concerns of reduced or reverse growth were discussed as well as the negative health and reduced quality of life issues were presented.  All the while the commissioners seemed unmoved.

Next the lawyers began making their cases for and against the expansion.

Our lawyers made the case for a reduced permit life in order to ensure BFI would stay in compliance by having to re-apply every six years (as they have on average up until now).  BFI made the case that they did not need such a check since the commission had the power to revoke a permit.  The land use issue was brought up with the commission asking why China Grove had not submitted a growth analysis even though it was within one mile of the new landfill boundary.  Our lawyers had stated that the burden of analysis was on BFI and not China Grove--and that BFI had not properly represented China Grove as a community of interest.  BFI countered that they had made such an analysis and that China Grove was not growing in the direction of the landfill.  OPIC was also heard.  The Office of Public Interest Council had taken the stand that the permit should not be granted.  They cited a number of complaints by residents and a lack of resources by the TNRCC to validate these claims.  They felt that the issues raised by our lawyers were valid and they restated their position to deny the expansion permit.  The ground water issue was also discussed with BFI making the case that an inability to determine the water flow rate makes this location ideal.  The commissioners listened and pondered the information.

I must add that it was not too long into the discussion that it was becoming more and more apparent that the commission was going to allow the permit.  MEG and other supporters, already upset by the way they were handled by the TNRCC building officials, began to comment aloud on statements made by the commission and the BFI lawyer.

The deeper our hopes sank the more disbelief and frustration grew.  Finally Lee Copeland raised his hand to be heard and was recognized by commissioner Huston.  Lee gave a rousing speech that questioned the justice of the commission in the face of so many community residents in opposition to the expansion.  His passion struck a note with most everyone in the room and a spontaneous cheer from all of us filled the room.

Commissioner Huston was not so moved--or if he was it was not in our direction.

He firmly stated that the TNRCC has a process it follows and it will follow this course and it is up to each one of us to determine if justice was done that day.

It was very shortly thereafter that  commissioner Huston made a motion to grant the permit.

video/RecommendBeg.MPG

It became ugly very fast.

I am not one to condone public displays of disrespect but I believe I can speak for every one of us when I say that we were ignored and of so little significance that it was insulting.  Not once did the commission even acknowledge the immense public outcries against this expansion.  The crowd began to yell at the commissioners and judges.  Women walked their children by the commissioners and yelled in disbelief.  MEG members called the commission a sham and asked how much they were getting paid to do this.  Others screamed in anger as they left the meeting room.

No one became violent but it was obvious that on that day in that instant literally hundreds of people lost faith in their government.

The stunned and angered crowed began to gather at the front of the building to try to make some sense of what had just happened.

There were speeches by our lawyer and elected officials but nothing could diffuse the feelings each of us bore.