2019-057 Landfill Expansion Permit UpdateDate: March 22, 2019 Report No. 2019-057
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Update on the landfill expansion permit and expenses associated with the application process.
BACKGROUND & DISCUSSION:
During the City Council’s January 8, 2019 work session, Solid Waste staff provided a progress
report (Exhibit 1) on a permit application to expand the City’s existing landfill located at 1527 S.
Mayhill Rd. As part of the presentation, staff provided an overview of the investments and
expenses associated with the application to date. This included property acquisitions totaling
$8.23 million and professional services of approximately $2.13 million. The Council requested
that staff provide information on additional expenditures required to complete the permitting
process.
The permit application is currently undergoing technical review by the Texas Commission on
Environmental Quality (TCEQ). Once the permit is deemed technically complete, the TCEQ will
issue notice requesting comments from the public, which will typically conclude after thirty (30)
days. The TCEQ may elect to hold a public meeting in Denton to field comments and answer
questions from interested parties. Following public comment and/or a public meeting, the TCEQ
may either approve or reject the permit. If the permit is approved, the TCEQ’s decision may be
protested by individuals that could be adversely affected by the permit. In order to protest the
TCEQ’s decision, an individual must be able to demonstrate they are an “affected person.” Individuals
may qualify as an affected person if the landfill expansion impairs the requester’s health or safety or
interferes with the use or enjoyment of the requester’s property. If such a protest occurs, the TCEQ
may elect to refer the protest to the State Office of Administrative Hearings to resolve the
protest.
The City has contracted with two firms to assist with the completion of the remaining steps
outlined above. Lloyd Gosselink Rochelle & Townsend is providing outside legal counsel and
coordinating responses to the TCEQ’s inquiries. Parkhill, Smith & Cooper is providing
engineering services and responds to technical inquiries. The remaining expenses for the above
tasks are estimated to total approximately $485,500; however, some expenses will not be
necessary if public meetings or administrative hearings are not required. A breakdown of the
remaining costs is outlined below:
Date: March 22, 2019 Report No. 2019-057
Application Tasks Parkhill Smith & Cooper Lloyd Gosselink Rochelle
& Townsend
Technical Review $28,500 $10,000
Public Meetings & Hearing Requests
(if necessary) - $140,000
Contested Case Hearings (if necessary) $30,000 $250,000
Permit Modification for Mayhill Rd $27,000 -
There is adequate expenditure authority under the City’s agreement with Lloyd Gosselink
Rochelle & Townsend to accommodate the expenses detailed above; however, an amendment to
the Parkhill, Smith & Cooper agreement is required to allow for the $85,500 in remaining
expenses proposed by the firm. This change order will be presented for Council consideration
during the April 2, 2019 City Council meeting.
ATTACHMENTS:
Exhibit 1: Landfill Expansion Presentation
STAFF CONTACT(S):
Ethan Cox
Director of Solid Waste
(940) 349-7421
Ethan.Cox@cityofdenton.com
Landfill ExpansionMSW Permit No. 1590BSOLID WASTE DEPARTMENTCITY COUNCIL – JANUARY 8, 20191ID 19‐03301‐08‐2019
Background Current Landfill PermitLocated at 1527 S. Mayhill Rd•Permitted in 1995 - Permit No. 1590A•Type I Municipal Landfill – Accepts municipal solid waste including putrescible waste, household waste, construction/demolition & some industrial wastes•Dispose 268,000+ tons/yearPermit requirements•Compact/cover waste to control odors & pests•Gas management system•Litter control•Modern liners to prevent waste seepage into soils and surrounding areas•Maximum height limits2ID 19‐03301‐08‐2019
Why Expand the Landfill?Remaining Landfill Life•2017 Facility Closure Study – Expected closure in 2028 (10 yrs)•Recent changes may extend facility life to 2036 (18 yrs)•Landfill life is affected by waste volumes, compaction, and settlementRegional Growth & Landfills in North Texas•Rapid population & commercial growth•Current per capita waste disposal = 1,751 lbs/year•Type I Landfills •Denton County currently has 3but will reduce to 1 by 2036 3ID 19‐03301‐08‐2019
Permit Amendment DetailsLandfill Expansion – No. 1590B•Vertical & lateral expansion North of existing facility•107.64 acres proposed for waste disposal•Divided into 11 cells•Proposed height increase•Current permit height – 80.0 ft (+20 yrs)•Proposed permit height – 213.5 ft (+70 yrs)•Height may be reduced by TCEQ•Council may further restrict height by specific use permit (SUP) 4ID 19‐03301‐08‐2019
Landfill Permitting Process Completed•Property acquisitions totaling $8.23 million•Studies & professional services totaling $2.13 million+•Surface water, groundwater, soil, traffic, air modeling, etc.•Permit application filed in January 2017. •Public notice issued via Denton Record Chronicle on April 3, 2017Current Status•Undergoing Technical Review by TCEQ•Currently addressing TCEQ questions regarding floodplain improvements•TCEQ is still accepting public comments5ID 19‐03301‐08‐2019
Remaining StepsUpon Technical Completion•TCEQ will issue notice requesting comments from the public•Notice is issued to government officials, certain landowners, and citizens who submitted comments•Comment period concludes after 30 days•TCEQ publishes responses to comments•TCEQ may elect to hold a public meeting in Denton6ID 19‐03301‐08‐2019
City Council DirectionSpecific Use Permit (SUP)•Staff will recommend a new SUP following issuance of the permit•Council may choose to implement stricter standards regarding:•Maximum Height•Buffer/Setbacks•Landscaping & AestheticsCouncil Directives•Council may also direct staff to alter operating plans (i.e. operating hours, litter control, etc.) to be more restrictive than defined by the permit7ID 19‐03301‐08‐2019
Questions?8ID 19‐03301‐08‐2019