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THURSDAY, MARCH 3, 2016
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SOUTHWASTEDISPOSAL
Company forges ahead despite lots of opposition Austin County election results The following are partial election results from contested races and questions on the ballot in Austin County. Final results will be posted online at www.sealynews.com.
Republican Primary Pct. 1 Commissioner Allen Kaminski 165 Mark Lamp 432 Reese Turner 268 Tax AssessorCollector Marcus Pena 983 Kim Rinn 946 Pct. 4 Constable James Clark 150 Matt McArthur 27 Austin County Republican Party Chair H.W. “Buddy” Koenig 1,168 Marc S. Young 522 President Donald J. Trump 645 Carly Fienna 2 Rand Paul 5 Ted Cruz 977 John R. Kasich 68 Elizabeth Gray 0 Rick Santorum 1 Mike Huckabee 4 Chris Christie 3 Lindsey Graham 0 Jeb Bush 47 Marco Rubio 275 Ben Carson 69 Uncommitted 30 Railroad Commissioner Lance N. Christian 201 John Greytok 79 Wayne Christian 235 Gary Gates 829 Ron Hale 123 Doug Jeffrey 54 Weston Martinez 76 Justice, Supreme Court, Place 3 Debra Lehrmann 821 Michael Massengale 797 Justice, Supreme Court Place 5 Paul Green 996 Rick Green 496 Justice, Supreme Court, Place 9 Eva Guzman 996 Joe Pool 605 Judge, Court of Criminal Appeals, Place 2 Mary Lou Keel 645 Chris Oldner 493 Ray Wheless 275 Judge, Court of Criminal Appeals, Place 5 Sid Harle 284 Scott Walker 651 Steve Smith 345 Brent Webster 146 Judge, Court of Criminal Appeals, Place 6 Michael E. Keasler 917 Richard Davis 430
Justice, 14th Court of Appeals District, Place 2 Kevin Jewell 907 Bud Wiesedeppe 473 Proposition 1 (Property tax) Yes 1,431 No 457 Proposition 2 (Immigration) Yes 1,233 No 728 Proposition 3 (Labor union dues) Yes 1,651 No 268 Proposition 4 (10th Amendment) Yes 1,861 No 75
Democratic Primary President Willie L. Wilson 1 Keith Judd 0 Hillary Clinton 147 Star Locke 0 Calvis L. Hawes 0 Bernie Sanders 58 Roque “Rocky” De La Fuente 0 Martin J. O’Malley 5 U.S. Representative, District 10 Scot B. Gallaher 106 Tawana W. Cadien 83 Railroad Commissioner Lon Burnam 55 Grady Yarbrough 79 Cody Garnett 45 Justice 14th Court of Appeals District Jim Sharp 85 Candice White 99 Referenda 1 (Economic security and prosperity) For 176 Against 21 Referenda 2 (Fair criminal justice system) For 170 Against 23 Referenda 3 (Climate) For 174 Against 18 Referenda 4 (Voting Rights Act) For 178 Against 14 Referenda 5 (Campus carry) For 160 Against 34 Referenda 6 (Comprehensive immigration reform) For 168 Against 27
SouthWaste tries to be transparent with the public By JASON B. HOGAN reporter@sealynews.com
SouthWaste Disposal, LLC, from Houston has run the gamut of Austin County lately to gain public confidence in its proposed operation of a municipal solid waste (MSW) facility between the Town of San Felipe and Brazos Country and remain as transparent as it can be. Tim Cox, vice president of operations for SouthWaste, spoke with The Sealy News in a phone interview last week to quell suspicions that its operation supports turning the county into a “dumping ground for human waste” and irresponsibly processing and storing “millions of gallons of noxious, rotting, liquid waste every month.” SouthWaste, formed
The Sealy News/JASON B. HOGAN
Pictured is the entrance to a SouthWaste Disposal facility on the south side of San Antonio in Elmendorf. According to signage, the San Antonio facility accepts grease trap and septic waste along with brush and sludge. in 2005 through the purchase of five small grease companies, core business is picking up grease traps. “There are not a lot of composting facilities that actually bring in grease trap waste,” Cox said. The average grease trap holds anywhere from 50 gallons to 10,000 gallons. ■ WASTE, page 15
Sealy joins list of local towns fighting plant By JASON B. HOGAN reporter@sealynews.com
Three weeks after d i s c o v e r i n g SouthWaste Disposal, LLC, of Houston plans to build a compost facility within the vicinity of three separate
Austin County cities, local municipalities are still shuffling to gather more information on the company and its general operation. Warren Escovy, director of planning and community development, played a video of a SouthWaste facility tour his staff took two weeks ago on a 28-acre site in Elmendorf on the south side of San Antonio at a Tuesday, Feb. 23, Sealy City Council meeting. The smell was strong at the facility, Escovy said. Wind shifts dictate what areas are affected by sharp smells surrounding the facility. The wind’s direction once at the site does not matter, but across the street the smell was not as bad, he said. “They (facility management) told us its all natural. But all natural, the odor is still strong,” he said of the ■ SEALY, page 3
Warrant roundup beginning More than 300 law enforcement jurisdictions from across Texas, including the Sealy Police Department and the Austin County Sheriff’s Office, will participate in the “Great Texas Warrant Roundup,” Saturday, March 5. This is the 10th annual statewide round up where officers will arrest individuals with outstanding warrants pending before their respective courts. Law enforcement agencies statewide are combining their efforts. Major areas such as Houston, Dallas/Fort Worth, Austin, and San Angelo are participating in the roundup, as well as hundreds of smaller counties and cities. Those arrested will be taken before the court for arraignment and disposition of their cases. Full payment will be due at that time. “We strongly encourage individuals to take care of their warrants voluntarily in order to avoid the embarrassment of being arrested ■ ROUNDUP, page 10
The Sealy News/JOE SOUTHERN
Courier from Alamo arrives Scott McMahon, director of Presidio La Bahia in Goliad, arrives in San Felipe Monday during his reenactment of the rides of the letters from William B. Travis at the Alamo to Washington-on-theBrazos. He will do presentations for school children on Wednesday before continuing his trek north in honor of the 180th anniversary of the Texas Revolution. See more on page 10.
Cruz's wife campaigns in area By JOE SOUTHERN editor@sealynews.com
Heidi Cruz spent the weekend campaigning for her husband, Sen. Ted Cruz, in the area, including stops in Katy, Rosenberg and Brenham. She
was joined in Brenham Sunday night by State Sen. Lois Kolkhorst. Her whistle stop tour took her to Katy Friday afternoon and then to Rosenberg where she campaigned for her husband’s bid for the White House.
The Sealy News • 193 Schmidt Road • P.O. Box 480 • Sealy,
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The entire law is summed up in a single command: "Love your neighbor as yourself." Galatians 5:14
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The visit came the day after a Republican primary debate in Houston and four days before voters in Texas enter the fray in the Super Tuesday balloting. On Tuesday, 12 Heidi Cruz stumps for her husband, presidential candidate Ted ■ CRUZ, page 16 Cruz, Friday in Rosenberg.
TX T 77474 • phone: (979) 885-3562 • www.sealynews.com This week's weather
MAGAZINE INSIDE
Day/High/Low/Rain Thursday 81/49/20% Friday 77/52/00% Saturday 80/60/20% Sunday 80/62/10% Monday 77/67/40% Tuesday 83/61/60% Wednesday 78/54/60%
This week's weather art is by Hayley Havel, a student at Selman Elementary School.
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THE SEALY NEWS
THURSDAY, MARCH 3, 2016 ■ PAGE 3 The Sealy News/ COURTESY PHOTO
Cat Spring man guilty of assault An Austin County jury convicted Michael Bolten, 34, of Cat Spring of assault, a class A misdemeanor, on Feb. 9, after a two-day trial. Judge Daniel W. Leedy then sentenced Bolten him to 18 months probation with three days in jail as a condition, along with other fines and conditions. Bolten was charged with assaulting Karl Valenta, 55, of Colorado County, at a Christmas party at the Cat Spring Hall in December 2014. He elected to have the judge decide his punishment. A separate Austin County jury found Matthew Bolten, 34, of Cat Spring not guilty of assault after a trial on Feb. 17, 2016. Matthew
SEALY continued from Page 1 composting process. Escovy said they toured the grounds where staff witnessed the composting process. The process begins with a total of five trucks hauling in wastewater that is pumped into holding tanks. Next, clean brush and wood is shredded into woodchipped piles and laid over a rubber-lined, compact clay vertical mound and topped with pretreated wastewater, which aids decomposition. Decomposition takes approximately 90 to 100 days. No chemicals are used in the decomposition process. Samples are then taken to an independent lab to test for contaminants. The finalized mulch product goes through a sifting process removing any large pieces of wood before it’s bagged and sold. If the wind’s direction influences who takes on the smell on any particular day, that does not bode well for local homeowners and businesses like Kathy’s Korner, which are less than one mile away, Councilmember Larry Koy said. City and county entities are banding together to present a united oppositional front to the Texas Commission on Environmental Quality, the approving authority for municipal solid waste permits. Former Mayor John Williams of Brazos Country, who was present Feb. 23, said his city joins other local municipalities in opposition of the facility and hopes “TCEQ will kill this thing (permit application) when it (resolutions) lands on their desk.”
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Bolten’s charges stemmed from a different incident on the same night. First Assistant District Attorney Brandy Robinson and Assistant District Attorney Jesse Skinner represented the State in both trials. Defense attorney Steven Rocket Rosen of Richmond represented Michael Bolten and defense attorney Shawn McDonald of Houston represented Matthew Bolten. “We’re grateful to both juries for their service and their careful consideration of the evidence,” Robinson said. District Attorney Travis Koehn stated, “I’m proud of the hard work of my office in prosecuting this matter. Sheriff’s Office Investigator Harold Riddle, who sought out and interviewed approximately 19 witnesses, is to be applauded for his thorough investigation.”
Austin County Judge Tim Lapham represented two entities at the council meeting: the county commissioners court and the HoustonGalveston Area Council. The HoustonGalveston Area Council is an organization of local governments representing 13 counties who solve region wide problems of which Lapham is a member. “Being on the H-GAC board (of directors), I’m working against this project, the county is working against it. I think we’re in a concerted effort to work against this project. I don’t think it’s good for the city (Sealy) or for the county. Any efforts by the council to stop this project would be well appreciated by Austin County,” Lapham said. City Manager Larry Kuciemba said he has spoken with State Sen. Lois Kolkhorst’s and State Rep. Leighton Schubert’s offices and was advised to gather as many local government entities as possible to submit resolutions to TCEQ covering reasons for disapproving the facility’s construction in the county and request a public hearing. Kolkhorst and Schubert sent the TCEQ a joint statement opposing the application. Petitions would also be a great help, Kuciemba said. A petition was started at
Tony’s Family Restaurant for residents who are in opposition and was recently delivered to the commissioners court. Thus far, the courthouse has received more than 520 signatures and they are still rolling in, according to Shannon Hanath, deputy county clerk. Lapham said the county is also prepared to request a public hearing with TCEQ. The council and Lapham agreed the more governing bodies requesting the public hearing, the stronger the front against the project. “We need to really get the word out, though, seriously; advertise it,” Councilmember Michael Kubricht said. Council unanimously passed a resolution opposing the SouthWaste facility construction in the county and plans to send copies of the document to TCEQ, every city in Austin County, Lapham, Kolkhorst and Schubert’s offices, Lt. Gov. Dan Patrick and Gov. Greg Abbott. Council also considered an extraterritorial jurisdiction swap between Sealy and the Town of San Felipe to allow annexation and code enforcement upon SouthWaste by the City of Sealy. Stolarski said he has spoken with San Felipe Mayor Bobby Byars, who is willing to consider the prospect. “This basically is our
State Sen. Lois Kolkhorst, R-Brenham, right, poses with Alamo Living History Coordinator Ryan Badger, center, and her husband, Jim Kolkhorst, left, following a ceremony Feb. 24 to commemorate the 180th anniversary of the siege of the Alamo. Lois Kolkhorst was one of the keynote speakers at the event.
way of telling them (SouthWaste) we’re ready to play hardball,” Mayor Mark Stolarski said. “We’re not just going to stand around and let this happen.” San Felipe does not have the authority to implement involuntary annexations because of its small population but Sealy does, Stolarski said. “The reason we are doing this — just to be clear to everybody — is because the project happens to fall on a tract of land that is not in anybody’s ETJ,” Councilmember Wyn McCready said. Stolarski said the area falls within the limits of San Felipe’s ETJ but population shortness ties their hands from annexation. Area maps seem to differ between county and city levels as to where the property falls. Bartlett Road and Brazos 10 Lane, the location of the proposed compost facility, is within one mile of Sealy’s city limits, and San Felipe’s ETJ borders with Sealy’s, which permits an easy territorial swap, and then Sealy could annex the area. Sealy is a home rule city because it exceeds 5,000 in population and through its city charter can unilaterally annex property — without owner consent — provided it resides within its ETJ under state statute. Municipalities will
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annex territory to apply their own zoning and development standards to a newly developing area within reach of their control, especially for environmental protection in this SouthWaste facility case. Once the property is swapped with San Felipe and then annexed, Sealy would likely need to plat the land, which ensures areas comply with governing regulations and have necessary city services, before SouthWaste would have to abide by city code enforcement once it falls in city limits, Escovy said. “If SouthWaste wants to go forward with this, I think we can move faster than they can,”
Stolarski said. This process would only be necessary if all else fails, Escovy said. Koy referred to the ETJ swap as a backup plan in case a public hearing or contested case hearing with TCEQ fails then council can “fire the second bullet.” Kubricht said the city cannot wait for that to happen and motioned for Kuciemba and staff to pursue a territorial swap agreement with San Felipe. Council unanimously approved the item. Now Sealy, along with the county, San Felipe and Brazos Country, will await confirmation of a public hearing with TCEQ once the commission receives the four resolutions.
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THE SEALY NEWS
THURSDAY, MARCH 3, 2016 ■ PAGE 15
Mentor volunteers needed Raising Academic Performance is in need of mentors for Sealy ISD students. These students are 5-18 years old and are seen by mentors from 30 minutes to one hour per week. Mentors encourage students to do better
in school, have fun with them and help equip them for life by being positive role models. Training and ongoing support are provided. Contact Michelle Maderer at 281-9482527 or mmaderer1@ yahoo.com.
CORRECTIONS In the Feb. 25 article, “Polling pads pace voter registration time,” the price of the pads was incorrect. They are priced at $980, not $180. In the Feb. 25 article, “Election Day draws
WASTE continued from Page 1 Normally, traps contain a thousand gallons of grease trap waste. Cities or municipalities regulate the cleaning frequency at businesses that collect grease trap waste and they are usually cleaned out every 90 days. Vacuum trucks suck out the waste, of which 90 percent is water and 10 percent is waste called a grease cap. Afterward, SouthWaste pressure washes and cleans out the trap and recaps it to complete the process. The grease trap waste is pretreated in tanks before it is used on a SouthWaste site. Grease floats to the top of the tank. Lime and polymers are added, and it is decanted to remove solid waste from the liquid. This proposed facility is no different to SouthWaste’s site in San Antonio, Cox said. After grease is collected, stored in enclosed tanks on site and treated, clean brush is ground into wood chips, laid on a compact clay liner in a dugout pad and topped with what Cox called the operational layer. Windrows, or vertical mounds, are sprayed with the treated grease trap waste from trucks and the piles are tilled regularly for the next 90 to 100 days, which is the length of time for decomposition. A constant 140 to 160 degree temperature must be maintained during the decomposition stage. Steady tilling sustains that temperature, Cox said. On the backside of the mounds sits a retention pond that collects and retains any runoff. It rests there and either evaporates or sprayed back onto windrows. Once decomposition is complete, samples are taken to an independent lab and tested for contaminants such as bacteria, metals, arsenic or pesticides. The final product becomes mulch and sold to home improve-
near,” it states, “the chamber also invited Cecil Webster” to their Meet the Candidates forum. The event was for local county candidates. Webster was not invited but appeared at the event.
ment retailers like Lowe’s and Home Depot. The application process through TCEQ is split between permit and registration requirements at the state level. If a MSW facility processes grease trap waste, then it must apply for a permit and submit a public notification. MSW facilities that accept sludge, septic waste and food only require a registration application and do not have to provide public notice, Cox said. It all comes down to material storage and process at waste facilities. The application process for accepting grease trap waste is more extensive when compared to registration requirements, and many companies take the latter route, he said. Septic does not have a lot of high valued nutrition in it and would be almost useless to SouthWaste’s mulching process. SouthWaste avoids any practice that impedes its relationship with the surround-
The Sealy News/JASON B. HOGAN
Grand re-opening of Adelaida's Beauty Salon Manager and hairdresser Marisol Guerrero cuts a ceremonial ribbon, alongside her husband Timetheo, celebrating the reopening of Adelaida’s Beauty Salon at 211 Fowlkes St. in downtown Sealy on Saturday, Feb. 27. Lily Bencomo, on the left end holding the ribbon, and her daughter Mercedes Bencomo, holding the right end of the ribbon, reopened the family business, along with Lily’s parents, Eugenio and Lydia Avila, and son, Carlos Bencomo, after more than three years of closure. The salon owner and Lily’s mother-in-law, Adelaida, originally opened the shop in 1993, with her husband Isidoro. Adelaida ran the salon until 2012.
ing community or jeopardizes its continued operation by compliance with TCEQ and local municipality policies. Cox said he has fielded calls from H-E-B asking if SouthWaste could handle its expired milk. Before Cox arrived at the company, the owners of the San Antonio facility took in milk but it was poured on windrows and left, which will stink, Cox said. SouthWaste since abandoned the practice of accepting milk. “We don’t want to be a bad neighbor. That’s not why we’re there,” Cox said. SouthWaste has devoted itself to being good stewards in the business. “Offsite, it’s extremely rare when you are going to smell what I call odorous,” Cox said. A combination of practices keeps the smell under control. Tilling to control temperature and adhering to regular pick up and removal are crucial. If windrows settle on site longer than the 90 to 100 day limit, no
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amount of tilling helps. Saturation is a huge cause of smell, Cox said. Prior to 2009 when Cox began working for SouthWaste, there were instances where windrows were left on the padding for eight months. A 90-day window for decomposition is plenty of time, he said. Cox said his company wants fresh material to produce as much mulch as possible, and SouthWaste has Grade A mulch, although he knows that does not mean much to some. “I think a lot of people have this perception… that we’re going to pile it (waste) up and it’s just going to sit there and stink,” he said. Classically, people consider septic as human waste, but it has separate connotations. Cox said SouthWaste also holds a contract with toll roads in Houston to retrieve rainwater from drains. That is also called septic. Cox reiterated that
SouthWaste does not deal in human waste. It is not conducive to best business practices, nor does it fit into their operation. To deter companies from offering residential septic, SouthWaste charges three times the rate of other municipal solid waste facilities. The average rate is four to six cents per gallon. SouthWaste will not entertain acceptance anywhere under 15 cents. “Unfortunately we are in a stinky business,” Cox said. “We’re a necessary evil but we are still going to be good neighbors.” If SouthWaste falls out of compliance or becomes a nuisance, TCEQ would force them to change how they operate or shut down the facility. SouthWaste generates revenue through a couple different operations such as grease trap collection, third party disposal at its facilities, hydro jetting at delis and restaurants cleaning out
buildup, and developing mulch as a byproduct from its other operations. Collecting grease trap waste from schools and restaurants is the most lucrative aspect of SouthWaste’s business. A public hearing date has not been set by TCEQ but Cox plans to meet with community representatives throughout the county in the meantime. “The executive director has already deemed there will be a public meeting, it’s just a matter of when that will be,” Cox said. On Monday, Feb. 29, TCEQ confirmed receipt of a few public meeting requests. State Sen. Lois Kolkorst and State Rep. Leighton Schubert requested a public meeting through TCEQ, and the commission’s executive director has acknowledge receipt of their requests. The Office of the Chief Clerk is working with SouthWaste to determine a date and location for a meeting.