Matter of American Waste and Pollution Control Co.

633 So. 2d 188, 1993 La. App. LEXIS 3786, 1993 WL 504564
CourtLouisiana Court of Appeal
DecidedNovember 24, 1993
Docket92 CA 1018
StatusPublished
Cited by7 cases

This text of 633 So. 2d 188 (Matter of American Waste and Pollution Control Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of American Waste and Pollution Control Co., 633 So. 2d 188, 1993 La. App. LEXIS 3786, 1993 WL 504564 (La. Ct. App. 1993).

Opinion

633 So.2d 188 (1993)

In the Matter of AMERICAN WASTE AND POLLUTION CONTROL COMPANY.

No. 92 CA 1018.

Court of Appeal of Louisiana, First Circuit.

November 24, 1993.

*189 P. Charles Calahan, New Iberia, Robert L. Boese, Broussard, for War on Waste.

Gerald L. Walter, Schwab & Walter, Baton Rouge, for American Waste & Pollution Control Co., Inc.

Jackie Marve, Ann Coco, Deputy Gen. Counsel, Louisiana Dept. of Environmental Quality, Office of Legal Affairs & Enforcement, Baton Rouge, for appellee.

John C. Holleman, New Iberia, for Episcopal Church of Western Diocese of Louisiana.

Before WATKINS, SHORTESS and FOGG, JJ.

WATKINS, Judge.

On January 9, 1992, William V. Redmann, Secretary pro tempore of the Louisiana Department of Environmental Quality (DEQ) granted to American Waste and Pollution Control Company (American Waste) permit application APA-AW-890001. The grant constituted a permit for the construction, installation, and operation of a proposed solid waste facility at a site in St. Martin Parish known as "Cade II." This appeal was perfected timely[1] by War on Waste and the Acadiana Chapter of the National Audubon Society[2] (hereinafter referred to collectively *190 as "War on Waste"), citizens' groups from the tri-parish area of St. Martin, Iberia, and Lafayette Parishes.

BACKGROUND FACTS

In March of 1985, DEQ initiated a round of public hearings on a proposed landfill site in St. Martin Parish. American Waste's proposed site, known as "Cade I," was outside of St. Martinville, Louisiana, on La. Hwy. 92 in Cade, Louisiana. On February 26, 1987, DEQ Secretary Martha Madden denied the permit based on its geologic proximity to the Chicot Aquifer and the general geologic conditions at the site. The denial stated: "The general geologic conditions at the site are such that engineered solutions are required to overcome natural drawbacks to these conditions. A site where the soils provide more stability, and the natural soils provide a greater degree of protection to groundwater would be preferable."

On November 13, 1987, American Waste submitted another site selection study for a second site in the Cade area, Cade II, located at the intersection of La. Hwy. 182 and Duchamp Road, one and three-tenths miles from the Cade I proposed site. A public hearing on the proposed site for Cade II was held December 15, 1987, at the St. Martinville Senior High School gymnasium. Appellants' members and representatives presented oral and written comments in opposition to the site. Despite local opposition to the geologic inadequacies of the site, the permit application for Cade II was submitted for review. Citizens requested an adjudicatory hearing on the site, but DEQ took no action on the request. Then DEQ lost the records of the December 15, 1987 hearing.

A public hearing on American Waste's application for the Cade II permit was held on April 3, 1989. No adjudicatory hearing was held. Subsequently Secretary Paul Templet was recused from the Cade II case. See In re American Waste & Pollution Control Co., 581 So.2d 738 (La.App. 1st Cir.1991).

Additional insight into the nature of the problem with the Cade II application can be gleaned from the decision of Hearing Officer Paul B. Landry, Jr., who was appointed to decide the motion to recuse Secretary Paul Templet. The decision is a matter of public record and reads in pertinent part:

[D]uring the period 1980-1988, solid waste disposal for the area to be served by Cade II, has posed a serious problem for the governmental entities affected. For some time during this period the New Iberia landfill, situated in Iberia Parish, served the area in question. This landfill as well as Cade II overlies the Chicot Aquifer which furnishes water for the area involved herein and other areas as well, a matter of some concern to DEQ. For this reason DEQ sought to terminate the New Iberia permit because it posed a threat to the Chicot Aquifer. The permit for the New Iberia Landfill was renewed annually while an alternative site was considered and explored. Ultimately, DEQ set a final closing date for New Iberia landfill as of April 30, 1990;
*191 Understandably, closure of the New Iberia Landfill was a matter of grave concern to the governmental entities in the affected areas. The crisis prompted negotiations between the authorities involved and American [Waste] for construction of a replacement fill as soon as possible and, more particularly, a facility situated such as to minimize transportation costs.

....

[N]ormally an application for permit is reviewed by DEQ staff for format, technical engineering, geochemical and environmental aspects related to the proposed facility. Deficiencies noted are noticed to applicant who is afforded opportunity to correct same. When required corrections are made and the file deemed complete, DEQ calls a public meeting required by law, following which the matter is held open for thirty days to allow public comment and input. Upon expiration of the thirty day period, DEQ staff again reviews the matter to determine whether additional information, data or requirements are called for. When the file is deemed complete after public hearing, recommendations are made by the head of each DEQ department involved and the application sent to the Director[3] for decision.
The public meeting required for Cade II was held April 3, 1989. Public interest in the project was intense and widespread in that an estimated 1500 persons attended.
According to DEQ staff the file on Cade II was complete and ready for submission to the Director in November, 1989, for decision. All department heads reported that there were no technical objections to granting the permit.
....
Timothy Bob Knight, Permit Program Manager, DEQ, testified that following expiration of the thirty day waiting period commencing with the public hearing held April 3, 1989, about seven or eight issues evolved for further consideration. These issues were considered and disposed of and the file on the application was deemed complete in November, 1989, but at this stage the permit process officially stopped. Later his superior, William Mollere, Administrator, DEQ's Solid Waste Division, requested Knight to prepare both a permit and denial for presentation to Director....
....
Later on that same day ... Knight informed Director that the staff had no technical basis for denial. Director stated he had to consider factors other than staff recommendations....
Director testified ... he had not reached a decision on the Cade II application because the file was never complete and had never been submitted for decision. He added that while he would consider staff recommendations, staff opinion and evaluation[,] he was not bound thereby because other factors such as environmental effect have to be considered as part of the whole permit picture....
....
[A]t a meeting with Governor Roemer and parties interested in the project, on or about October 30, 1989, Director allegedly told the Governor he had grave environmental concerns regarding Cade II because of its location above the Chicot Aquifer.
The record also establishes that Director granted a permit for the St.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Save Our Hills v. La. Dep't of Envtl. Quality
266 So. 3d 916 (Louisiana Court of Appeal, 2018)
Industrial Pipe, Inc. v. Plaquemines Parish Council
139 So. 3d 1168 (Louisiana Court of Appeal, 2014)
In Re Shintech, Inc.
814 So. 2d 20 (Louisiana Court of Appeal, 2002)
Matter of Browning-Ferris Ind. Petit Bois
657 So. 2d 633 (Louisiana Court of Appeal, 1995)
Matter of Supplemental Fuels, Inc.
656 So. 2d 29 (Louisiana Court of Appeal, 1995)
In Matter of American Waste and Pollution Control Co.
642 So. 2d 1258 (Supreme Court of Louisiana, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
633 So. 2d 188, 1993 La. App. LEXIS 3786, 1993 WL 504564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-american-waste-and-pollution-control-co-lactapp-1993.