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R93-40 11-08-93RESOLUTION NO. R93-40 A RESOLUTION IN SUPPORT OF THE CLEAR CREEK COMMUNITY ALLIANCE POSITION ON AN EXISTING MEDICAL WASTE INCINERATOR AND TRANSFER STATION LOCATED AT 4322 BROOKSIDE ROAD, BRAZORIA COUNTY, PEARLAND, EXTRA TERRITORIAL JURISDICTION WItEREAS, the City of Peat'land ( City ) and its Extraterritorial Jurisdiction (ETJ) are projected to be densely populated areas in Brazofia County; and WHEREAS, National Medical Waste of Texas, Inc. has developed and is operating a medical waste incinerator at 4322 Brookside Road, Pearland, Texas, inside the City's ETJ; and WHEREAS, the incinerator is located in a nonattainment area under the Clean Ah' Act; and WHEREAS, the inspection of the medical waste incinerator, by the Texas Water Coinmission, has revealed many instances of noncompliance of permit MSW- 1919; and WHEREAS, the City Council of the City of Pearland is concerned about the ability of National Medical Waste of Texas, Inc. to ensure that hazardous wastes will not be deposited upon the residences, yards, and public areas within the City's ETJ from the emissions from the medical waste incinerator; and WHEREAS, the investments made by the persons living within the City's ETJ and by the businesses in the City's ETJ are jeopardized by the existence of the medical waste incinerator because of the potential harm to the natural resources of the State of Texas and the threats to health and general welfare posed by the medical waste incinerator; and WHEREAS, there exist alternative sites that are not so close to densely populated areas that could be developed for the incinerator; and WHEREAS, there exist alternative technologies that are more protective of human health and the envirom~ent; and WHEREAS, the incinerator should not be allowed to operate at this site; and WHEREAS, the Texas Natre'at Resource Consetwation Commission is preparing to hold proceedings to determine whether the incinerator should be allowed to continue operation under permit MSW- 1919; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: Section 1: The City is opposed to the continuation of permit MSW-1919 or to any variances to permit MSW-1919 for the operation of the medical waste incinerator at the location and in the manner presently proposed, because the City believes the incinerator to be contrary to the public interest and particularly to the ETJ residents and property owners. Section 2: The City formally opposes the continued operation of the medical waste incinerator in the manner in which it is presently operated and in its present location. PASSED AND APPROVED this ~"~day of November, A.D. 1993. ATTEST: Pat Jones,~S~cretary APPROVED AS TO FORM:((~d) eSoo,qt, t t., m~rn l.~t~e..