Dig Deeper Texas

This story exemplifies the problems with government on so many levels.

MySA.com: Metro | State

“It is in the county, not the Helotes city limits, and it comes down to
money and how much someone will have to pay to put this fire out,” he
said. “I have been working nonstop to get the ball rolling because my
primary concern is the potential health hazards that result from smoke
and ash, and something needs to happen now.

“If the city had the money, I would have someone on the ground tomorrow morning. A small-town mayor should not be the one coordinating an effort like this.”

The fire started burning around midnight Christmas Day and continues to produce smoke and flames. Numerous residents have complained of coughing, eye irritation, and complications with asthma and other respiratory conditions.

The fire is not in the city limits but the city is affected. The owners have followed all rules.

MySA.com: Metro | State

The general manager of Zumwalt’s company, Lennie Turpin, said the company always has complied with the regulations governing the operation and that it’s still a business operation regardless of whether Zumwalt uses the material on his personal property.

Except for maybe the size part.

From the printed version of the story:
“The TCEQ is conducting an investigation into possible violations of the permit issued to Zumwalt, which allows him to have 60,000 cubic yards of material. Allan said the pile is estimated to be 180,000 cubic yards of material.

So does that mean if it had meet the size restrictions it would only be burning for four months instead of a year? But let’s get to the “blame game.”

MySA.com: Metro | State

But Seth Mitchell, a representative for Bexar County Judge Nelson Wolff, said Commissioner’s Court won’t be able to discuss the matter until its next regular meeting Monday.

Are we to believe that if this a forest fire or chemical spill, the Commissioner’s Court wouldn’t find a way to meet before it’s next regular meeting? Ah, but not to worry Mitchell is on the case.

MySA.com: Metro | State

Allan said he also has contacted the Environmental Protection Agency, the Federal Emergency Management Agency and state and national legislators.

And besides, it’s not the county’s fault anyway.

From the print version:
Mitchell said Zumwalt’s possible violation is the fault of the state, and therefore the county shouldn’t expect to shoulder all of the financial responsibility.

“We are working with the state and their different entities, but we are looking at them for allowing the property to create a hazardous condition and allowing the condition that let to this fire to keep existing,” Mitchell said.

“The county has no authority over this facility whatsoever–it is a state of Texas Function. They have done a poor job regulating this facility, and then they turned around and asked the county to use its resources to correct a problem they allowed to happen.”

However, they intend to act responsibly regardless of whose fault it is.

“We are not going to wait around for some magic person to show up with the money. We are going to act now and address the conditions and worry about who will fund it later.”

At their next regularly scheduled meeting of course. In the meantime, he can follow up on who else to blame by checking with the Bexar County fire marshal’s office.

From the print version
In June 2005, an investigator from the Bexar County fire Marshall’s office said the pile was 75 percent dirt and couldn’t catch fire.

So while the various jurisdictions dodge paying the potential six million dollar price tag and figuring out where the 100 million of gallons of water needed to put out the fire will come from, the pile smolders.

And that’s the problem, it’s just smoldering. It’s not a runaway blaze that could potentially burn down property worth some money. It’s not a chemical spill with unknown hazards that automatically generate public fear that demands action. It’s just some smoke that will make it difficult for nearby residents to breath clearly for a year or so.

MySA.com: Metro | State

Numerous residents have complained of coughing, eye irritation, and complications with asthma and other respiratory conditions.

However, we don’t have to worry about the residents rushing to court to force the government to do something about the fire or even have to prove their health problems and seeking compensation because of tort reform. What lawyer would be willing to take on their case without serious upfront money?

So we have residents suffering health problems from an entity outside their jurisdiction. Now you know what it’s like to live in the Houston area.

The residents don’t have enough money and aren’t photogenic enough to cause people to pay attention. The really wealthy people are probably far enough away for the pile that they aren’t affected, no power lines here. And there don’t seem to be any endangered species affected or even some cute rabbits and deer.

Technorati Tags: Helotes, Mulch Pile, Jon Allan, Texas Commission on Environmental Quality, Bexar County Commissioner’s Court, Bexar County Fire Marshall, Seth Mitchell, Nelson Wolff, Environmental Proection Agency, Henry Zumwalt, TCEQ

Filed under: Bexar County Commissioner's Court, Helotes, Henry Zumwalt, Jon Allan, Nelson Wolff, Seth Mitchell, Texas Commission on Environmental Quality, Uncategorized, bexar county