Above is a photo copy of Bill Addington's letter to Mamie Black,
TNRCC Chief Clerk's Office, dated May 28, 1997. The text of the letter is detailed below.
Here is an scanned image of the original letter which is readable. The gif image of the memo is 25kb.
P.O. Box 218
Sierra Blanca, Texas 79851
Mrs. Mamie Black
Chief Clerk's Office
Texas Natural Resource Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
RE: MERCO Joint Venture
Registration No. 710565
Dear Ms. Black:
I am requesting a motion for reconsideration regarding the above-named "beneficial use" site. I place the words "beneficial use" in quotations because MERCO or Texas Tech University have never proven any "beneficial use" using New York sludge on their 91,000 acre site registered by TNRCC March 23, 1992. I also believe TNRCC illegally approved MERCO's existing registration in 1992. TNRCC regulations at the time required the use of the more stringent of the two of the two regulations for out of state sewage sludge, those of the host state or the recipient state. New York City's sludge was too high in copper and at some plants lead and zinc to be spread in the New York State and probably still is. NO NEW YORK CITY SLUDGE IS SPREAD OR LANDFILLED IN NEW YORK STATE.
Adjoining landowners were sent a registered letter only informing them of MERCO applying for a major amendment (3 dry tons per acre per year to 9 tons per acre per year.) I called Mike Fitzgerald at the sludge transporter and review team and he told me MERCO's application was only for the major amendment, not for a renewal. Adjoining landowners recently received notice of TNRCC approval of the amendment and a 5 year renewal. I believe this was at the least handled unethically, and maybe not according to TNRCC regulations. I have asked TNRCC staff if notice for renewal of a registration is required and have received no answer to date.
I believe MERCO's operation deserves much more scrutiny by TNRCC instead of allowing MERCO to regulate itself. The accumulative loading of metals and lack of rainfall are of major concern.