Gainesville Daily Register

Local News

August 30, 2010

Controversy over disposal facility near Saint Jo continues

Saint Jo — It’s going to be at least another six months until residents of Saint Jo know if a proposed oil and gas waste disposal facility will take hold about three miles southwest of their city.

The facility, slated for a 90-acre spread of land at the intersection of State Highway 59 and Starkey Road, would be located at a former limestone quarry — a location that leaves area residents concerned that their drinking water could become contaminated due to the facility’s proximity to the Antlers Sand Formation and the Trinity Aquifer.

Earlier this week, Saint Jo Mayor Tom Weger held a press conference followed by a town hall meeting that gave locals an opportunity to ask questions to representatives of Fenco Contractors Group, LLC, the company looking to build the facility.

Owner Darren Fenoglio’s attorney, Stephen Fenoglio, a first cousin, said Friday that Fenco did it’s best to address concerns, but that there was no shortage of “teeth gnashing” from the 150 or so locals who showed up to announce their opposition.

“I think we answered most questions fully — and not to complete satisfaction,” Stephen Fenoglio said.

Darren Fenoglio, a Montague native, has been trying to establish the facility for two years now and the Railroad Commission has recommended twice that his permit for the facility be denied because of the risk it poses to groundwater contamination.

If a leak springs, contaminants could seep into ground and surface water affecting residents far beyond Montague County.

Since the water travels in a southeasterly direction, Bob McKee, interim president of the Montague County Property Owners Association, said the first areas affected after Saint Jo would be Lindsay and Muenster. Contamination would then spread through Gainesville and Valley View and into more populous areas like Sanger and Denton.

“It could literally effect hundreds of thousands of people,” McKee said.

Weger also recognizes the scope.

“It won’t be just Saint Jo trying to fight through this,” he said.

The mayor and many of his constituents want a guarantee that contamination won’t occur. Their opposition stems from the fact that Fenco can’t provide one.

“They can’t answer that because it can’t be done,” Weger said.

In a letter to the Nocona News, Darren Fenoglio wrote that his facility will feature protection measures that cost upward of $250,000 per acre to incorporate.

“It is also important to understand that the protection measures to be used at this facility are the most stringent required by the Railroad Commission and include appropriate groundwater and surface water protection measures,” he wrote.

But still, there is not a foolproof safeguard to prevent contamination.

“That’s very much a valid concern and it’s one Fenco shares,” Stephen Fenoglio said. “We believe the way we’ve designed the facility and where it is, it’s very minimal risk.”

He then added that no one can guarantee 100 percent, and Fenco is no exception, however the facility’s chance of leaking is a “very, very, very minimal risk.”

But Weger, who said the city opposes the permit not for its purpose, but rather for its location, is not interested in taking chances.

“We actually did the research,” he said. “The danger is it’s going to get into the Trinity Aquifer. Go find another place. We cannot afford to take this risk.”

Weger said Fenco’s proposal also raises concerns about the increase of truck traffic the facility would generate, noting that Saint Jo’s roads are already worn from truck use.

However Fenoglio said this concern may already be a reality in the city.

The facility is expected to generate traffic anywhere from zero to 90 trucks each day.

Weger said the city did a calculation on what kind of impact the increased traffic would have and found that trucks would be backed up for about 15 hours and that the facility would likely be operating 24/7.

“That’s going to have a great impact,” he said. “We’re already seeing the problems with trucking.

But Fenoglio counters, “The trucks are already there in Montague County.”

He said Saint Jo is already facing the issue as trucks frequent a nearby rock crusher facility. Before last week’s town hall meeting, Fenoglio said he and a contractor observed about 20 trucks near the facility.

He noted that 90 trucks is the maximum projection expected, but that citizens were quick to assume the number would fall at the top of the charts.

Fenoglio also noted that most trucks will access the plant through a state highway.

“They’re not going to beat up a county road...or come through the city of Saint Jo,” he said.

He noted also that the nearest house to the property is about half a mile away.

The city still thinks Fenoglio should find another location for the facility.

“If it was not for the location, we would not be fighting this,” Weger said.

Weger said the city has had to retain an attorney for the matter and that so far the city has no idea what it’s costing. Weger said area residents have been sending in donations to help offset the cost.

“They understand that the city of Saint Jo is not prepared to fight an oil and gas company,” he said.

The next step in the process is a public meeting during which a representative from the Railroad Commission will come to Saint Jo to listen to the opinions of citizens.

A hearing with the Railroad Commission is then scheduled for Oct. 18-20 in Austin where the City of Saint Jo, the Underground Water Commission and Fenco will be present.

Two hearing examiners will gather information and then the meeting will be adjourned. After six months, at least, the Railroad Commission will draft a proposal and make a recommendation for the approval or denial of Fenco’s permit.

“We believe we will prevail,” Fenoglio said.

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