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Federal judge to rule on Avery landfill


Published November 19, 2006

AVERY — A federal judge is expected to rule next week on Edwin B. Kelsoe's lawsuit involving a permit application for a proposed municipal landfill.

Kelsoe, an Avery resident, is seeking a judicial declaration regarding the administrative completeness of the permit application.

The application requests a permit from Texas Commission of Environmental Quality for a proposed Red River County Municipal Solid Waste Facility on a 231-acre stretch of land, just eight-tenths of a mile from Avery.

The site was proposed to accept household Type 1; brush and demolition, Type 4; and miscellaneous Type 5 waste, which might include tires, incineration of medical waste and recycling, among other Type 5 municipal waste.

A TCEQ ruling deemed the permit application incomplete, returning it because of “significant administrative deficiencies.”

Kelsoe filed a lawsuit in March challenging the decision.

On Nov. 27, U.S. District Judge Gisela D. Triana is expected to rule on a motion filed by TCEQ to dismiss the lawsuit.


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