Plan targets odors, dust from Frisco industrial plants
risco: Attorneys for facilities see legal issues with draft of ordinance
09:06 AM CDT on Monday, March 12, 2007
By JAKE BATSELL / The Dallas Morning News
jbatsell@dallasnews.com
FRISCO – City officials have drafted an ordinance to cut down on pollution after years of complaints about odors and dust near three concrete and asphalt plants in southeast Frisco.
FILE 2004/Staff photo
A concrete plant stands near a Frisco subdivision. A proposed pollution ordinance could be passed as soon as March 20.
At a City Council public hearing last week, the draft ordinance drew kudos from nearby elementary school students and residents who said it would help curb persistent dust and breathing problems.
"Vote for the clean air ordinance so the air can be clean, and me and my friends don't have to play in the black dust," said Grace Caputo, 10, a fifth-grader at Isbell Elementary School.
But attorneys for the plants said the ordinance conflicts with state environmental laws and leaves questions about how it will be enforced.
"If a citation can just be issued based on a phone call from a citizen, we're going to have a lot of effort wasted in jury trials at the city," said Bob Stewart, an Austin-based attorney for the Southern Star concrete plant.
The ordinance appears headed for a vote when the Frisco City Council next meets on March 20. It would ban the burning of industrial waste oils and prohibit plants from emitting strong odors and visible dust particles beyond their property lines.
Council members did not comment on the ordinance during last week's public hearing. But given the history of residents' complaints, council member Matt Lafata said he expects the measure to pass in one form or another. "I see no negative aspect to passing this thing," he said.
While the ordinance would apply to plants citywide, the recent debate has centered on emissions from three plants – the Southern Star and Redi-Mix concrete plants and the APAC asphalt plant. All are near State Highway 121, west of Custer Road.
Tests conducted by a city consultant and the Texas Commission on Environmental Quality found that the air in southeast Frisco is safe. But the tests also confirmed that dust from the plants could cause respiratory irritation.
Carolyn Lis, a leader of a neighborhood group pushing for better air quality, said the ordinance balances the needs of residents, students and businesses. "We're excited about this ordinance," Ms. Lis said. "It would mean cleaner, healthier air in our neighborhood and at our neighborhood school."
Grace, the fifth-grader, said she and her friends are tired of brushing black soot off their skin.
"When we are playing on the trampoline, we get black dust on us," she said. "When the asphalt plant is in production, it smells really bad. The smell makes it hard to breathe."
Kirk Morris, area manager for the APAC asphalt plant, deferred comment to a company attorney, who could not be reached Friday. Attorneys for the two concrete plants told council members that they would oppose the ordinance because it collides with state regulations.
City Manager George Purefoy said attorneys are reviewing the plants' concerns. But he said the city is committed to reducing odors and dust in the area. "It's not the most pleasant thing to have dust blowing into neighborhoods," Mr. Purefoy said. "I think at the end of the day, we'll be able to work hand in hand with [the plants] and find some common ground."
09:06 AM CDT on Monday, March 12, 2007
By JAKE BATSELL / The Dallas Morning News
jbatsell@dallasnews.com
FRISCO – City officials have drafted an ordinance to cut down on pollution after years of complaints about odors and dust near three concrete and asphalt plants in southeast Frisco.
FILE 2004/Staff photo
A concrete plant stands near a Frisco subdivision. A proposed pollution ordinance could be passed as soon as March 20.
At a City Council public hearing last week, the draft ordinance drew kudos from nearby elementary school students and residents who said it would help curb persistent dust and breathing problems.
"Vote for the clean air ordinance so the air can be clean, and me and my friends don't have to play in the black dust," said Grace Caputo, 10, a fifth-grader at Isbell Elementary School.
But attorneys for the plants said the ordinance conflicts with state environmental laws and leaves questions about how it will be enforced.
"If a citation can just be issued based on a phone call from a citizen, we're going to have a lot of effort wasted in jury trials at the city," said Bob Stewart, an Austin-based attorney for the Southern Star concrete plant.
The ordinance appears headed for a vote when the Frisco City Council next meets on March 20. It would ban the burning of industrial waste oils and prohibit plants from emitting strong odors and visible dust particles beyond their property lines.
Council members did not comment on the ordinance during last week's public hearing. But given the history of residents' complaints, council member Matt Lafata said he expects the measure to pass in one form or another. "I see no negative aspect to passing this thing," he said.
While the ordinance would apply to plants citywide, the recent debate has centered on emissions from three plants – the Southern Star and Redi-Mix concrete plants and the APAC asphalt plant. All are near State Highway 121, west of Custer Road.
Tests conducted by a city consultant and the Texas Commission on Environmental Quality found that the air in southeast Frisco is safe. But the tests also confirmed that dust from the plants could cause respiratory irritation.
Carolyn Lis, a leader of a neighborhood group pushing for better air quality, said the ordinance balances the needs of residents, students and businesses. "We're excited about this ordinance," Ms. Lis said. "It would mean cleaner, healthier air in our neighborhood and at our neighborhood school."
Grace, the fifth-grader, said she and her friends are tired of brushing black soot off their skin.
"When we are playing on the trampoline, we get black dust on us," she said. "When the asphalt plant is in production, it smells really bad. The smell makes it hard to breathe."
Kirk Morris, area manager for the APAC asphalt plant, deferred comment to a company attorney, who could not be reached Friday. Attorneys for the two concrete plants told council members that they would oppose the ordinance because it collides with state regulations.
City Manager George Purefoy said attorneys are reviewing the plants' concerns. But he said the city is committed to reducing odors and dust in the area. "It's not the most pleasant thing to have dust blowing into neighborhoods," Mr. Purefoy said. "I think at the end of the day, we'll be able to work hand in hand with [the plants] and find some common ground."
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