The Dallas City Plan Commission is slated to discuss a controversial code amendment that could limit the ability of citizens to use a legal process to close polluting industries in their neighborhoods.
Dallas residents seeking to close an industrial facility in their neighborhood have been able to initiate a process known as "amortization." That enabled them to call on a city board to hold a public hearing to decide whether the facility should be allowed continue operating.
But Dallas officials say that process was upended by a state law signed last year. Some Dallas residents say city overreacted and that its remedy goes above and beyond what state legislators signed into law.
The ordinance drafted by the city's staff lays out a way that individuals other than elected officials can start the amortizaton process, which also is known as a scheduled closure. But according to the city, that can happen only if the city’s chief financial officer says there’s enough money in a proposed “nonconforming use” fund to cover any related costs.
The Thursday public hearing comes after almost a year of discussion, drafted legal remedies — and the denial of residents trying to use the process to their advantage. Individuals can register to speak at the hearing 3 p.m.Wednesday.
KERA News has reported extensively on some West Dallas residents’ fight to use the process to close down a decades-old shingle factory just a stones throw from their backyards.
They say the plant's emissions are harming the health of their community — and they want it to stop.
Janie Cisneros, leader of West Dallas community group Singleton United/Unidos, tried to file for a scheduled closure of the plant last year. She was turned away several times by different city departments — and an assistant city attorney.
“They’re giving us the run around…no one wants to take this application, no one wants to speak with us,” Cisneros said in an interview with KERA in October last year. “Doors keep getting shut.”
The city claimed at the time that it could not accept any applications for a scheduled closure due to Senate Bill 929, which changed the process.
The city’s zoning ordinance advisory group voted to move the drafted ordinance forward last year — nothing that sending it on to the plan commission did “not preclude the opportunity for changes to be written” into the ordinance.
Ultimately, Cisneros decided to sue the city.
“The City shenanigans to protect GAF at all costs needs to stop. People are sick. People are dying,” Cisneros said in a press release announcing the legal action earlier this year.
“The City has equity and empathy as core values. Why do they not apply to the residents of West Dallas?”
The city did not respond to request for comment by KERA when Cisneros filed her application. When asked about the amortization process previously city spokesperson told KERA this:
"Because our development code has not been amended yet to reflect the changes in state law, the city cannot process a request to establish a compliance date at this time as it would be in conflict with state law and/or the city code."
In April, Cisneros along with other environmental activists were cited for blocking the entry way to the GAF shingle plant located along the Singleton Corridor in West Dallas.
GAF's leadership and media partners on site declined to comment. A GAF spokesperson supplied a written statement after the demonstration had ended.
“We appreciate the rights of our neighbors to voice their opinions but today our priority is the safety of our staff and people in West Dallas,” the GAF spokesperson said in the statement.
“We take this opportunity to reiterate the fact that GAF is a good operator and has complied with the terms of its air permits. GAF has been inspected numerous times by various agencies (City of Dallas, TCEQ, and EPA) in recent years and there have been no notices of violation issued.”
A day before the action, Venton Jones, a Democrat who represents Texas House District 100, apologized for voting in favor of SB 929.
"As a lawmaker, sometimes you make mistakes. My vote for SB 929 is an example of legislation that had unintended consequences," Jones said in the statement to KERA.
"I will continue working to improve the health of my constituents and reduce the harm caused by the historic presence of industrial pollutants too close to the homes of Texas families."
It is unclear whether the council would support setting up another fund specifically to deal with nonconforming uses throughout the city. The idea comes just months before the council will have to discuss and approve another budget — and agree on a plan to fund the ailing public safety pension system.
The hearing is slated for Thursday, but according staff’s report, the item could be deferred until August.
Got a tip? Email Nathan Collins at ncollins@kera.org. You can follow Nathan on Twitter @nathannotforyou.
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