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SECTION TWO - WILLIAMSON COUNTY LANDFILL TRANSCRIPT FOR APPROVAL OF THE 2003 CONTRACT WITH WASTE MANAGEMENT, INC. (10/28/2003)
PITTMAN (continues): So this agreement anticipates Waste Management permitting the balance of the land, the available land that the county owns ....
LIMMER: That is permittable.
PITTMAN: That is permittable, excluding the (inaudible) property ....
LIMMER: And that 15 acres right east of the (inaudible) ....
BOATRIGHT: So, we're amending our contract to include the additional land. Is that basically ...?
LIMMER: Right. To have them permit the land east of the existing landfill all the way to 1660.
BOATRIGHT: Ok.
PITTMAN: And they would be paying all of the permitting, engineering and design cost related to that which expands to the full extent of the landfill site that we've now (inaudible) ....
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NOTES
When PITTMAN says the agreement "anticipates Waste Management permitting the balance of the land," the statement reveals that Pittman apparently already knows that Waste Management will be the "applicant" on the permit expansion application, yet that important detail is not explained to commissioners court. By being the "applicant" (which actually occurred with the filing of the permit), Waste Management would insert itself into the position of having control of the landfill, a result which is not disclosed and which these commissioners don't acknowledge.
When Limmer and Pittman refer to land that is "permittable", it excludes the non-permittable land owned by the county which is in a floodplain and consists of about 15 acres, according to Limmer's statement.
When LIMMER states that the agreement will "have THEM permit the land ...", it acknowledges that Waste Management will file the permit expansion application, but again there IS NO DISCLOSURE that Waste Management will be the "applicant", because it is assumed that the county is the "applicant" with Waste Management filing the paperwork. By being an "applicant" for a permit, Waste Management is applying to be the "permittee". These county commissioners apparently have no idea that such is the case, and Pittman and Jacobs don't tell them.