According to TCEQ spokesman Terry Clawson, Henry Zumwalt will be required to submit proof that mulch fire debris he is placing along the banks of Helotes Creek is not contaminated. He also will submit a work plan detailing his efforts. Photo by Marvin Pfeiffer

It’s déjà vu all over again, says former Helotes mayor Jon Allan, who, during his tenure, struggled with a burning mulch pile for three months. Now, nearly 11 months after the fire started, he’s trying to get the pile’s charred debris removed from the banks of Helotes Creek.

“The county is doing exactly what they did during the fire,” Allan said of Bexar County and the Texas Commission on Environme-ntal Quality allowing mulch debris from this year’s fire to stay on property owner Henry Zumwalt’s land.

The burnt matter, reported to TCEQ by Allan, was supposed to be removed under a prior agreement, says Allan, following the Christmas Day 2006 blaze that burned for 90 days and stumped state agencies.

“TCEQ promised the community that the material would be removed from the site,” Allan said. “I saw the agreement that TCEQ had drawn up on the removal. Apparently, Zumwalt stalled and TCEQ is hoping the mess will go away.”

According to TCEQ spokesman Terry Clawson, Zumwalt will be required to submit proof that the debris is not contaminated, and a work plan detailing efforts to place the burnt mulch pile remnants along the banks of Helotes Creek.

Zumwalt maintains that the debris is only dirt and rocks and is not contaminated. He is shoring up the matter along the creek to serve as a bank.

“Mr. Zumwalt, at TCEQ’s request, has submitted plans for stabilization of the creek banks and sampling results from materials used on the creek banks. We are looking at these submittals and will determine the appropriate course of action,” Clawson said.

A consultant collects the sample and a TCEQ-accredited lab analyzes the matter, Clawson said.

“Falsification of lab results could result in additional violations and penalties,” he added.

The city if Helotes has no jurisdiction in the matter, said City Secretary Grace Tamez.

“At this time, the only info I have is that the issue was referred to the county and TCEQ because the property is not in the city limits,” Tamez said.

Helotes resident Myfe Moore said more should be done about the situation.

“The TCEQ is a ineffective entity because it does not have the personnel to enforce its rules and because it is politically influenced,” she said.

Allan agrees, insisting the mulch debris is contaminated.

“What no one wants to discuss is the fact that the material was a hazard and created a problem for extinguishing the fire because any water put on the pile went directly into the aquifer, leading to contamination,” Allan said.

“I believe the mulch pile would still be burning if left to the Zumwalts and the county.”