PROPOSED COMPOSTING FACILITY IN LEE CO. RAISING CONCERNS

  

Residents and local officials are concerned about a commercial compost facility proposed in Lee County and its potential impact to surrounding areas.

The Texas Commission on Environmental Quality (TCEQ) sent a letter to the office of Lee County Judge Frank Malinak and residents around the Lincoln area regarding a notice of intent from a company called Break It Down, LLC to operate a compost facility, which will be located on land it purchased on Private Road 3264, off of County Road 326.  The Austin-based company services multi-family housing communities and businesses in the Austin, San Antonio and Waco areas.

According to the notice, the facility will compost meat, fish, dead animal carcasses, oil, grease, dairy materials, yard trimmings, clean wood, vegetative materials, paper, and manure from commercial, municipal and institutional sources.

Multiple officials are uneasy about the facility, particularly the odor that would likely be experienced in the area, its impact on property values, and its location near Yegua Creek, which feeds into Lake Somerville. 

Judge Malinak told the Giddings Times & News that the facility “would be a threat of health and safety of our citizens – not just in the immediate vicinity, but down stream along the Yegua Creeks.” 

On Monday, Lee County Commissioners unanimously adopted a resolution asking the TCEQ to reject any proposed composting facility or similar facilities that require a TCEQ permit.  The county cites a landfill ordinance it passed in 2018 that restricts solid waste disposal to certain remote locations in the county; the land proposed for the compost facility development is not part of an area that is permitted for such activity. 

The resolution also notes worries about the effects of decomposing biological waste on aquifers and how runoff from rain events could contaminate nearby properties and streams that feed into West Yegua Creek.  In addition, it mentions previous actions taken by the TCEQ against Break It Down for not preventing nuisance odors at its facility off of FM 969 in Austin.

Washington County Judge John Durrenberger, who was born and raised in Lee County outside of Giddings, told KWHI that he is personally opposed to the facility and that this matter “hits close to home.”  He called this “a very serious situation” and said he has been in contact with Judge Malinak on the matter, adding he is hoping for a “united front” to challenge this.

Brenham Mayor Atwood Kenjura and State Senator Lois Kolkhorst both issued statements to KWHI. 

Kenjura’s statement reads, “I would like to express my gratitude to Judge Malinak of Lee County and Judge Durrenberger for bringing this concern to our attention here in the City of Brenham. While I currently do not have enough detailed information about the scope or size of the proposed compost facility, there are serious concerns regarding its location. The proposed site lies at the headwaters of Yegua Creek, which is the main tributary that feeds into Lake Somerville. This lake is a critical source of drinking water for Brenham. Given the potential for this operation to expand over time, it poses a significant threat to Brenham’s water system.  We must prevent any future harm to our water supply, which is essential for the health and safety of our residents. Since the proposed facility is still in the early planning stages, I hope that action can be taken to halt the permitting process before it moves forward. Senator Kolkhorst and Representative Wharton are aware of this issue. I am confident that, working with both Washington and Lee counties, we can intervene and ensure that this application is not approved. Our priority remains to safeguard the water quality for Brenham, and we will do everything in our power to protect it.”

Senator Kolkhorst’s statement reads, “I am aware of the permit request for a compost facility to operate within the Lee County limits and am closely following the permitting process. Our office has heard from constituents, County Judge Malinak, and other elected officials and I share their concerns.  We should be sure the operations of this facility do not impact the water quality of Somerville Lake, which is the water supply for thousands of Texans, or harm the lake in any way. I strongly recommend residents attend Lee County’s upcoming public hearing on Thursday to voice their concerns.  Going forward, I will be requesting that the Texas Commission on Environmental Quality conduct a public hearing on this proposal.”   

KWHI also reached out to the office of State Representative Stan Gerdes, whose district includes Lee County.  While KWHI was unable to speak with Gerdes directly, a staff member in his office confirmed that Gerdes is aware of the matter. 

Lee County residents who are opposed to the facility have organized a public forum that will be held tomorrow (Thursday) at 7 p.m. at the St. Johns Lutheran Church Family Life Center, located on FM 1624 in Lincoln.  Elected officials from the county and the state are expected to attend, but it is not known if any representatives from Break It Down will be present.  No one from the company attended Monday’s commissioners court meeting. 

KWHI has submitted questions about the proposed facility to the TCEQ.  The agency’s responses can be read below.

1. What does the application process entail for a facility like this in order to be approved for operation?  What kinds of standards or regulations govern applications and whether they are approved or denied?

Compost facilities must obtain proper authorization from TCEQ prior to operation. The type of authorization is based upon the proposed feedstocks. TCEQ’s rules for compost facilities are found in 30 Texas Administrative Code (TAC), Chapter 332. Additionally, compost facilities storing combustible materials outdoors must provide financial assurance for that material.

TCEQ staff review the application to ensure the application and proposed operations meets all TCEQ rules and requirements. If the application does not meet all applicable requirements, TCEQ will issue a notice of deficiency letter, which provides the applicant an opportunity to revise the application. While the application is under review, TCEQ mails notice of the application to adjacent landowners to make them aware of the proposed activity. Once the applicant addresses any deficiencies and secures appropriate financial assurance for combustible materials, TCEQ will make a final decision on the application.

Break It Down, LLC submitted an application for a Composting Notification authorization. This notification application describes composting and feedstock acceptance procedures, along with other operational procedures to prevent nuisance conditions and releases from the site. The application is under TCEQ review, and a final decision has not been made on the application.

2. What is the timeline from the initial application to final approval, and where does this facility currently stand in that timeline?

Timelines vary based on the completeness of the application and the number of required revisions.

The application for Break It Down, LLC is under TCEQ review, and a final decision has not been made on the application.

3. Has the TCEQ recorded any complaints about the facility and its proposed location in Lee County?  If so, how many?

TCEQ has received public comments regarding the pending application.

On October 11, 2024, TCEQ staff from the Office of Compliance and Enforcement performed a pre-opening site assessment for the proposed facility. During the assessment, the facility was not yet operational, and there was no infrastructure present.

4. What authority would the TCEQ have to prevent this facility from operating in Lee County?  Is it just a matter of the facility meeting the TCEQ standards, or are there any other prerequisites needing to be met that, if not adhered to, would lead to the TCEQ not granting approval?

Applicants must meet applicable TCEQ rules and requirements, most specifically the composting rules in 30 TAC Chapter 332, before TCEQ can issue an authorization. TCEQ can also consider the applicant’s history of compliance with TCEQ regulations at other existing facilities when making a decision on a pending application.

A TCEQ authorization does not supersede any local government authorization requirements, for example building occupancy permits or access/driveway permits.