TCEQ: ‘NOT AN OPPORTUNITY FOR A PUBLIC MEETING’ REGARDING LEE CO. COMPOST FACILITY

  

Efforts by local and area residents to oppose the location of a commercial compost operation in Lee County may have hit a snag.

Recently, the Texas Commission on Environmental Quality (TCEQ) sent a letter to State Senator Lois Kolkhorst and State Representative Stan Gerdes about the plans of Austin-based Break It Down LLC to build a compost facility on land near Lincoln on Private Road 3264, off of County Road 326.  The letter was in response to requests from Kolkhorst and Gerdes asking the TCEQ to hold a public meeting regarding Break It Down’s notice of intent to operate the facility.

TCEQ Executive Director Kelly Keel wrote that the commission’s composting notification rules require the TCEQ Office of the Chief Clerk to provide notice to adjacent landowners by mail.  However, it says “there is not an opportunity for a public meeting.”

Those involved in the “Stop the Slop” group formed against the compost facility have called on anyone who is also opposed to submit protest letters or comments to the TCEQ demanding a public hearing be held on the issue.  January 2^nd was the final day to file protests, and over 1,800 were submitted. 

Keel’s letter also says if the notice of intent given by Break It Down is approved, “TCEQ procedures provide an opportunity to request a Motion to Overturn the Executive Director’s decision.”   She continues, “The motion must be filed no later than 23 days after the date that TCEQ mails notice of issuance and must explain why the commissioners should review the Executive Director’s action.”

The letter does not include who would need to submit the Motion to Overturn with the TCEQ.

Lee County has hired a law firm to represent the county’s interests against the compost facility, specifically in enforcing the county’s ordinance passed in 2018 that restricts solid waste disposal to certain remote locations. 

Both Washington County and the City of Brenham have passed resolutions joining Lee County in expressing opposition to the facility.  The resolutions cite concerns about possible environmental effects to Lake Somerville, strong odors that could detract from air quality, an increase in vermin and pests, damage to roads and other infrastructure due to increased truck and trailer traffic, noise pollution from operating equipment, and interference with nearby rural property owners.

Per the TCEQ’s letter, compost facilities must obtain proper authorization from the TCEQ prior to operation.  Commission rules establish a “tiered approach” to compost authorizations – permit, registration or notification – based on the organic materials proposed to be used in the composting process.  The commission says it is “currently conducting a technical review of the notification to ensure that it meets TCEQ’s regulatory requirements.”