TCEQ GRANTS PERMISSION FOR LEE CO. COMPOST FACILITY AFTER WIDESPREAD OPPOSITION
Lee County residents are receiving notice from the Texas Commission on Environmental Quality (TCEQ) that a proposed composting operation near Lincoln has been authorized to proceed.
Earlier this month, Lee County Judge Frank Malinak was notified by the TCEQ’s Waste Permits Division that Break It Down, LLC has been granted permission to put a composting facility on land on Private Road 3264.
The agency stated that Break It Down’s application was determined to have “met the relevant rule requirements for the proposed facility.” Malinak called the ruling “unfortunate” and said the county plans to appeal to the full commission.
The decision comes after thousands of residents submitted comments and protests to the TCEQ against the compost facility, as well as resolutions of formal opposition from government entities like Washington County, the City of Brenham, Lee County and the City of Giddings. It also follows the passage of legislation by State Senator Lois Kolkhorst and State Representative Stan Gerdes aimed at stopping the operation.
Washington County Judge John Durrenberger issued the following statement:
“Although I now reside in Washington County and serve as Washington County Judge, Giddings is my hometown and will always remain close to my heart. Growing up in Giddings shaped who I am today, and I continue to care deeply about the people and future of Lee County.
I am deeply disappointed in the Texas Commission on Environmental Quality’s decision to permit the proposed composting facility near Lincoln. For more than a year, the citizens of Lee County and surrounding areas have expressed overwhelming opposition to this project through resolutions, community meetings, and the passage of state legislation. Their concerns reflect a sincere and legitimate fear for the health, safety, and quality of life of local residents.
We must protect the water supply of Lake Somerville, which directly impacts the City of Brenham’s drinking water. For that reason, in December 2024, the Washington County Commissioners Court adopted a resolution opposing this facility in solidarity with Lee County. As Washington County Judge, I remain fully committed to that resolution and continue to stand with the people of Lee County in opposing this project.”
Brenham Mayor Atwood Kenjura said, “While this decision comes despite significant opposition from local leaders and residents, we will continue to support our county officials as they review available options, including potential legal action. Those who registered opposition with TCEQ will receive information on the appeal process. Our priority remains protecting the health and quality of life of our community.”
The TCEQ notice states that a motion to overturn must be filed by Lee County within 23 days after approval of the project. The county will also seek to enforce its ordinance from 2018 that restricts solid waste disposal to designated remote locations, of which the site on Private Road 3264 is not included.