KOLKHORST, GERDES FILE COMPOST FACILITY LEGISLATION

  

State Senator Lois Kolkhorst and State Representative Stan Gerdes have filed legislation intended to tighten restrictions on compost facilities operating in certain counties.

The companion bills, Senate Bill 2078 and House Bill 4086, were introduced last week.  They come as the Texas Commission on Environmental Quality (TCEQ) considers a permit application from Break It Down LLC to bring a compost facility to land on Private Road 3264 near Lincoln.

The legislation would amend Texas Health and Safety Code with a new section pertaining to county regulation of composting facility locations.  The amendment states, “A county may prohibit the operation of a composting facility within 3,281 feet of a stream, drain, recharge feature, recharge area, or tributary that may constitute or recharge the source of water supply of any municipality.”

The amendment clarifies that the added section “applies only to a county that does not contain a municipality that requires a restaurant to divert food waste from disposal in a landfill.”  It also defines a compost facility as “a facility that composts only source-separated yard trimmings, clean wood material, vegetative material, paper, manure, meat, fish, dead animal carcasses, dairy materials, and meat and vegetable oils and greases from a municipal, commercial, or institutional source.” 

In announcing the filing of the legislation, Gerdes said it is meant to “stop composting facilities from outsourcing their mandated slop compost from Travis County to outside counties in our efforts to “Stop the Slop” in Lee County.”

Over 2,000 comments and protests have been submitted to the TCEQ against the proposed facility’s operation, and government entities like Washington County and the City of Brenham have passed resolutions of formal opposition.  Among their chief concerns are possible environmental effects to Lake Somerville due to the proximity to Yegua Creek, as well as worries about strong odors, 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.

Break It Down has not publicly commented regarding the new legislation.