Compost site approved near Giddings despite new state law, county ordinance & protests

LINCOLN, Texas (KBTX) - A compost facility in Lee County is moving forward despite strong opposition from residents, local leaders, and lawmakers.

Lee County Judge Frank J. Malinak III said he was notified by TCEQ’s Waste Division last week that Break It Down, LLC had been granted authorization to operate a composting facility on private land off County Road 326.

“We are disappointed in that decision because we believe that a composting facility has got no place out here in this countryside,” explained Malinak. “There’s houses down this road, residences, there’s farms, there’s a horse operation right here. We just don’t feel like it’s got any place in this area.”

Malinak said the county will formally appeal the executive director’s decision to the full commission.

“We’re going to suggest that, hey, y’all made a wrong decision here by allowing this, and please not allow this to happen here in Lee County,” he said.

More than 2,000 residents have filed formal protests with TCEQ, and Malinak said people are frustrated that state regulators sided against their community.

“Nobody in this community, so many people in this county, in Washington County, in Burleson County, are against this because they know if it can happen here, it can happen to them also,” continued Malinak. “The people don’t want trash from big cities, no matter where it comes from. We don’t want it out here.”

Malinak said new rules passed by the Legislature were supposed to prevent rural counties from being forced to accept food waste from Austin and other cities with composting ordinances. Senate Bill 2078, which took effect Sept. 1, requires county approval before that waste can be deposited. TCEQ has said the applicant revised its plans and agreed not to accept food waste generated in Austin.

“Look, I wish we could take them at their word,” he furthered. “But if you go back and look at their history, the history of doing things already without authorization, it’s just not conducive to giving us trust in this company or the process.”

Residents also questioned how commission rules can override a Lee County ordinance passed in 2018 banning commercial composting facilities. Malinak said the conflict between local and state law leaves residents without clear protection.

“We are enforcing county law as authorized by state law. Somewhere in the middle of this, we’ve got a conflict between those two, and we’ve got to look out for the well-being of the citizens of Lee County,” insisted Malinak.

Nearby landowner Annie Bolognino said the news of the permit did not surprise her after months of organizing against the project.

“You win the battle, but not the war yet,” announced Bolognino.

Bolognino said regulators should have built in safeguards during the application process to identify counties with ordinances that prohibit compost facilities.

“It would be as easy as putting a checkbox on the application that I would think would make that a pretty easy thing to have acknowledged our county ordinance and whether or not our county officials have given the okay,” she said.

According to Bolognino, community members have felt ignored by the process.

“There should be some protocol that could make this a pretty easy fix,” explained Bolognino. “But instead, we’ve had our voices, and even our lawmakers, given the silent treatment.”

Both Bolognino and Malinak said the community feels betrayed.

“We feel betrayed by TCEQ,” Malinak stated.

Bolognino agreed, adding, “Our state representative and Senator Kolkhorst had been given the silent treatment from TCEQ, and truthfully, that is our voice as a community… To have their voice be shut down was a whole other level of disappointment, betrayal, frustration, and who’s going to listen to us now if they won’t listen to our senator and our representatives?”

TCEQ response

TCEQ officials say the application went through several revisions and met state requirements. They say that after Senate Bill 2078 was passed during the 89th regular legislative session, the applicant confirmed they would not accept food waste from Austin.

Lawmaker reaction

State Rep. Stan Gerdes issued the following statement:

What’s next

County officials plan to appeal the authorization to the full TCEQ commission, while residents vow to continue organizing.

“We don’t want municipal solid waste coming in here from Austin or any other big city,” Malinak urged.

For Bolognino, who recently purchased horses for a therapy program on her land near the site, the decision raises personal stakes.

“This is beautiful, rolling farmland, ranch land,” she added. “This is what’s going to be exposed to this slop coming into our community.”