scoops

Tuesday, July 12, 2016

Denali withdraws permit

Yesterday, June 12 the TCEQ called with the unexpected news that Denali Water Solutions LLC had withdrawn the permit application to sludge the Wallace Farm. I waited to post until I had actually seen the documents that arrived this morning. Here they are:

Official withdrawal letter from Denali Water Solutions LLC to TCEQ

TCEQ acknowledgment of the withdrawal letter

It’s been a whirlwind since the Public Notice of the Permit Application first reached resident landowners within 1/4 mile of the proposed site at the end of May. As one of those recipients, I immediately began drafting this website. Within days, Rep. Cyrier and Sen. Watson fired the first salvo by sending a letter to the TCEQ requesting a public meeting on the permit. That letter was the first post on this site’s Scoops blog.

As word got out, citizens started submitting comments to the TCEQ to request a meeting and state how this project would harm them. Then just two weeks ago, Independent Texans organized a meeting at the Rockne VFW that was attended by over 200 people including Rep. Cyrier and Judge Pape! It was amazing to see such diversity coming together to learn about the problem we were facing.

The coup de grace came on Monday when the Commissioners Court unanimously approved Judge Pape’s carefully crafted Resolution opposing the permit. Tuesday morning the Judge sent the Resolution to TCEQ with a cover letter that eloquently described the County’s position regarding the permit. Officials in Austin received that communication later that day. Undoubtedly there were other factors that prompted Denali’s retreat but our local efforts had to have been a major part of the equation.

Well done one and all!!

For now we can breathe a sigh of relief. There will be reflections posted in the coming days as this turn of events sinks in. But just remember that the beast never sleeps, so we must remain vigilant.

County’s letter to TCEQ

The morning after the Commissioner’s Court unanimously passed a Resolution opposing the Denali permit application, Judge Paul Pape sent this strongly worded letter to the TCEQ. Kudos to the Court for standing up to this ill-conceived proposal! Well done, one and all!!

Another citizen speaks

At Monday’s Commissioner’s Court session, Chris Denison read this comment that was submitted to the TCEQ regarding the Denali Permit Application.

The area of Bastrop County being considered for sewage dumping is underlain by a rock unit called the Calvert Bluff Formation. This unit consists of layers of sands, shales and lignites, sometimes cut by sand-filled channels. All of the aquifer sands are connected to some extent, vertically and laterally. Water wells can produce from the layered sands at fairly low rates, but if you are fortunate enough to have a well that produces from a channel sand, copious amounts of water can be produced.

The Calvert Bluff dips (is inclined) to the southeast at about 100 feet to 200 feet per mile. For example, I have property on Lone Star Road, to the southeast of the intended dumping area, and I am producing water from a sand at 300 feet. That sand comes to the surface somewhere between 3 and 6 miles away, which is where the sludge will be dumped. That is where my aquifer sand is recharged.

Surface water soaks into the ground and slowly moves through the aquifer, spreading vertically and laterally, reaching my well possibly years to decades later. Any pollutants on the surface of the recharge area will be transferred into the aquifer and will eventually reach my well. Hundreds of household wells down-dip from the proposed dumping area are potentially at risk.

As an illustration of what will happen, during WWII what is now Livermore Labs in California was an airbase. On grassed areas of the airbase, oil-coated aircraft engines were washed with carbon tetrachloride (dry-cleaning fluid), which “disappeared”. Decades later, a plume of contaminated groundwater is moving towards Livermore City water wells.

Sewage sludge is notorious for containing pharmaceuticals flushed down toilets and heavy metals, including lead, mercury, arsenic and cadmium, from various household cleaning products. Complex molecules from the pharmaceuticals will break down, but the surviving molecular fragments and the heavy metals will be washed into the aquifer. I will have to pay for tests to determine when the pollutants reach my well. When this toxic chemical soup eventually appears, I will not be able to use the water in my house, for my animals, or for irrigation. What do I do then - move?

Monday, July 11, 2016

A citizen speaks

This comment was read at today’s Commissioner’s Court session by the author of this website.

Let’s start at the beginning. The guidelines for the sludging of America are contained in the EPA’s 503 sludge rule which was implemented in 1993. The TCEQ is just being a good foot-soldier reinforcing the EPA’s big lie that sludge is nothing but ordinary fertilizer and perfectly safe.

In case you’ve bought into the EPA’s greenwashing and think this is an OK idea, please look at the handout listing contaminants that have been found in sludge. Out of all those, only nine heavy metals and one pathogen – fecal coliform - are monitored for Class B biosolids. All the rest of those contaminants may legally be present.

Yes, the TCEQ knows exactly how unsafe Class B biosolids are. Just take a look at the excerpt from the Texas Administrative Code TAC 30 regulations. That section specifies how many days, weeks, months, years must pass before sludged land can be used for certain purposes. And that caution relates to only one pathogen - E. Coli.

So what does this mean for Bastrop county and its residents? The most pressing concern with this permit proposal is water resources. Please look at the two graphic handouts. The Wallace Farm, which has signed up for the free sludge, lies almost entirely over the Wilcox outcrop where rainwater replenishes the aquifer. Toxic components in that sludge would inevitably leach into the aquifer and also Cedar Creek when it rains heavily. That contaminated water would then radiate from the Wallace Farm by the aquifers’ underground streams. The creeks would move those pollutants into the Colorado river. And surface runoff would flow downhill to pollute neighbors’ land and water sources.

But, neither the TCEQ nor Denali Water Solutions would bear any responsibility for testing of neighboring wells that may become contaminated OR for maintaining county roads OR or compensating neighbors for loss of property value. There are Commercial Liability and Environmental Impairment policies in place for ten million dollars per occurrence. But how exactly does one unimpair toxic pollution? Interestingly, this policy is issued to the Wallace Farm in a mythical BAXTER county, Texas.

When Denali Water Solutions withdrew their application for a similar permit in Fayette county a few weeks ago, they emphasized that the residents had an “emotional attachment to the Colorado river”. Well, my attachment is to water that isn’t polluted by heavy metals and pathogens and chemicals and pharmaceuticals and and and . . . Those nasties have no business being dumped over an aquifer outcrop or in the Cedar Creek floodplain or on a site that has higher elevation than neighboring properties. Period.

The Resolution before you today would be an important step in the process of putting an end to this before it starts. It’s unthinkable that our precious water resources could be jeopardized by one landowner’s misinformed and naive idea that sludge is just harmless, “free-fertilizer”.

County opposes sludge

This morning, the Bastrop County Commissioner’s Court unanimously passed a “Resolution in Opposition to the Land Application of Sewage Sludge by Denali Water Solutions LLC, TCEQ Application Permit No. WQ0005197000”. Four citizens supported the Resolution by speaking in opposition to the proposed permit. Some of those comments will be posted here shortly.

Signed Resolution