Sam Thomas of Round Top Ranch in Williamson County and Kirk Michaux of Solana Ranch near Salado were among those who sought to overturn the permit to operate a rock crusher at the northwest corner of County Roads 344 and 305 in Williamson County.
Mine Services Ltd. of Rockdale applied for an air quality permit to operate a crusher at the site in May 2005, but was cited by the Texas Commission on Environmental Quality (TCEQ) soon after on two violations. One was for operating a rock crusher larger than what was allowed in the company’s rule-by-permit and another for operating too close to a residence.
A company granted a permit-by-rule agrees to abide by the rules of the permit under provisions that are written for the industry.
Even before the company began its rock crushing operation under a permit-by-rule, the application by Mine Services Ltd. for an air quality permit for drew opposition from Thomas, Michaux and others.
The TCEQ suspended operations of the rock crusher while opponents sought a contested hearing on the application.
“What you find out, when you fight these aggregate companies and their lobby group, is that there are more holes in the law than there are in a prairie-dog town,” Thomas said Monday. “We all got an education in the process. But we put them (Mine Services Ltd.) on notice that they can’t just stampede over us. We slowed them down a little bit.”
Mine Services Ltd. president Keith Debault was not available for comment on Monday.
Thomas said that in exchange for not filing a motion to overturn the permit, Mine Services Ltd. agreed to:
n Pay a portion of the landowners’ legal fees.
n Maintain a private lane used by both the Thomas family and Mine Services.
n Limit work on weekends.
n Limit blasting operations to weekdays.
n Install seismic equipment on the Thomas ranch.
n Move the crusher farther away from the Thomas residence.
n Build berms to shield the Thomas family and others from some of the noise.
“There was no way to get it (the rock crusher) stopped,” Michaux said. “The aggregate industry is a strong one. They pay a company’s legal bills for deals like this. We realized we couldn’t win, so we tried to get what we could and let it drop.”
A January 2006 public hearing on the proposed permit brought comments from several landowners and citizens, many of the comments centering on water quality issues, which were not covered in the public hearing or in comments filed with the TCEQ.
“They (TCEQ) look at everything independent of each other,” Thomas said. “We know dust from the quarry falls in the creek but they’re not looking at that. I wish they would look at these things like one big package.”
In a letter dated April 26, the TCEQ responded to public comments, concluding “no changes to the draft permit were necessary in response to the public comment.”
The TCEQ allows 23 days for opponents to file a motion to overturn. Since the opponents have agreed not to file a motion, Mine Services Ltd. will be free to begin operating the rock crusher at the end of that time.
TCEQ officials said Monday that the agreements were made outside of the air permitting process and were between the citizens and the company.
“We’re always pleased when a company and their neighbors can come to an agreement,” TCEQ spokesman Terry Clawson said.
Two bills, one in the Senate and one in the House, that would provide more regulations and stiffer penalties for rock quarry operations are in committee.
Senate Bill 712, filed by Sen. Troy Fraser (R-Horseshoe Bay), and HB 3570, filed by Rep. Patrick Rose (D-Dripping Springs), are in the Natural Resources Committee of their respective branches.
Bills filed in the last session by Fraser and Rose that would have added regulations and penalties for quarry operations were both killed.
