By David Barber
With Contribution from Russell Slaton

CANTON–A nearly two-hour public meeting conducted by the Texas Commission on Environmental Quality (TCEQ) July 25 at the Van Zandt County Farm Bureau Event Center in Canton drew a large crowd primarily consisting of individuals who strongly expressed their opposition to a permit for the proposed land application of biosolids.
According to TCEQ, Denali Water Solutions of Russellville, Ark., applied to TCEQ for a new permit to authorize the land application of Class B wastewater treatment plant biosolids and water treatment plant residuals for beneficial use on 57 acres in Van Zandt County, north of Mabank.
The land application unit would be located within the drainage basin of Cedar Creek Reservoir in Segment No. 0818 of the Trinity River Basin, according to TCEQ. The TCEQ Executive Director has completed the technical review of the application and prepared a draft permit. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements.
Another proposed land application permit for biosolids used for agricultural purposes on 95 acres in the Aley area of Henderson County west of Seven Points (also tied to Denali Water Solutions) has its permit status listed as “withdrawn” on TCEQ’s website as of July 1, with another notation of an “ED REMAND” action July 8. That request to remand was sought by The Monitor July 22 under the Texas Public Information Act.
TCEQ provided The Monitor with the remand request Aug. 2. The interoffice memorandum shows that the “request to remand central records file” by TCEQ Biosolids Coordinator Sarah Johnson states “the above mentioned permit that was filed with the Chief Clerk’s Office on April 29, 2024 be remanded back to the Executive Director (ED). On June 28, 2024, the applicant (listed in the memo as Denali) had requested that the pending application be withdrawn.”
As for the Van Zandt County proposed permit, multiple individuals participated during the question-and-answer session, including several property owners who live near the property listed under the permit request, as well as elected officials from nearby Henderson County along with Johnson County. Virtually all the speakers expressed their opposition to the permit application.
One of those was Henderson County Precinct 2 Commissioner Scott Tuley. “Tonight, I am not only here for my constituents but I’m also here for every person in this room. I’m here for the ranchers, builders, real estate agents, small-business owners and for the people of small and large cities in East Texas,” Tuley stated.
Continued the Eustace-based commissioner, “After attending the North and East County Judges and Commissioners Conference in College Station last week, it was apparent that this is a serious matter.” After advising attendees to watch a video on a Dallas television station’s website found under what Tuley called “biosludge,” the Henderson County commissioner said “that should make your decision for you. This chemical is toxic and there is no way around it.”
Tuley also remarked: “Where this application is to be spread, any homeowner that has a well or pond in this area could or would be affected by runoff [and] could have the possibility of their well, surface water or ponds [to] become contaminated.”
Tuley also said, “So tonight, as an elected official, I stand with ranchers, farmers, homeowners and the people in this room and ask that you deny this permit on the basis of all forever chemicals are toxic and [are] not needed in rural East Texas.”
Another speaker included Keeley Green, whose property adjoins the land related to the biosolids permit. Green told KETK Channel 56 in Tyler that she is concerned about potential contamination to nearby creeks during periods of heavy rain.
“Water floods over it and it goes into the dry creek, dry creek runs directly to Cedar Creek Lake,” Green told KETK. “My family also owns property on Cedar Creek Lake, and a lot of people use that as recreation. It also is a water source to Fort Worth.”
According to the TCEQ, Texas District 2 State Representative Jill Dutton and Texas District 2 State Senator Bob Hall requested the public meeting regarding the application.
“Following today’s (July 25) meeting, TCEQ will prepare a written Response to Comments (RTC) responding to all comments received during the public notice comment period,” said TCEQ Commissioners/ED Agendas/SOAH Hearings Manager Georgia Carroll-Warren of Austin. “The RTC will be mailed to all commentors and any person on the TCEQ mailing list. No final decision concerning the application will be made at the public meeting.”
According to Dutton, “Senator Hall and I called this meeting to provide the public an opportunity to ask questions, to voice your concerns and to share your thoughts about this application. Property rights are really the pillar of our democracy. It is the pillar of our Republic. It is the pillar of our American freedoms. I am a strong advocate for property rights. No property resides in isolation. When those property rights spill over into other people’s property rights, we have an issue, so therefore, we have a process to address those issues. Tonight (July 25) is that opportunity.”
Dutton added: “They will not be able to answer every single question, but what they can’t answer, we will have those on record and there will be a report coming back to our community on this issue.”
Concluded Dutton: “I want to remind you that we are the community. This is our community. We love our community. We love Mabank, we love Phalba and we love VZC. Just a reminder that we are hosting these guests.”