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Titus County resident urges action over industrial-waste odors near Daphne Prairie
Summary
At a Sept. 8 special session of the Titus County Commissioners Court, resident Mary McLennan described recurring foul odors and alleged dumping near the Daphne Prairie area, saying state regulators have inspected but that she continues to experience health and quality-of-life impacts.
Mary McLennan, a Daphne Prairie resident, told the Titus County Commissioners Court on Sept. 8 that industrial-waste material being applied near her home is creating persistent, nauseating odors that she said have damaged her ability to use and enjoy her property.
The complaint came during the court’s public-comment period. McLennan said Texas Commission on Environmental Quality inspectors visited the site but told her they would not declare a violation unless material was running into the roadway. “I don’t feel protected,” she said. “I can’t be outside when it smells as bad as it smells. I feel like I’m being tortured.”
McLennan said some applications run 10–14 hours a day and that crews have worked 24 hours on some days. She told commissioners she collected a road-side sample when TCEQ personnel were on-site and offered to share the sample with court members. “It gets in my hair, it gets in my skin, it’s in my nose,” she said.
Why it matters: McLennan framed the issue as a conflict between private-property rights and the county’s ability to address environmental or nuisance problems. She said state regulators have told county officials they lack authority to treat the material as a violation unless it reaches public roadways. McLennan warned of potential runoff if heavy rain occurs.
Titus County Judge Cooper responded during the public-comment period that the commissioners’ court has limited authority over state-regulated applications and that residents may need to pursue legal remedies. “We don’t make those laws, we just enforce the laws,” Cooper said. He added the county has a nuisance law that prevents dumping and that some matters will require action by state regulators or private legal action.
Discussion points recorded in the public comment: - McLennan reported TCEQ visits and said a company moved its applicator off the site before one inspection, and that inspectors told her the site did not meet the threshold for a violation at that time. - She described health effects including nasal irritation and said smell was sometimes carried into her home’s air-conditioning system. - McLennan expressed frustration that enforcement appears to hinge on whether material reaches public right-of-way or drains. - Judge Cooper and other court members advised McLennan that the county’s remedial options are limited and recommended legal consultation while noting the county’s nuisance ordinance applies to dumping.
No formal action was taken by the commissioners’ court at the meeting on McLennan’s complaint; it was recorded as public comment. The court did not direct staff to open a county enforcement action on record during the session.
Next steps and context: McLennan said she expects further action may require legal proceedings and private enforcement. Commissioners and the judge noted that if state regulators (TCEQ) consider the application lawful, the county’s enforcement role is constrained. McLennan asked the court to consider residents’ private-property rights in future responses and urged follow-up from state or county officials.
McLennan’s remarks came early in the court’s public-comment period; the exchange on this topic concluded before the court moved on to ceremonial recognitions and the business agenda.
