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Bastrop County residents press TCEQ for tougher enforcement over persistent odors
Summary
Residents in Bastrop County told the Texas Commission on Environmental Quality on Oct. 8 that persistent odor problems are harming health and quality of life and urged the agency to impose stiffer, faster enforcement and more frequent inspections.
Residents from Bastrop County and surrounding communities used the TCEQ public comment period on Oct. 8 to press the commission for faster, tougher enforcement after persistent odor events.
Multiple speakers described repeated odor exposures and associated health and quality‑of‑life impacts. Joy Kesnoski, an Elgin city council member, told commissioners, "It's been 90 days and it still smells in Bastrop County." Several other residents urged the agency to pursue escalated enforcement measures — including per‑day penalties and potential permit revocation — or to stop granting what speakers described as repeated extensions to compliance schedules.
Courtney Kellogg, a Bastrop County resident, asked the commission to change its enforcement approach, saying, "I would like to advocate that TCEQ policy includes, swifter action on companies that are not in compliance." Several speakers suggested more unannounced inspections and expanded investigator hours to catch after‑hours violations; Dante Alvarez asked TCEQ to “maybe expand on the folks that actually go out and see, and investigate these matters and potentially stack them 24/7.”
Adrian Shelley of Public Citizen urged the commission to use existing legal authority to enforce agreed orders, saying the agency does not always need new legislation to act: "You don't need new legislation for you to enforce the agreed orders that you signed within the times that you agreed to." Many commenters echoed calls for accountability, saying local businesses and families are suffering lost recreation, health effects and economic harm.
Commission staff repeatedly reminded speakers that the commission cannot take comments during the public session about specific pending permit applications or contested enforcement matters because of Texas Government Code protections against ex parte communications. The clerk and legal staff cited Texas Government Code §2001.061 and directed comments to general policy recommendations rather than case‑specific allegations.
What the public asked for: stricter enforcement, daily fines for ongoing violations, more frequent and unannounced inspections, expanded investigator hours beyond standard business hours, and clearer pathways for residents to present specific facts in a way that complies with statutory limits on commission comments.
What the commission said it would do: staff recorded concerns for the record and noted that some contested matters will proceed through SOAH or be reopened for further fact‑finding; the Formosa Plastics matter was continued to Nov. 5 for fact‑finding procedures.
The meeting then recessed into closed session for posted items and adjourned at 11:56 a.m.
