Fort Worth officials seek to overturn state decision on controversial concrete batch plant
Fort Worth officials are taking their fight against a concrete batch plant bound for far north Fort Worth to the next level by filing a legal protest against the state's approval of an air quality permit.
The Texas Commission on Environmental Quality formally approved the permit in September after responding to comments from residents. City officials believe the commission executive director's response to public comments did not "adequately address" concerns voiced by those in opposition, Mayor Mattie Parker said in a statement to the Report.
"We will file a response through the TCEQ's administrative process and continue to advocate for what is best for our community," said Parker.
An assistant city attorney filed the formal protest Oct. 16, the last possible day for the city and other concerned parties to challenge the agency's decision. The motion argues that the environmental agency neglected to address the public's concerns in its response to comments and did not file that response in a timely manner.
The city attorney's office also argues the state agency's air quality analysis — used to ensure a concrete batch plant is protective of the environment — relies on inadequate and outdated data that does not take the public's health and safety into consideration. Five members of the public also filed motions between Oct. 7-11 to overturn the TCEQ's decision, according to the city's petition.
Alongside Parker, Fort Worth City Council member Alan Blaylock, who represents north Fort Worth, said the commission failed to address legitimate concerns raised by him, other city leaders and residents. Fort Worth officials will continue spearheading the opposition to ensure concerns are thoroughly reviewed and addressed by the state environmental agency, said Blaylock.
Concerns over the batch plant were first made known to the TCEQ at an April 15 meeting at Timber Creek High School. Concerns voiced by residents include how pollutants produced by the concrete plant would impact students at a future Northwest ISD high school campus planned nearby.
"I just want people who pass any of these things to imagine that's where they live," Jean McTaggart told the Report in April.
Blaylock was joined by Parker, state Rep. Nate Schatzline, R-Fort Worth, and dozens of residents in asking environmental regulators to block the air quality permit issued to TOR Texas LLC, also known as The Organic Recycler.
"I urge TCEQ not to approve this, but to look for another location where our children are safer and where we can reestablish a good relationship with this business, with this industry to make sure that the next generation is not at risk, that our livelihood is not at risk," Schatzline said at the meeting.
The batch plant would be constructed at 13001 Old Denton Road, where TOR Texas currently operates its landscaping material business. Tim Sansone, managing partner at TOR Texas, declined to comment on the opposition to the batch plant.
Sansone argued in April that it was "very challenging" to find a potential site already zoned for concrete production and an appropriate distance from homes. The Old Denton Road site was the best option, he said.
The site already features equipment to prevent pollution, including bunker walls, paved roads and watering devices to keep dust down, Sansone told residents. TOR Texas will follow all state regulations to protect residents and Sansone's employees from health concerns, he said.
The case has already prompted policy change. In June, following a request from Blaylock, the city's zoning commission made adjustments for where permanent concrete batch plants can be built in Fort Worth.
Before the adjustments were approved, the plants were allowed on property zoned as heavy industrial development. Now, the city requires applicants to obtain a conditional use permit before building a batch plant in heavy industrial, medium industrial and light industrial zoned properties.
These regulations were made to address the public's concerns over concrete plant operations, Blaylock said in a statement. The regulations now prohibit plants — either by right or by permit — to break ground in neighborhood or commercial districts.
"My top priority has always been, and remains, to advocate for the best interests of Fort Worth, with a particular focus on protecting our neighborhoods," he said in the statement.
A spokesperson for the TCEQ said the agency cannot deny authorization of a plant if an application meets all applicable statutes, rules and regulations.
"In addition, staff (executive director) considered and responded to all the comments received during the public comment period before any final decision was made," an agency spokesperson said in a statement.
The city's motion will be reviewed by each Texas Commission on Environmental Quality commissioner, who are appointed by the governor. The item could then be placed on an agenda for consideration, the spokesperson said. The motion can be overruled if the commission does not act on it within 45 days from when the agency's executive director mailed the submission.
The period of time for consideration can be extended up to 90 days. Should the applicant want to challenge the outcome of the motion, they can appeal the decision to a state district court.
Nicole Lopez is the environmental reporter for the Fort Worth Report. at
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