The Battle Against Asphalt Inc. in Marble Falls.

CLICK HERE FOR UPDATE – April 24, 2018

The Legal Teams Involved

Oversight by the Office of the Attorney General : Environmental Protection Division

On Behalf of The City of Marble Falls, Grant Dean (TEPC), and Marble Falls 300 L.P.
     Max Renea Hicks
     Sledge Law Group
     Patricia Akers,
     Marble Falls City Attorney

vs.

On Behalf of The TCEQ & Asphalt, INC.
     Sanderford & Carroll, P.C.
     Winstead, P.C.

The Fight So Far
1. Filed for 6 individual declaratory judgements that the authorizations of standard permits are illegal and violates numerous aspects of the Texas Constitution, Texas Clean Air Act, and the Federal Clean Air Act.
2. Requested that TCEQ rescind both the permit & application on November 30, 2017 for Asphalt Inc’s Marble Falls Rock Crushing Plant, and the Standard Permit itself that became effective July 31, 2008.
3. Requested an injunction against the TCEQ has barring it from issuing any further standard permits until TCEQ has developed a new standard permit consistent with existing laws.
4. Requested a temporary and permanent injunction prohibiting the permit awarded to Asphalt Inc. on November 30, 2017.

Facts About Our Fight
1. Our lawsuit challenges not only the TCEQ Agency but each of the Commissioners and the Executive Director in the authorization of Asphalt Inc’s Standard Permit.
2. When the Texas Legislature adopted the “Standard Permit” in 2008 it did not give TCEQ “Carte Blanche” authority to issue permits to new facilities.
3. The authorization to TCEQ in 2008 for issuing standard permits was conditional and actually tried to remove “public participation in the rule making process” allowed by Texas Government code.
4. In 2008 and since, the TCEQ took it upon themselves to not follow the full Texas Administrative Procedures Act (APA) process allowing for public involvement.
5. The present “TCEQ Air Quality Standard Permit for Permanent Rock and Concrete Crushers” became effective July 31, 2008, and has not been addressed since.
6. Asphalt Inc’s Permit #148112 for its proposed Marble Falls plant was not on the drawing board in 2008, so the City of Marble Falls and our community had no reason to comment, or oppose the Standard Permit process when it was adopted in 2008 without our knowledge or approval.
7. Permit Application #148112 did not bear the signature of a Registered Texas Professional Engineer which was a requirement under TCEQ guidelines.
8. The proposed Asphalt’s Inc. facility is located directly in the center of our Communities Future Growth and almost across the street from our new hospital, and would very negatively affect our communities air quality with dust laden contaminants including Crystalline Silica since we are already inundated with harmful contaminates from the 17 rock crushing facilities in existence in Burnet County.
9. Asphalt Inc’s proposal site is within the City of Marble Fall’s E.T.J. and City Limits, which by State law requires the TCEQ to give the City of Marble Falls “maximum consideration” concerning the ramifications concerning the authorization of this permit. No consideration whatsoever was given.
10. The approval of the Asphalt Inc’s permit application was not based on any facts or circumstances provided by Asphalts Inc., only by the documentation provided by Asphalt Inc. with no requirements for proof of their submittals.
11. Although TCEQ regulations specifically require that any plant of this type, with capital cost of more than $2,000,000 requires the proposed plant to receive the Seal of a registered Texas Professional Engineer. Regardless that it is public knowledge that Asphalt Inc’s proposed plant far exceeds the $2,000,000 threshold, the TCEQ did not require Asphalt Inc. to document its Capital Costs which is a direct violation of its own rules and state codes.
12. Although the legal process for authorization of the Standard Permit is by no means precise or clear, we believe there are provisions present that do allow for review and contested hearings involving permits of this sort. Hence forth are the reasons for the filing 5 separate “Motions to Overturn” this permit with TCEQ, and the lawsuit filed in District Court in Travis County.
13. We believe that the TCEQ standard permit is unenforceable, that they cannot adequately monitor compliance, and does not require Asphalt Inc. to utilize the control technology that is needed to protect our environment.
14. We believe that the TCEQ has not properly evaluated particulate emissions according to the standards required by the Environmental Protection Agency.