February 13, 2025 - The Shelby County Commissioners heard an update from Terry Allen on February 5, 2025 regarding the Texas Railroad Commission’s decision to permit the Paxton Waste Disposal site.
Allen explained that after five-and-a-half years of protesting the permit, the Texas Railroad Commission voted to approve that permit on January 29, 2025. It was a two-to-one vote with Wayne Christian and Jim Wright voting in favor of McBride Operating being granted the permit and Chairman Christi Craddick, voted against.
“The commissioners were made well aware of, McBride Operating’s compliance record. He has a very questionable compliance record,” said Allen. “He's a rogue operator. He's contaminated both groundwater reservoirs where he currently has facilities. They're contaminated with chlorides that have turned the consistency of groundwater into basically seawater. It's newest facility in Washington that's been operating for about five-and-a-half years is contaminated with benzene levels that's over 11,000 times the water quality drinking standards of Texas.”
Allen referred to the classification of Benzene as being a highly carcinogenic chemical. He also talked about advertisements targeting those who lived at Camp Lejeune from the 1950s to the 1980s who were potentially exposed to several chemicals, including benzene from leaking underground fuel tanks contaminating drinking water.
According to Allen, the contamination level at Camp Lejeune was 189 times above water quality drinking standards.
The Railroad Commission held two hearings that totaled 12-and-a-half days, explained Allen. He said that prior to the item moving to the hearings, the Permitting Division looked at the application, and according to Allen, they recommended denial.
“The 12-and-a-half days of hearing was heard by a total of six examiners comprised of scientists, one engineer with a Ph.D., a geologist, and attorneys,” said Allen. “Every expert in the Railroad Commission that looked at it had unanimous recommendation to deny this permit based on the site's suitability. Some of the many reasons it was recommended to be denied was the soil type. It was too great a slope of the property, shallow groundwater within four feet of the surface. It's an outcrop of the Carrizo Wilcox aquifer. It's a wetland located on it, there’s a creek located on it, and the close proximity to Paxton Water Supply is located within 1,200 feet of this facility.”
Allen said the Paxton Water Supply has about 650 families which it serves.
According to Allen, the facility will consist of four cells, each one of them piled 60 feet tall once each cell is completed. He said it will consist of solid waste oil fill that is brought from drilling companies that perform fracking.
“In the nature of performing their fracking and the drilling, these wastes become radioactive,” said Allen. “When these tall mounds are piled up, the wind will carry the dust for miles and it will contaminate the soil and surface water and eventually the groundwater wherever it lands. There are going to be four of these cells and each one of these cells will be allowed to leak before it exceeds the permit requirement of 1,000 gallons a day.”
Allen explained that McBride Operating will be responsible for recording any leaks. According to Allen, after the cells are filled they will be covered with a membrane and two feet of topsoil placed on top of the membrane.
“McBride will be monitoring that site for five years once it’s completely filled. After five years, that site is abandoned, nobody checks on it. I guess we're just on our own after five years,” said Allen.
Allen commented that most people in Shelby County are aware of the prevalence of feral hogs, coyotes, and armadillos as well as the commonality of Pine Tree and Tallow tree roots in the area, which he expects will be penetrating that membrane and allowing toxic chemicals to leach out onto the soil and the groundwater.
“I would like to invite Wayne Christian to a public meeting to explain his reasoning to approve this permit and go on against every expert in the railroad commission that looked at this permit. I'd like to know what his background is that gives him the ability to make an informed decision like this,” said Allen. “I’d also like to know why he changed his mind after he told me on more than one occasion that I didn't have to worry about his vote, but he was just one vote. I'd really like to know what changed his mind.”
Allen described another issue the Railroad Commission approved in December, 2024, called Rule Eight which included revisions to environmental and water protection regulations. (Click here to read Rule Eight)(Click here to read RRC Summary of Rule Eight.)
“Rule eight has to do with, one of the portions has to do with waste pit disposal when wells are being drilled. This rule hasn’t been changed in 40 years and it was before fracking was invented. When fracking was invented, it [exponentially] increased the waste that's produced from the drilling of these wells.
According to Allen, the rule change will have a major impact on the rights of landowners in Texas
“Prior to the rule change, when the oil and gas companies would drill wells they dug a waste pit and lined it with plastic and once it was completed, the chemicals which consisted of hydraulic fluid, proprietary chemicals that the companies don't have to list, diesel fluid,” said Allen. “if anybody’s seen one, it’s not very sanitary, they have to haul it off to a disposal site like McBride’s just been granted a permit for here in Shelby County. With this new rule change, the Railroad Commission took way, millions of Texas landowners rights, regarding their own property. They changed it to where these oil and gas companies do not have to ask permission from the landowner to bury those chemicals on their property.”
Allen alleges companies could bury chemicals, leave them, and not even line the pits in addition to there not being permitting on the record where these pits are located.
“In my opinion, it's just going to lead to a environmental disaster when they do start leeching out, but it's been kept pretty quiet, had I not been involved with this protest with McBride Operating, I wouldn't have known about it,” said Allen.
He urged everyone to contact their legislators, and to encourage them to get some laws passed to reverse the decision by the Railroad Commissioners.
Allen stated he would be writing Wayne Christian a letter requesting he attend a public forum, possibly even the Commissioners’ Court, to explain the recent changes and the permitting of the facility in Paxton.
The commissioners and Josh Tipton, Constable Precinct 5, discussed the possibility of acquiring a new vehicle for the constable’s office.
The commissioners allowed the hire of John Pope as deputy constable to Precinct 5 on March 20, 2024, and since then, the vehicle he has been utilizing was a used vehicle from the DeSoto Parish Sheriff’s Department. Conversation over what path to take on a new vehicle was for the deputy constable ranged from whether or not they would get a vehicle, where it would come from, to if the county would continue on with the constable having a deputy, which is made possible through an interlocal agreement between the city of Timpson and Shelby County.
After almost an hour of discussion over the issue, Commissioner Tom Bellmyer moved for the constables to go look at a particular vehicle that was being considered and get information on it and bring that information back for the commissioners to consider. The motion was seconded by Commissioner Stevie Smith and it carried.
The commissioners discussed obtaining temporary and permanent easements and determining compensation to be paid for a resident in Precinct 3 in order to build a new bridge on a county road.
“This is one of these bridge projects from the Texas Highway Department. This one is in Commissioner Smith's Precinct. The bridge, I believe, has been basically, is sort of condemned,” said John Price, County Attorney.
Price explained that the state is paying for the cost; however, the county is required to acquire the temporary easements.
“In this instance, the project requires not only obtaining temporary easements, but it is the county's obligation. While the state's paying for the entirety of the cost of the bridge and the placement of the bridge, all the work and everything, we as the county have to acquire property,” said Price.
Price stated the county is acquiring the portion of property adjoining County Road 3689 and the negotiations have been ongoing for some time with the property owner.
“The recommendation is that the acquisition of that property be acquired for a sum of $2,000. Those properties will become part of the county's permanent easement. In other words, the road is just going to be a much wider existing road there,” said Price.
Price said Mrs. Sue Walker is ready to sign the easements once approved by the commission as a whole. He also explained the removal of some of her trees would be necessary.
Commissioner Stevie Smith moved to move forward and obtain the temporary and permanent easements for the sum of $2,000. Commissioner Roscoe McSwain seconded the motion. The motion carried.
Clint Porterfield, County Auditor, recommended paying the expense out of Fund 54.
The commissioners considered the 2025 Inmate Housing agreement with Panola County and County Judge Allison Harbison wanted to remark for the record that there are no inmates currently being housed at the time of the meeting in Panola County.
The rate for housing inmates in Panola County was an increase from $50 a day to $54 a day.
“The new jail administrator has been doing a great job at getting people moved around and get them moved out and sent to where they need to go and everything,” said Judge Harbison
Commissioner McSwain moved to approve the 2025 agreement with Panola County for inmate housing, the motion was seconded by Commissioner Tom Bellmyer, and the motion carried.
The commissioners received newly amended by-laws of the Shelby County Historical Commission and Judge Harbison indicated the Texas Historical Commission requires the by-laws to be approved by Commissioners’ Court.
Commissioner McSwain moved to ratify the by-laws, and Commissioner Smith seconded the motion. The motion carried.
In August 2022, the county began seeking a grant for work to be performed on Rosehill Road in Timpson, and it’s now been requested that the county redo the paperwork.
Judge Harbison described the resolution requiring the court to designate the authorized signatories for the 2023 Texas CDBG program grant agreement under CDV23-0261, Rosehill Road.
“This more or less says that that the county judge is the officer authorized to sign on the paperwork and that the designated officials for the funding and to deal with the funds are the treasurer and the county auditor,” said Judge Harbison.
Commissioner Bellmyer moved to adopt the resolution, and the motion was seconded by Commissioner Shannon Metcalf. The motion carried.
Commissioner Metcalf then moved to approve a resolution adopting the required CDBG Civil Rights Policies. The motion was second by Commissioner Smith and it carried.
During Commissioners Court Reports, Judge Harbison remarked that the jail had been inspected recently.
“The jail inspector was there and informed us that we had some paperwork that wasn't quite correct on jailers, and he wrote us up for it. And Ms. [Tiffany] Ryals, the jail administrator, called me yesterday, so excited. She had found all of her correspondence with TCOLE, and it was TCOLE's mistake and not our mistake. So, they have revamped that inspection and they have taken those off as deficiencies,” said Judge Harbison.
Two other potential issued had to do with a fire board and another had to do with having a Tuberculosis plan; however, these issues were part of what was reversed by the inspector.
Judge Harbison expressed appreciation to Ryals and the jail staff.
The meeting adjourned at 11:05am.
Agenda items approved during the meeting include: 1. Pay weekly expenses. 2. Transfer of ownership of (1) Dell Computer Tower and (2) Dell monitors from the DETCOG Regional 9-1-1 Program. 3. Cooperative Forest Road Agreement between County of Shelby and the USDA Forest Service, National Forest & Grasslands in Texas. 4. Discuss and possibly provide a patrol vehicle for the Precinct 5 Deputy Constable. 5. Record Racial Profiling for Shelby Co. Constable Precinct 4. 6. Terry Allen to give a report on the permitting of the Paxton waste disposal site. 7. Obtain temporary and permanent easements and determining compensation to be paid there for a resident in Pct.3 in order to build a new bridge on a county road. 8. 2025 Inmate Housing Agreement with Panola County. 9. Ratify the By-Laws approved by the Shelby County Historical Commission on January 29, 2024. 10. Resolution to designate authorized signatories for the 2023 Texas CDBG program, grant agreement number CDV23-0261. 11. Resolution adopting required CDBG Civil Rights policies. 12. Proclaim April as Fair Housing Month. 13. Adjourn at 11:05am. Agenda items tabled during the meeting include: 1. Cooperative Forest Road Agreement between County of Shelby and the USDA Forest Service, National Forest & Grasslands in Texas.
