Dust Left Unsettled in Controversial Quarry’s Case Hearing

Residents attend the contested case hearing for a new quarry

The contested case hearing against Vulcan Materials Company concluded last Tuesday, June 11. The hearing allowed for residents of Comal County, along with organizations like Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek, to show their opposition of the proposed site for a new rock quarry, and make their cases for why the Texas Commission on Environmental Quality (TCEQ) should not approve Vulcan’s permit. In addition to the risk of severe health effects from the dust from quarry operations, the site would threaten endangered species and the Edward’s Aquifer.

At the hearing residents submitted a core sample, taken from their own property and tested by certified laboratory WJE Associates. Their sample, taken just feet away from one of Vulcan’s sampling sites, was accepted by the State Office of Administrative Hearings Law Judge Rebecca Smith and admitted into evidence. The sample stands to serve as a contrast to Vulcan’s singular sample entered into evidence for air pollution monitoring

David Drewa, Director of Communications for Stop 3009 Vulcan Quarry commented: “The fact that Vulcan tested 41 core samples for economic reasons, but only presented a single, cherry-picked sample for pollution modeling is revealing: generating revenue is apparently far more important than protecting the health of nearby residents.”

The core sample submitted by Comal County residents, who would be neighbors to the proposed Vulcan quarry, contained crystalline silica in concentrations five times higher than the sample admitted by Vulcan. Exposure to airborne crystalline silica can lead to silicosis, a sometimes fatal lung disease, as well as increase the risk of developing certain cancers and respiratory diseases

John-Song Lee, a toxicologist for the TCEQ, stated that health effects such as silicosis are a direct result of quarrying operations. Despite this, TCEQ will only consider the impact of air pollution from the rock crusher when issuing a permit. 

All parties now have until early July to submit closing arguments and the judge plans to render a decision by September 3, 2019. Stop 3009 Vulcan Quarry and Friends of Dry Comal Creek believe that the permit as written does not contain adequate protections for the environment or for the health of nearby residents. The organizations are confident that after the hearing’s conclusion, Law Judge Rebecca Smith will rule with them. 

For more information of the Vulcan 3009 Quarry and to stay up to date with recent developments visit https://www.stop3009vulcanquarry.com.