Commissioners to seek biosolids disaster declaration from Abbott
The Johnson County Commissioners Court plan to request a resolution calling upon Gov. Greg Abbott to declare an emergency in Johnson County during a Feb. 11 called meeting.
More specifically, commissioners hope Abbott will declare an emergency in relation to the application of Biosolids containing PFAS chemicals within Johnson County.
The commissioners will meet at 2 p.m. Feb. 11 in the Johnson County Courthouse, 2 N. Main St. in Cleburne.
Such a declaration is needed in order for affected county landowners to seek possible federal aid, County Judge Chris Boedeker and Commissioner Larry Woolley said.
“We’ve had communications with the USDA and the only way for our residents that have been impacted by this to be eligible for possible federal aid is if the governor declares and emergency,” Boedeker said. “So that’s the driving force. If there’s potential USDA grant money that could cover some of the damages they’ve suffered that would be really impactful. I think we’ve got one or two producers in the county that have more or less been put out of business by this.”
Woolley characterized the request as a huge and unprecedented move on the county’s part.
“Whether it happens or not the governor will have to decide if he’s going to grant it or not,” Woolley said. “But if we don’t ask, we’re certainly not going to get it.”
Commissioners have previously requested such disaster declarations from the governor following natural disasters such as tornados or floods.
“There was something similar to this in Clovis, New Mexico where they had PFAS contamination and the federal government came in and paid for the euthanization of 4,000 head of cattle,” Woolley said.
Boedeker reiterated the need for such a declaration.
“It has to come from the governor for the federal government to get involved,” Boedeker said. “And that’s what we’re asking, that Greg Abbott declare an emergency or disaster for our agricultural producers.
A county investigation and study conducted last year uncovered the presence and dangers of PFAS chemicals within Johnson County.
Biosolids consisting of PFAS chemicals, also known as per-and polyflouroalkyl substances, are man made chemicals used in the manufacture of and/or present in numerous household and industrial products. Many such chemicals did not exist in 1993 when the EPA instituted rules regulating the application of biosolids to land.
PFAS are also known as forever chemicals and all are toxic.
Results of the county’s study unveiled large amounts of biosolids courtesy of sewage waste land applied as fertilizer to a property near Grandview. The investigation revealed the spread of such biosolids to surrounding properties.
“Doctors, laboratory technicians, scientists and other professionals retained by Johnson County have determined that the biosolids originating at the city of Fort Worth’s wastewater treatment plant and being spread in Johnson County as a fertilizer product are contaminated with PFAS at unsafe levels,” according to the court’s findings.
PFAS from the biosolids in question have contaminated soil, groundwater, surface water, fish and animal tissue in Johnson County, according to the findings.
Affected county landowners have since filed suits related to PFAS contamination. The county sued the EPA over the matter while Texas Attorney General Ken Paxton sued DuPont and 3M alleging PFAS deception and risks. Those suits remain pending.
State Rep. Helen Kerwin, R-Granbury, and state Sen. Kevin Sparks, R-Midland, recently filed bills addressing PFAS contamination in the state House and Senate.
The bills, if passed, will require testing for PFAS presence in products and set limits on how much can be disposed of or land applied.