WASKOM – As McBride Operating advocates to renew a previously denied state permit for its Waskom oil and gas waste disposal facility, the city of Waskom is one of more than 60 protesters against the application. Members of the Waskom City Council say they support the permit – if the company obeys Texas Railroad Commission guidelines.

McBride has a July 31 prehearing conference with the commission to appeal its February denial of the permit.

Protesters have raised concerns about the potential threat of groundwater contamination and repeated violations by McBride.

“I don’t want to deny (a permit) if …you know…. if they’re in full compliance,” Waskom Mayor Keith Slone said during a recent council meeting.

McBride sent inquiries to protesters asking their reasons for the protests.

“Salt water is a problem…we have to get rid of it or the economic impact of oil and gas comes to a screeching halt,” Stone said. “But, do it in compliance with the way the Railroad Commission says to do it.

“We said … there’s no need to pull their permit if they’re operating in compliance with what the Railroad Commission has laid out in the guidelines for health and safety of the environment, right?” Slone asked.

“Sounds good to me,” Mayor Pro Tem Jesse Moore replied.

The Waskom council appointed attorney Josh Maness, who also is the city’s municipal judge, to represent the city in matters related to the McBride permit.

“That appeal hearing is now coming up,” Maness said. “And if any party had protested that application before it was denied, then they have a proverbial seat at the table if they had standing to come to the hearing and state their piece. Prior to that, McBride’s lawyers sent the city a list of questions. I’m here to talk to the city commission about these questions and what the city’s position is.”

In a letter sent to Kristi Reeve, administrative law judge for the Texas Railroad Commission’s Hearings Division, attorneys representing McBride noted the more than 60 protests that have been filed.

“McBride has served discovery on all of the putative protestants, seeking to determine the factual basis for protesting and potential standing or lack thereof,” McBride attorney John Hicks wrote in the letter.

Hicks said McBride intends to file a motion to dismiss many of the protests at the July 31 prehearing conference.

“Due to the currently very long list of putative protestants, McBride respectfully requests

that it be allowed to schedule the hearing dates after the ruling on the motion to dismiss, which

will identify any remaining protestants,” Hicks wrote. “This request is made for the sake of administrative efficiency and to best address the needs of any parties deemed to have standing.

“Specifically, once the remaining protestants, if any, have been determined, the parties will be able to reasonably and efficiently confer among themselves on the number of witnesses and the

expected time needed for direct examination, cross-examination, and rebuttal for each witness,

and determine how many days will be needed for the hearing on the merits.”

Among the 60-plus protesters include Waskom property owner Jerry Cargill, who spearheaded the protests; former Harrison County Judge Richard Anderson; former Marshall Mayor Ed Smith of Smith Resources LLC; Ron Munden of the Waskom Rural Water Board; Jimmy Cox with the Waskom Chamber of Commerce; Kerl Nathaniel with Wiley University, and Moore, the Waskom mayor pro tem.

During the Waskom council’s recent discussion, members noted two of the city’s six water wells are within a 1-mile radius of McBride’s facility. The wells are on non city-owned property under an easement agreement with the landowner.

Council members agreed they were primarily concerned with the potential for groundwater contamination.

The city learned of alleged permit violations through a presentation from Cargill, the property owner, who initially filed a grievance with the Texas Railroad Commission.

McBride’s five-year permit was first issued in July 2019. Operations at the facility began in February 2020.

“Since the McBride Waskom facility was permitted, the operator of this facility has demonstrated a history of multiple unauthorized alterations to the physical facilities and waste management operations that have made it impossible for RRC staff to assess current permit compliance or to ensure the protection of freshwater resources,” the Texas Railroad Commission wrote in a February letter denying a renewal of McBride’s permit. “Staff concludes the piece-meal addition of features to the facility also complicates McBride’s ability to effectively manage and control contact and non-contact stormwater runoff.

“Staff requested McBride include in its renewal application several waste management units on the property that had been built and were in operation without commission authority and to address associated contact and non-contact stormwater management concerns. However, after several meetings and a series of requests for additional letters, staff concluded that the amendment and renewal permit application cannot be approved.”

Since the denial, McBride has said it is working diligently to regain its permit.

“The work (the Texas Railroad Commission does) for our state is invaluable, and as soon as we received their guidance, we further tightened our practices based on the report and look forward to getting the permit approved,” McBride owner Joe Ed McBride previously said.