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State litigation follows years of community reports on local refinery
“I want it to be clear and known that we are absolutely going to hold Darling accountable for every fault.”
— Bastrop Mayor Ishmael Harris
Special to the Courier
Attorney General Ken Paxton has joined Bastrop County officials and community members in calling for a stop to the stink and is targeting Darling Ingredients with litigation.
Paxton last week filed a lawsuit in Travis County against Darling, a rendering factory located between Bastrop and Elgin at 264 FM 2336. Residents in the area say excessive smells coming from the refinery have disrupted daily life for years.
“Texans should not be forced to endure offensive and harmful odors in their own communities, especially when a company is failing to comply with the standards required by law,” Paxton said in a statement.
The lawsuit calls on Darling to stop the spread of noxious odors and gases that permeate the region and affect residents’ quality of life. It requires the plant to reduce hydrogen sulfide gas levels to the allowable range and to adhere to other operating requirements the company is in violation of, according to the Texas Commission on Environmental Quality (TCEQ).
Since May, Darling Ingredients has had more than 1,440 resident complaints filed with the Texas Commission on Environmental Quality. File photo
The TCEQ in December confirmed nuisance odors, unauthorized wastewater discharges and harmful hydrogen sulfide emissions at the plant. More than 1,440 resident complaints against Darling have been filed with the commission since May.
The plant renders chicken carcasses and other organic matter into bone meal, blood meal and other items that can be used as agricultural amendments or pet food ingredients.
Residents living up to 11 miles from the plant report strong smells they associate with fecal matter, burning feathers, boiling blood and decaying animals.
“If my neighbor was outside burning tires, I would actually go over there and thank them because I didn’t have to smell Darling Ingredients anymore,” said Matthew, who lives six miles away from the refinery.
Jillian Fleming, Darling’s director of global communications, told the Courier the company had received Paxton’s petition and will respond through the appropriate legal channels.
“We are committed to being a good neighbor and protecting the health and safety of our employees and the communities where we operate,” she said. “We encourage the local community to visit (darlingii.com/Bastrop) to learn more about our operations and ongoing efforts to address community concerns in the region.”
In Elgin, Councilwoman Joy Casnovsky spearheads Stop The Stink, a grassroots initiative that puts constant pressure on the TCEQ to take action against Darling. Residents are encouraged to file a complaint with the commission every time they experience nuisance odors.
The TCEQ has launched several investigations into the plant, and fined the company $39,375 last year.
Casnovsky said she organized Stop the Stink after Darling was assessed what many said is a minimal fee for a large company with years of reported violations. She said that the number of complaints logged increased dramatically around 2023, without effect.
“They were screaming into the void and nothing was being done,” Casnovsky said. “This group got together and started bringing a lot more pressure to the issue. People started putting their voices behind it and various elected officials finally heard them.”
Bastrop Mayor Ishmael Harris said that since his election in May, he has worked directly with Darling Ingredients to try and solve the problem.
Different to Elgin’s approach, Harris said he hopes that with enough people working on enough fronts, the problem will finally be resolved.
“They’re reporting through the regulatory agencies, I’m going to the front door to talk to everybody in management and addressing it face to face,” he said.
Darling Ingredients responded quickly to a call for a meeting, according to Harris. The company’s regional director and five representatives joined city and county officials, as well as State Rep. Stan Gerdes, within a week.
Harris said the company has been responsive, with more meetings and frequent calls to update Harris on the plant’s progress.
One of the options being explored is an air quality monitoring trailer for independent testing when there are complaints, according to officials. The trailer would also serve to pinpoint where the odors originated and could be used at other development sites if the need arises.
Darling Ingredients operates more than 260 facilities in 15 countries, according to its website. They purchased the Bastrop factory in 2020 from Griffin Industries, who had been operating it since 1987.
Harris said the company assured him other plants they operate do not have the same odor problems as the Bastrop factory, and Darling Ingredients is planning a $40 million upgrade to bring the local plant in line with the standards at other sites they own.
“I want it to be clear and known that we are absolutely going to hold Darling accountable for every fault,” Harris said. “Paxton is entitled to do what he feels he needs to do. And with the way the people of Elgin are taking this on and the way we’re taking it on, I think at the end of the day we’re going to get what we need as far as a clean-running, non-smelling plant.”
