Sunday, May 5, 2024
County Attorney Matt Mills has filed a lawsuit against Republican Party Chair-elect Steve Biggers for allegedly violating septic system regulations and encouraging others to do so as well.
The county’s suit seeks injunctive relief and to recoup costs associated with taking Biggers to district court.
The county’s petition alleges that the on-site sewage disposal system at Biggers’ home off Highway 51 near Abe’s Landing is not being maintained in accordance with county regulations that were adopted on Feb. 25, 2014, and approved by the Texas Commission on Environmental Quality.
Specifically, the suit claims that Biggers is in violation of a requirement to either have a maintenance contract with a licensed provider or carry a maintenance provider license.
The petition also states that Biggers “is hosting classes and encouraging homeowners to violate Section 10(C) of Hood County’s regulations,” which pertain to ongoing maintenance for on-site sewage facilities.
Biggers denies any wrongdoing.
The suit filed with the district clerk includes an affidavit from Environmental Health Director Jeannie Stacks, whose office is responsible for enforcing provisions in the Texas Health and Safety Code regarding on-site sewage facilities.
Her affidavit states, in part, that Biggers “has been in violation of Section 10(C) of these regulations for approximately three years by not having a licensed maintenance provider performing ongoing maintenance on his on-site sewage facility. This despite the Defendant’s affidavit filed with the county clerk’s office on June 3, 2016, stating the Defendant will keep a maintenance contract.”
Biggers has been vocal, both in Commissioners Court and on social media, about his views that property owners who are properly trained should be able to maintain their own aerobic septic systems without having to contract with a third party.
Stacks’ affidavit notes, “The Defendant has openly stated that he will not get a maintenance contract, despite the commissioners court twice refusing to change the regulations since 2020. The Defendant is also hosting classes and encouraging others to violate Hood County’s regulations.”
Members of the Commissioners Court have noted possible serious consequences with TCEQ if improperly maintained onsite septic systems impact Lake Granbury.
A copy of a May 8 online promotion for Biggers’ daylong septic system training class for homeowners was filed with the petition. One such class is scheduled for Saturday, June 11. Cost is $150 per person and the class is limited to 20, the promotion stated.
“BE CONTRACT FREE AND STOP THE EXTORTION,” the ad reads.
Biggers provided a written statement to the Hood County News about the county’s lawsuit.
"From 2016 to 2019 I paid for a 3rd party septic maintenance contract and during that time became familiar with my system and got trained through a Texas A&M program,” he wrote. “In 2019 notified the county Environmental director, submitted my training information and it was accepted. Have been testing & reporting every quarter for 3 years. Now only when I am an elected person has this become an issue. Seems like political retaliation."
Biggers was elected Hood County Republican party chair in the March primary. He will take over from David Fischer on June 13.
CIVIL VS. CRIMINAL
In response to an inquiry from the Hood County News as to whether violations of the Texas Health and Safety Code and the county’s TCEQ-approved regulations are subject to civil rather than criminal actions, Mills provided this statement via email:
“The answer to that is a bit complex, and the injunction route was the most straightforward and equitable remedy I found. Under Texas Health and Safety Code 366.092, I can file for an injunction and also seek civil penalties. But really I'm just seeking compliance. If we wanted to pursue it as a criminal matter, the penalties are a little unclear, and I wasn't able to get any help from the TCEQ to clarify it. So the injunction seemed the best route.”
He continued, “Our local order doesn't specifically reference a penalty. The Water Code 7.052 mentions various penalties for violations of H&S Code 366, including up to $5,000 per day. However, H&S Code 366.0515(g) says at the bottom: ‘Notwithstanding Section 7.052, Water Code, the amount of the penalty may not exceed $100.’ Our local order references the Texas Administrative Code 285, and 285.70 and 285.71 are titled ‘enforcement.’ But neither specifies a penalty.”
Mills said that 355th District Judge Bryan Bufkin has recused himself from the case. He said that retired District Judge Ralph Walton will serve as a visiting judge and will hear the case at 9 a.m. on Friday, June 10.
UPDATE: According to County Attorney Matt Mills, Biggers has filed for a continuance. At the time this addendum was posted, the request had neither been granted nor denied.
