Open Letter to Ellis County Commissioners and Judge

Please review my letter below with hard facts of misinformation, obvious air and water pollution above safe levels, TCEQ violations, and continued lack of safety measures.

After reviewing my letter, please tell me why you are not doing more to hold Magnablend accountable for the accident, why the Commissioners' Court approved removing the deed restriction that would have prevented Magnablend (requiring a TCEQ permit) from operating on the SSC property, and why you are not publicly opposing Magnablend's attempt at building on the SSC property?

I cannot forgive the Commissioners' Court for removing the deed restriction, but I do understand how the county's hands are now somewhat legally tied preventing the county to halt Magnablend's relocation/expansion efforts.

However, that does not prevent you from publicly admonishing Magnablend for wanting to build next to a dairy farm that distributes milk nationally, near agriculture, in a residential area, and on a road that was never intended for the hauling of heavy trucks filled with toxic and hazardous chemicals.

Public statements by you saying that you do not think Magnablend should proceed and that you agree with residents that they do not belong at the SSC facility may have a significant impact on Magnablend's decision. Failure to do this reinforces the public's opinion that you are doing what you can to help Magnablend build at the SSC facility.

Magnablend provided Waxahachie Chief David Hudgins MSDS forms for 92 chemicals, which can be verified with Mr. Hudgins and printed in the Waxahachie Daily Light. (Reference 1)

MSDS forms were not included for some of the chemicals listed on Magnablend's Tier II report. (Reference 2, beginning at page 27)

On Oct. 5, 2011, NBC quoted Mr. Pendery saying "we have about 200 different raw materials that are in our facility." (Reference 3)

What are the other 98 or so chemicals?

Despite claims that air quality was safe, particulate matter 2.5 microns and smaller were EXTREMELY high at some testing locations at various times. (Reference 4)

Despite claims that water was safe, EPA water test results show acute level exceedances of heavy metals and trimethylbenzene. This does not show chronic level exceedances, which are much lower than acute levels. (References 5, 6, 7)

An EPA document states "Mr. Golden (plant manager) stated that products produced by all of the Magnablend facilities were 80% for agriculture, 18 percent for the oil and gas industry and 2 percent for the water treatment industry." Note "ALL OF THE MAGNABLEND FACILITIES" - 80% agriculture. (Reference 8, page 2)

The document also says "Mr. Golden stated that products produced at the Central Plant were 80 percent for agriculture and 20 percent for the oil and gas industry." Note "CENTRAL PLANT" - 80% agriculture. (Reference 8, page 6)

The story changed on October 4, 2011 when Magnablend CEO Scott Pendery told the media "Company-wide, we're probably in the 80 percentile with the oil and gas industry, and then the balance is the agriculture industry." Note "COMPANY-WIDE" - 80% oil and gas. (Reference 9)

Lies from day one. Day one the story was was 80% agriculture; day two the story became 80% oil and gas.

The TCEQ cited the Magnablend Powder Plant on Dec. 13, 2011 for not operating a dust collector and noted visible emmissions. Not only do these emissions emit hazardous chemicals into the atmosphere, combustible dust is a huge concern and can create an entire plant explosion. (Reference 10, page 3)

The TCEQ cited the Magnablend Powder Plant on Dec. 13, 2011 for emitting chemicals not approved by TCEQ regulations. This is a serious concern since this violation was against TCEQ regulations and not simply a violation of an air permit. (Reference 10, page 3)

The TCEQ cited the Magnablend Powder Plant on Dec. 13, 2011 for emitting chemicals not approved by their existing air permit. (Reference 10, page 4)

Magnablend failed to contain contaminated water on Jan. 25, 2012, thus releasing an unknown amount of contaminated water into creeks and streams that feed into Lake Bardwell, which is a source of drinking water for the City of Ennis and Waxahachie. (Reference 11)

Waxahachie Fire Chief David Hudgins was quoted “By the time it gets to the creek, it has been diluted by the rain, which is not a bad thing because it is being done naturally.” (Reference 11)

Waxahachie City Manager Paul Stevens was quoted “That creek does go to Lake Bardwell, so we will definitely be keeping an eye on how this situation continues to develop,” Stevens said. “But at this point, we feel like the dilution from the rainwater is one way Mother Nature is helping us out.” (Reference 11)

I don't know who in their right mind thinks that contaminated water reaching our streams and public drinking water source "is not a bad thing" or "is helping us out."

The TCEQ required Magnablend to contain contaminated water, test it, and dispose of it for a reason. If it was okay to release into the streams for dilution, then the TCEQ would have approved that long ago. In addition, the TCEQ was requiring Magnablend to remove inches of soil from the ponds once they were pumped out, which further stresses the importance of containment and remediation rather than disposal directly into our public waters.

We have already witnessed the first stages of environmental impact with the death of approximately 1,800 fish. It doesn't matter if they died from chemical toxicity or the claim that the chemicals created algae growth thus removing oxygen from the pond. The fact is that the death of these fish was a direct result of chemicals from Magnablend entering their habitat.

Many residents have been reporting health complaints they believe are related to the Oct. 3, 2011 fire. However, they are being dismissed by Magnablend and ignored by our government officials. Residents are being told to go to their doctor and that's it. There is no doubt that the at-risk population has experienced health problems, but they are being ignored. This can't be ignored any longer.

These hard facts cannot be ignored and should open your eyes to the serious concerns that residents have and the community faces. Residents of this community are outraged and that anger continues to build daily.

I agree that Magnablend may have been a good neighbor for the past 32 years, but that was under David and Darlene Pendery's leadership. They both retired in 2011. Control of Magnablend then went to Scott Pendery and three venture capital firms (TGF Management Corp, Cotton Creek Capital, and Austin Ventures) on May 31, 2011.

In approximately four months under Scott Pendery's leadership, Magnablend suffered a catastrophic accident that has impacted our entire community. He has destroyed a good 32-year reputation not only with the accident (accidents are understood and can be forgiven), but with his arrogant attitude toward the community, lack of a speedier clean-up effort, dismissal of health reports (by associating it to a psychological response to smell), lies that he has told the community from day one, ability to dodge questions with salesman-tactic responses, failure to prevent additional health and environmental hazards still stemming from the Oct. 3, 2011 fire, his false portrayal in the media that residents are comfortable with the move to the SSC property, and his insistance of invading a neighborhood that has made it very clear they do not want him there.

Scott Pendery's actions prove that he is more concerned about revenue, profits, and greed than he is about the community. His failures since taking control of Magnablend also show his lack of ability to run Magnablend safely.

I beg of you to take this all into consideration and join residents on trying to do the right thing for this community.

For the sake of our trust in local government, help unite this community instead of turning your back on us and contributing to the growing anger.

For the sake of the safety and health of this community, our children's future, and maintaining the quality of life we are accustomed to in Ellis County, I ask that you listen to your conscious and do the right thing for the sake of us all.

You only have one chance to get this right or we all suffer.

Reference 1: http://www.waxahachietx.com/news/waxahachie/magnablend-chemically-speaking/article_ba32045e-05b4-11e1-8989-001cc4c03286.html

Reference 2: http://cbsdallas.files.wordpress.com/2011/10/magnablend-tier-2-reports-all-facilities.pdf

Reference 3: http://www.nbcdfw.com/news/local/Water-Runoff-Biggest-Problem-After-Chemical-Fire-131056128.html

Reference 4: http://ellisrtk.com/index.php/magnablend-fire-2011/magnablend-documents/viewcategory/10-raw-equipment-data

Reference 5: http://www.epaosc.org/sites/7331/files/Magnablend_Summary_20111010%20R2.pdf

Reference 6: http://www.epaosc.org/sites/7331/files/Water_1104032%20FINAL%202.pdf

Reference 7: http://www.epaosc.org/sites/7331/files/Pest_1104032_1110038%20FINAL.pdf

Reference 8: http://ellisrtk.com/jdownloads/Magnablend/EPA%20Documents/20111018_epa_compliance_assistance_report.pdf

Reference 9: http://www.wfaa.com/news/​investigates/​Charred-chemical-plant-used-mai​nly-to-blend-fracking-chemical​s-131113703.html

Reference 10: http://ellisrtk.com/jdownloads/Magnablend/TCEQ%20Documents/Waxahachie%20TX%20-%20Powder%20Facility%20-%20Investigations/Investigation%20964779/investigation_964779.pdf

Reference 11: http://www.waxahachietx.com/news/waxahachie/rain-washes-cleanup-effort/article_66fa801c-47c3-11e1-997f-0019bb2963f4.html

Sincerely,

Dave Vance
Waxahachie, TX

Details

Created on Thursday, 26 January 2012 09:48

Parent Category: Magnablend Fire 2011

Category: Magnablend Community Action

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Comments

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roger gibson (01.27.2012 (11:43:49))

Waxahachie Fire Chief Great article, Dave

With the present reasoning of WFC, Waxahachie could corner the market on Hazardous Liquid Waste Disposal into the local creeks. Could draw hazardous chemicals from all over Texas. How the chemicals now flowing into Bardwell are any less because of the volume of water mixed makes any less chemicals, does not work. Now, Bardwell water is contaminated. Fish will be floating to the surface soon. Surely Waxahachie will not pump any more water from Bardwell to Lake Waxahachie when LW gets too low. Do not know if Bardwell is Ennis' primary water supply or if Ennis just pumps from Bardwell when their primary source is low.

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