Magnablend was cited by the Wyoming Department of Environmental Quality on February 15, 2012 for failure to remove Regulated Asbestos Containing Material (RACM) from the facility, failure to adequately wet RACM during stripping operations, failure to use trained individuals to strip, remove, handle or disturb the regulated asbestos containing waste material and failure to properly dispose of asbestos containing waste material. These violations occured in December 2011.
The notice sent to Magnablend also stated "Normally, the Department and this Division would refer these types of violations to the State Attorney General's Office for recovery of appropirate penalties. However, in this case, I'm issuing this Notice of Violation as a warning and to put you on notice that future violations of the asbestos regulatory requirements will result in enforcement action seeking penalties as settlement."
The Mills Fire Department and Notrona County Fire Protection District were also cited by the Wyoming Department of Environmental Quality. The notice of violation stated that Magnablend permitted the fire departments to conduct training in the warehouse and notified both agencies that floor tile contained asbestos.
According to the notice, the fire departments removed portions of the asbestos floor tile. Magnablend returned after the training and found the floor tile scattered throughout the building. Magnablend employees cleaned up the materials and disposed of the asbestos tiles in a dumpster that went to a landfill as general construction debris rather than to an approved waste disposal site.
It appears that rather than hiring qualified personnel to handle and dispose of asbestos that the company previously knew about, the company chose to ignore established laws and regulations.
OSHA describes the dangers of asbestos: "The inhalation of asbestos fibers by workers can cause serious diseases of the lungs and other organs that may not appear until years after the exposure has occurred. For instance, asbestosis can cause a buildup of scar-like tissue in the lungs and result in loss of lung function that often progresses to disability and death."
In addition the the four violations issued by the Wyoming Department of Environmental Health, Magnablend has experienced violations in Texas at two of its chemical plants.
The Magnablend Central Facility exploded and burned to the ground on October 3, 2011 while releasing an unknown amount of chemicals into the atmosphere and groundwater.
Magnablend was informed of pending enforcement action by the Texas Commission on Environmental Quality on January 27, 2012 for chemical releases into ponds from the destroyed Central Facility that killed over 2,200 fish. The TCEQ document number is 2012-0251-IHW-E.
OSHA cited Magnablend on March 30, 2012 for seven serious violations related to the destroyed Magnablend Central Facility.
The Texas Commission on Environmental Quality currently has an open investigation into the October 2011 fire and is expected to release its final findings and issue any found violations in April 2012.
The Magnablend Powder Facility was cited for three violations by the Texas Commission on Environmental Quality on December 13, 2011.
Magnablend settled civil case number 06-2005-3540 on June 3, 2005 filed by the Environmental Protection Agency for failure to implement a Risk Management Plan containing a hazard assessment, a prevention program, and an emergency response program at the Magnablend Liquid Facility.
The ability of Magnablend CEO Scott Pendery to operate safe facilities continues to be of major concern for residents in Waxahachie and Ellis County.