As far as I can tell from the presentation, the new tactic is the use of the Internet. Wowsers! That’s quite an insight!
In the presentation, they specifically mentioned ReduceFlooding.com. I’m sure I anger these people as much as they anger me. I have met with them five times now. None of the meetings resulted in any change of industry practices. Or even a genuine willingness to explore them.
The Boy Scout Connection
In Austin during the last legislative session, a House committee member (evaluating a bill to establish best management practices for the industry) asked whether TACA had engaged with communities they affected. Mr. Rob Van Til (a mine owner and TACA spokesperson) looked at me waiting to testify, and said, “We’d prefer to talk to the Boy Scouts.” And just like that, the bill died in committee.
TACA sees people trying to protect their communities as the enemy. Instead of engaging with “the opposition” and trying to reform damaging mining practices, they rally support among neutral third parties.
How concrete supports Texas’ growth by providing essential infrastructure materials
Why “WeRTexas”
Teacher and school workshops they sponsored
Legislative and staff tours they promoted
Chamber of Commerce mixers
Quarry Days
They also patted themselves on the back for bicycle donations to a children’s charity in San Antonio.
Millions in Back-Door Political Contributions
TACA has also donated millions of dollars to legislators and state officials through a back-door political-action committee called TACPAC. Meanwhile, TACA has refused to acknowledge damaging practices and resisted all attempts to develop meaningful best management practices that address them.
Delivering Air Cover for Members
It’s tough for trade associations to tell members what to do. Loss of members means loss of funding for the association. For the most part, members want air cover from associations. And that’s what TACA delivers.
Communication experts on controversial issues divide the world into three camps: pro, undecided, and anti.
Conventional wisdom says you target messaging to pro and undecided groups. And that’s exactly what TACA is doing. Because you rarely swing anti’s.
For the record, I like concrete. I DON’T LIKE the irresponsible production of it. And what TACA never shows people and avoids talking about. So I will redouble my efforts. And continue advocating for responsible aggregate and concrete production.
Explain These to The Boy Scouts and Kids Clubs
Below is a tiny sampling of more than 10,000 aerial photos I have taken in the last eight months along the East and West Forks of the San Jacinto in southern Montgomery County.
Let’s turn these into murals at the State Capitol for TACA Day next year. Just so legislators get the full picture.
20 square miles of sand mines to the left up the West Fork.One of eight breaches at Triple PGin October 2019. This one on Caney Creek.Second of eight breaches at Triple PG in October 2019. This one on White Oak Creek.Pumping wastewater into the West ForkConfluence of West Fork (right) and Spring Creek on 11/4/2019.The Day the West Fork Ran White. TCEQ traced this back to the LMI Mine upstream.More pumping into the West Fork.One part of a double breach at the Hallett Mine that blew out the sand bar on the opposite side of the West Fork.Five pipelines carrying highly volatile liquids undermined at the LMI River Road mine.Massive breach barely patched and ready to let loose again.Equipment abandoned in floodwayLMI Moorehead mine. TCEQ traced white-water incident to here.River Aggregate Mine on West ForkLMI River Road Minepouring into surrounding wetlands.Pipe that automatically sends wastewater from mine into surrounding forest when level gets high enough.Wastewater from LMI River Road mine leaking across neighbor’s property……where it enters sewer system under road and then empties into West Fork.LMI Moorehead Mine pumping wastewater into surrounding forest where it can’t be seen by road or river. Eventually this drains back into West Fork……which can be seen here (top) where it joins Spring Creek at 59.Ditches or small streams go along the sides of every mine on the East and West Forks. Breaches and pumps are common along these. They make a secluded way to send water to the river.River mining without a permit at Spring West Sand and Gravel on West ForkThat blue water is either high in chlorides or cyanobacteria.Another wastewater leak from LMI River Road mine where it enters West Fork.
Unsolicited Advice to TACA
Dear TACA. If you want to protect your organization from community opposition, start cleaning up your act. That would be a new and truly effective tactic.
Posted by Bob Rehak on 7/3/2020
1039 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/07/20191002-EF-WF-Aerial_632.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-07-02 21:26:222020-07-02 22:01:40How TACA is Winning the Battle to Continue Pillaging Your Environment and Polluting Your Water
Humble ISD says the target opening date for the new transportation center is 2021. Having an additional transportation center will save an estimated $2 million in operating costs, they say, due to shorter routes and improved response times.
Transportation Centers Use Lots of Concrete
This video shows what the old bus center looks like. Lots of concrete! It is a giant parking lot. But the District does have two small detention ponds for the 29-acre site (see below).
Old Humble ISD transportation center at Will Clayton and Wilson. Note detention ponds and bottom and right of photo. Source: Google Earth.
Residents Question Whether Site Will Add to Flooding
There is some good news, however. According to USGS, there were no wetlands on this site. Nor does FloodFactor.com for FEMA show that the Transportation Center is any danger of flooding, unlike its neighbor, Woodridge Village, to the west.
New Transportation Center property is by red pin. Woodridge Village is to left, across Ford Road.Source: FloodFactor.com.
Some residents have questioned whether the new transportation center will add to their flood woes. That’s unclear. It depends on whether the District puts detention ponds on the site.
Construction Photos As of 6/16/2020
Recent construction photos below suggest that they will, but the District has not yet responded to a request for a drainage analysis and site plan. See the status of construction below. All photos taken on 6/16/2020.
The cleared space on the right is the northeastern section of Woodridge Village. The one in the upper left by the cell tower is the new Humble ISD transportation center. Looking southeast toward Lake Houston in background.Tighter shot of new transportation center shows clearing is complete. Area between cell tower and top corner looks like it could become a detention pond.Even closer shot shows them laying stormwater sewers toward back corner.Close shot of drain pipe.From the size, it looks as though they expect a lot of runoff.It also looks like they are pouring a concrete bed for the pipe.
New Ag Barn Just Blocks Away
The District’s new ag barn will also be in the same vicinity, about two blocks south – right where Ford Road turns into Mills Branch Road. During the last bond election, shortly after Harvey, the District decided to relocate the ag barn from Deer Ridge Park for the safety of students and animals.
The District has just started clearing land for that project.
The high rate of development in this area makes it imperative that everyone adheres to drainage best practices to prevent flooding. As more information about these and other projects becomes available, I will post it.
Posted by Bob Rehak on 7/2/2020
1038 Days since Hurricane Harvey and 286 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/07/20200616-RJR_4378.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-07-02 08:32:562020-07-02 08:33:17Humble ISD Constructing Transportation Facility Next to Woodridge Village
Mere days after the Texas Attorney General (AG) filed a lawsuit against Triple P.G. Sand Development, the mine’s owner transferred ownership of the mine. Even though the transfer was recorded in October, the attorney general says the papers were dated for the prior January — before the unauthorized discharges from the mine that triggered the AG’s lawsuit.
Hundreds of Millions of Gallons of Wastewater Discharged
Two unauthorized discharges from the mine in Porter during May and September last year let hundreds of millions of gallons of sediment-laden wastewater escape into the headwaters of Lake Houston, the source of drinking water for 2 million people.
The putative ownership transfer was recorded in October, days after the lawsuit was filed. But it was dated for the prior January—before the May and September discharges that triggered the law suit!
The AG didn’t allege any motives. But the suspicious ownership transfer may have been an attempt to shield assets from prosecutors. People often set up multiple companies, trusts and partnerships to shield assets in one from lawsuits in another.
Prabhakar R. Guniganti, as Director of Triple P.G. Sand Development, L.L.C.
Prabhakar R. Guniganti, as sole manager of Guniganti Family Property Holdings, L.L.C.
Guniganti Children’s 1999 Trust.
TCEQ Surprised by “Different Operator” at Facility
The Attorney General’s amended petition states, “In or around May 2020, prior to expiration of the Temporary Injunction, Texas Commission on Environmental Quality (TCEQ) investigators conducted a site visit and were informed that a different operator had taken over operations at the Facility.”
Ironically, instead of shielding assets (if that’s what he was trying to do), Guniganti exposed more of his family’s holdings. Now they’re all part of the lawsuit.
Guniganti Family Property Holdings, L.L.C. was the recorded property owner at the time of the May and September 2019 breaches. However, new ownership records now show that in October 2019, Guniganti Children’s 1999 Trust owned the property.
Prabhakar R. Guniganti is the sole director of Triple P.G. Sand Development and sole manager of the Guniganti Family Property Holdings. The AG’s amended petition alleges Guniganti orchestrated the ownership transfer as the sole manager of Defendant Guniganti Family Property Holdings.
Officially, the State filed the amended petition to name additional entities that are responsible for the 2019 discharges. They also share a continuing responsibility to prevent discharges in the future by performing corrective actions to improve the site.
Basis for Lawsuit
The TCEQ cited Triple P.G. in both months during 2019 for the unauthorized discharge of millions of gallons of sediment-laden process wastewater. In May, the entire contents of the Triple P.G. dredge pond (about 180 acres in area) were released into Caney Creek. TCEQ estimates 325 million gallons of sediment-laden water exited into Caney Creek, which leads directly to the East Fork of the San Jacinto River and onward to Lake Houston. Then, more breaches occurred in September, 2019.
Triple P.G. agreed to injunctive relief last fall. The injunction required Triple P.G. to cease dredging operations, to repair breaches, and to retain an engineer who would propose a plan to ensure the berms could hydraulically isolate the process waste water from waters of the State. The Court entered the Agreed Temporary Injunction on November 25, 2019.
The AG contends that regardless of which entity owned the mine, they all lead back to the same man and they all had an obligation to ensure that process wastewater was not discharged into waters of the State.
The AG believes all entities are liable for unauthorized discharges pursuant to Texas Water Code 26.121(c), which makes it unlawful to “cause, suffer, allow, or permit the discharge of any waste” in violation of the Texas Water Code.
Dr. Guniganti At Center Allegations
“As the individual with complete management control of sand mining company Triple P.G. and with complete management control of the property on which the Facility is located, Defendant Guniganti had authority to direct activities at the site, including the authority to prohibit or modify sand mining operations on the property, to ensure Triple P.G. maintained adequate berms, and/or to maintain the berms at the Facility to ensure that process wastewater was not discharged into waters of the state,” the AG alleges.
Guniganti, a cardiologist from Nacogdoches who moonlights as a miner, could be fined up to a million dollars for the discharges.
The defendant(s) have until July 20, 2020, to respond to the amended petition.
In other developments in the case, Dr. Guniganti has requested to replace his Austin-based attorney with one from Lufkin.
Posted by Bob Rehak on July 1, 2020
1037 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/06/20200616-RJR_4335.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-06-30 23:32:522022-05-27 13:08:05Triple P.G. Owner Transferred Ownership of Sand Mine Days After AG Filed Suit
How TACA is Winning the Battle to Continue Pillaging Your Environment and Polluting Your Water
In March, as the pandemic spread across America, the Texas Aggregate and Concrete Association gave a presentation to a convention of industry producers in Las Vegas. The title: “Be Prepared: Protect your Operation from New Tactics in Community Opposition.”
Use of Internet Seen as New Tactic
As far as I can tell from the presentation, the new tactic is the use of the Internet. Wowsers! That’s quite an insight!
In the presentation, they specifically mentioned ReduceFlooding.com. I’m sure I anger these people as much as they anger me. I have met with them five times now. None of the meetings resulted in any change of industry practices. Or even a genuine willingness to explore them.
The Boy Scout Connection
In Austin during the last legislative session, a House committee member (evaluating a bill to establish best management practices for the industry) asked whether TACA had engaged with communities they affected. Mr. Rob Van Til (a mine owner and TACA spokesperson) looked at me waiting to testify, and said, “We’d prefer to talk to the Boy Scouts.” And just like that, the bill died in committee.
TACA sees people trying to protect their communities as the enemy. Instead of engaging with “the opposition” and trying to reform damaging mining practices, they rally support among neutral third parties.
TACA’s presentation in Las Vegas talked about:
They also patted themselves on the back for bicycle donations to a children’s charity in San Antonio.
Millions in Back-Door Political Contributions
Delivering Air Cover for Members
It’s tough for trade associations to tell members what to do. Loss of members means loss of funding for the association. For the most part, members want air cover from associations. And that’s what TACA delivers.
Communication experts on controversial issues divide the world into three camps: pro, undecided, and anti.
For the record, I like concrete. I DON’T LIKE the irresponsible production of it. And what TACA never shows people and avoids talking about. So I will redouble my efforts. And continue advocating for responsible aggregate and concrete production.
Explain These to The Boy Scouts and Kids Clubs
Below is a tiny sampling of more than 10,000 aerial photos I have taken in the last eight months along the East and West Forks of the San Jacinto in southern Montgomery County.
Unsolicited Advice to TACA
Dear TACA. If you want to protect your organization from community opposition, start cleaning up your act. That would be a new and truly effective tactic.
Posted by Bob Rehak on 7/3/2020
1039 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Humble ISD Constructing Transportation Facility Next to Woodridge Village
In 2018, voters approved an Humble ISD school bond that included a new northern transportation center. The 11.7-acre center is currently under construction at 24755 Ford Road, directly across the street from the new construction entrance for Woodridge Village. Concerned residents wonder whether the extra acreage could make flooding worse.
Humble ISD says the target opening date for the new transportation center is 2021. Having an additional transportation center will save an estimated $2 million in operating costs, they say, due to shorter routes and improved response times.
Transportation Centers Use Lots of Concrete
This video shows what the old bus center looks like. Lots of concrete! It is a giant parking lot. But the District does have two small detention ponds for the 29-acre site (see below).
Note that the old site is in Harris County and the new one is just across the county line in Montgomery County which has more lax regulations.
Residents Question Whether Site Will Add to Flooding
There is some good news, however. According to USGS, there were no wetlands on this site. Nor does FloodFactor.com for FEMA show that the Transportation Center is any danger of flooding, unlike its neighbor, Woodridge Village, to the west.
Some residents have questioned whether the new transportation center will add to their flood woes. That’s unclear. It depends on whether the District puts detention ponds on the site.
Construction Photos As of 6/16/2020
Recent construction photos below suggest that they will, but the District has not yet responded to a request for a drainage analysis and site plan. See the status of construction below. All photos taken on 6/16/2020.
New Ag Barn Just Blocks Away
The District’s new ag barn will also be in the same vicinity, about two blocks south – right where Ford Road turns into Mills Branch Road. During the last bond election, shortly after Harvey, the District decided to relocate the ag barn from Deer Ridge Park for the safety of students and animals.
The District has just started clearing land for that project.
The high rate of development in this area makes it imperative that everyone adheres to drainage best practices to prevent flooding. As more information about these and other projects becomes available, I will post it.
Posted by Bob Rehak on 7/2/2020
1038 Days since Hurricane Harvey and 286 since Imelda
Triple P.G. Owner Transferred Ownership of Sand Mine Days After AG Filed Suit
Mere days after the Texas Attorney General (AG) filed a lawsuit against Triple P.G. Sand Development, the mine’s owner transferred ownership of the mine. Even though the transfer was recorded in October, the attorney general says the papers were dated for the prior January — before the unauthorized discharges from the mine that triggered the AG’s lawsuit.
Hundreds of Millions of Gallons of Wastewater Discharged
Two unauthorized discharges from the mine in Porter during May and September last year let hundreds of millions of gallons of sediment-laden wastewater escape into the headwaters of Lake Houston, the source of drinking water for 2 million people.
Suspicious Ownership Transfer
The AG didn’t allege any motives. But the suspicious ownership transfer may have been an attempt to shield assets from prosecutors. People often set up multiple companies, trusts and partnerships to shield assets in one from lawsuits in another.
As a result of the transfer, the Texas Attorney General (AG) amended the State’s original petition and application for injunctive relief against Triple P.G. on 6/17/2020. The new petition added five additional defendants. They include:
TCEQ Surprised by “Different Operator” at Facility
The Attorney General’s amended petition states, “In or around May 2020, prior to expiration of the Temporary Injunction, Texas Commission on Environmental Quality (TCEQ) investigators conducted a site visit and were informed that a different operator had taken over operations at the Facility.”
Ironically, instead of shielding assets (if that’s what he was trying to do), Guniganti exposed more of his family’s holdings. Now they’re all part of the lawsuit.
Guniganti Family Property Holdings, L.L.C. was the recorded property owner at the time of the May and September 2019 breaches. However, new ownership records now show that in October 2019, Guniganti Children’s 1999 Trust owned the property.
Prabhakar R. Guniganti is the sole director of Triple P.G. Sand Development and sole manager of the Guniganti Family Property Holdings. The AG’s amended petition alleges Guniganti orchestrated the ownership transfer as the sole manager of Defendant Guniganti Family Property Holdings.
Officially, the State filed the amended petition to name additional entities that are responsible for the 2019 discharges. They also share a continuing responsibility to prevent discharges in the future by performing corrective actions to improve the site.
Basis for Lawsuit
The TCEQ cited Triple P.G. in both months during 2019 for the unauthorized discharge of millions of gallons of sediment-laden process wastewater. In May, the entire contents of the Triple P.G. dredge pond (about 180 acres in area) were released into Caney Creek. TCEQ estimates 325 million gallons of sediment-laden water exited into Caney Creek, which leads directly to the East Fork of the San Jacinto River and onward to Lake Houston. Then, more breaches occurred in September, 2019.
Triple P.G. agreed to injunctive relief last fall. The injunction required Triple P.G. to cease dredging operations, to repair breaches, and to retain an engineer who would propose a plan to ensure the berms could hydraulically isolate the process waste water from waters of the State. The Court entered the Agreed Temporary Injunction on November 25, 2019.
Ever since, Guniganti has been trying to dry-mine sand. Miraculously, water inside the mine has disappeared while water outside the mine has gotten higher.
The AG contends that regardless of which entity owned the mine, they all lead back to the same man and they all had an obligation to ensure that process wastewater was not discharged into waters of the State.
The AG believes all entities are liable for unauthorized discharges pursuant to Texas Water Code 26.121(c), which makes it unlawful to “cause, suffer, allow, or permit the discharge of any waste” in violation of the Texas Water Code.
Dr. Guniganti At Center Allegations
“As the individual with complete management control of sand mining company Triple P.G. and with complete management control of the property on which the Facility is located, Defendant Guniganti had authority to direct activities at the site, including the authority to prohibit or modify sand mining operations on the property, to ensure Triple P.G. maintained adequate berms, and/or to maintain the berms at the Facility to ensure that process wastewater was not discharged into waters of the state,” the AG alleges.
Guniganti, a cardiologist from Nacogdoches who moonlights as a miner, could be fined up to a million dollars for the discharges.
These discharges are the latest in a long series of problems for the troubled mine. For the complete list, read the Attorney General’s entire 51-page amended petition.
The defendant(s) have until July 20, 2020, to respond to the amended petition.
In other developments in the case, Dr. Guniganti has requested to replace his Austin-based attorney with one from Lufkin.
Posted by Bob Rehak on July 1, 2020
1037 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.