Outcome of Commissioners Court Meeting Hopeful for Elm Grove

A marathon 10-hour meeting of Harris County Commissioners Court ended on a hopeful note for Elm Grove Village. But it was an emotional roller-coaster ride. Commissioners discussed whether to purchase Woodridge Village from Perry Homes and use it to build a giant detention facility to protect Elm Grove from future flooding.

The northern part of the 268-acre flood-prone Woodridge Village

Recap of Meeting

Before adjourning to executive session, commissioners discussed their concerns about a potential deal in open session. If you watched it live, you probably worried at that point. Commissioners Ellis and Garcia seemed to look for ways to kill any deal.

For instance, Ellis asked pointed questions about line items in the Flood Bond. He wanted to know what line item the money would come from for Elm Grove. Russ Poppe, Executive Director of the Flood Control District, explained that they set aside money for “San Jacinto Watershed drainage improvements in general.”

Ellis said, “But it wasn’t set aside for this?” Poppe replied that Elm Grove flooding happened after the Bond election, but that it fit the criteria for drainage improvements in the SJR watershed. And Ellis again said, “So it wasn’t set aside for this.”

Video of the meeting has not yet been posted.

Ellis, Garcia, Hidalgo Always Vote as Block

I’ve been told by reliable sources that since the last election, Hidalgo, Garcia and Ellis have ALWAYS voted as a block on every issue. So when they went into executive session, I bit my fingernails.

But when the commissioners and county judge came back from executive session, the feeling was more hopeful. We don’t have an agreement to approve a deal. But we have an agreement to keep negotiating.

What Harris County Still Wants

Here’s what commissioners want:

  1. HCFCD will formally request an extension from Perry Homes on its March 31 deadline. This should not be a problem. People aren’t exactly lining up to buy the jinxed Perry Homes property.
  2. HCFCD will also pursue an inter-local agreement with Montgomery County (MoCo) requesting that MoCo follow Atlas 14 guidelines – especially within the City of Houston’s (CoH) extra territorial jurisdiction. MoCo already has adopted the new higher standard since approving Perry Homes’ permits. However, their Atlas-14 standards differ slightly from Harris County’s because MoCo is further north and receives less rainfall. This should not be a deal killer either.
  3. HCFCD will also request an inter-local agreement with CoH. At a town hall meeting in March, the City made it abundantly clear that it would not contribute cash to a buyout. So in lieu of cash, Harris County will request that the City provide assets that could help Engineering or Flood Control complete County projects more cost effectively.

After that the meeting adjourned.

Thank You

Thanks to Precinct 4 Commissioner Jack Cagle who put this item on today’s agenda and has kept pushing it. Thanks also to everyone who wrote or called the commissioners requesting their support. Your efforts made a difference. Keep praying.

Posted by Bob Rehak on 4/7/2020

752 Days since Hurricane Harvey and 201 since Imelda

Rosie Takes Ride on Harvey Cruise Line

Denise Faulkner sent this picture in via ReduceFlooding.com’s Submissions page. It gets my vote for the funniest Harvey photo ever. I call it “Rosie Takes a Ride on the Harvey Cruise Line.”

Rosie the Dog on the Harvey Cruise Line during Harvey

Here’s the backstory. The dog, Rosie, belong’s to Denise’s mother. She parked the dog on this floating foam cushion while collecting her “essentials” before evacuation. How ingenious! A short while later, they were rescued on the jet ski you see in the background in the doorway.

According to Denise, Rosie did great during and after Harvey. She survived the storm and bounced back without any trauma or drama. Dogs are great in that respect. All they need is a little food, a lot of love, and a warm place to sleep.

It’s hard to find comedy in the middle of tragedy. But now that the hurt of Harvey is 952 days in the past, this photo gave me a belly laugh. I hope the Harvey Cruise Line and Rosie at least make you smile.

If you have flood pictures that you would like to share with the world, please send them in via the Submissions page.

Posted by Bob Rehak on 4/7/2020 with thanks to Denise Faulkner

952 Days after Hurricane Harvey

TCEQ Alleges Fourth Unauthorized Discharge in 10 Months at Triple PG Mine

In March, ReduceFlooding.com published pictures of the Triple PG sand mine pumping water onto adjoining properties near White Oak Creek. The TCEQ investigated within days. Today, they reported their findings and issued a Notice of Enforcement for the unauthorized discharge of process water. The discharge also appears to violate terms of the Attorney General’s injunction against the mine and could result in the AG seeking additional fines up to $25,000 per day for discharges at apparently lasted three months.

Mine process wastewater flooding neighboring properties in upper right. Picture taken Jan 20, 2020.
Mine process wastewater flooding neighboring properties in foreground. Picture taken Feb. 13, 2020.
Triple PG wastewater on neighboring properties on March 6, 2020. See water in strip of trees in front of stockpile.

TCEQ Report on Compliance Investigation

TCEQ observed process water outside Triple PG’s property boundary and concluded, “The allegation of a discharge of process water was confirmed. As a result of the investigation conducted on March 11, 2020, one alleged violation was noted for failure to prevent the discharge of process water.” That was the fourth such finding in five years for the mine.

TCEQ says in part, “Because process water was located outside of the facility’s property boundary with a high likelihood to enter waters of the state, an unauthorized discharge had occurred.”

676% Higher Levels of Suspended Sediment than Creek Water

Wastewater was overflowing from Ponds Five and Six. Analysis of water samples showed that the overflow had levels of suspended solids in it that were 137% to 676% higher than the background level found upstream in White Oak Creek. That’s more than 2X to almost 8X above the creek water.

Discharge Not Authorized

Both TCEQ rules and the terms of the injunction prohibit any discharges of process water not authorized by the TCEQ.

The Notice of Enforcement issued by the TCEQ on 4/3/2020 cites, “Unauthorized discharge of process water: Specifically, during the investigation conducted on March 11, 2020, process water was noted outside the property boundary of Triple PG Sand Development Facility with the likelihood to enter waters of the state.”

Recommended corrective action? TCEQ simply says, “There shall be NO unauthorized discharge of pollutants.”

Additional Fines Possible

The Texas Water Code Section 7.102 allows fines up to $25,000 per day for each day of a continuing violation. See flooded neighboring properties above in January, February and March flyover photos.

That water was building up and flooding adjoining properties for at least three months. This could get expensive for Triple PG!

The Attorney General’s office did not respond yet to a request for comment about the type of penalties that it would seek, if any.

Fourth Unauthorized Discharge in Last Year

TCEQ has conducted eight other investigations at Triple PG in the previous 5 years. They included investigations into:

  • Failure to renew their registration
  • Alleged failure to maintain pollution prevention measures and controls
  • Failure to maintain a Stormwater Pollution Prevention Plan (SWP3)
  • Unauthorized discharge of process water (three times since May 2019)

This makes the fourth citation for unauthorized discharges in a year.

Editorial Comment: This mine just doesn’t seem to take the TCEQ, Attorney General, State of Texas or the health of their neighbors seriously. I hope the Attorney General shuts them down.

Posted by Bob Rehak on 4/6/2020

951 Days after Hurricane Harvey and 200 after Imelda

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.