Tag Archive for: Attorney General

Triple PG Sand Mine Agrees to Terms of Restraining Order

The Triple PG Sand Mine in Porter has agreed to the terms of a restraining order. The order will force the mine owner to build dikes that can withstand the force of future rains and that can prevent future discharges of process wastewater into the City of Houston’s drinking water.

Repeated breach in dike of Triple PG Sand Mine that allowed process water to mingle with water in Caney Creek (lower left).

Certification by Licensed Professional Engineer Required

Furthermore, according to the agreement, a licensed, professional engineer must certify that the dikes can withstand the force of future rains. No more building dikes out of sand. Given where the mine is located – at the confluence of two floodways – it’s not clear whether future breaches are 100% avoidable. It’s also unclear whether a professional engineer would put his or her reputation on the line with such a promise given this particular mine’s history and location.

Southern Perimeter Lacks Effective Dikes

The entire southern perimeter of the mine is flush with the land south of the mine. There appear to be no dikes. So this could be a massive construction job. Dozens of homes south of the mine flooded during Imelda. Debris and damage patterns suggest that floodwaters entered their homes directly from the mine, not from White Oak or Caney Creeks.

The back of Tom Gill’s garage above faces the Triple PG mine. Scouring from the direction of the mine indicates which direction floodwaters came from.
Debris washed away from mine in Walden Woods subdivision south of it.

Background of Case

In May and again in September, the Texas Commission on Environmental Quality (TCEQ) reported that multiple breaches in dikes at the Triple PG Sand Mine on Caney Creek led to the escape of process water and sediment into the City of Houston’s drinking water supply. The TCEQ had previously cited the mine for similar environmental violations in 2015.

As a result of leaving the breaches open for prolonged periods, the Texas Attorney General sued the mine earlier this month. If the suit is successful, Triple PG could be liable for penalties exceeding $1 million.

Goals of Attorney General

Two weeks ago, I described what the original petition involved. The AG wants to force the mine to stop alleged pollution of the drinking water of the nation’s fourth largest city.

Both the injunction and restraining orders seek the same things: to get the mine to fix breaches so it stops allegedly emitting process water. The initial focus: sealing the mine off so that process water stops intermingling with drinking water. In the long term, however, the state wants to force the mine to build dikes sufficient to withstand the force of future floodwaters.

Requirements of Restraining Order

The agreed temporary restraining order requires the defendant to:

  • Not engage in any operations at its dredge facility that discharge process wastewater from the defendant’s property
  • Not PRODUCE any process wastewater that must be discharged
  • Immediately begin repairing damaged or breached berms
  • Hydraulically isolate any industrial waste within the mine
  • Halt the influx of water from creeks
  • Halt the outflow of waste from pits
  • Construct the repairs to prevent discharges from pits during future rain events
  • Cease and prevent all discharges of any industrial waste and or process wastewater from the mine into waters of the state
  • Within 14 days, hire a professional engineer to assess whether the berms can permanently prevent future discharges
  • Not destroy records
  • Certify all efforts at compliance, also within 14 days

The amended restraining order reset the date for the hearing on a temporary injunction from October 24 to 28th. The last order again resets the hearing date to November 12th.

So why the restraining orders when the original suit asked for an injunction? Generally, restraining orders are sought as a form of immediate relief while a plaintiff pursues a more permanent injunction, although injunctions can also be temporary.

Full Text of Legal Filings to Date

Below are links to the full text of documents filed to date in the case. I obtained them from the Travis County District Clerk in Austin.

For one PDF that contains all the docs above, click here.

Explanation of “Agreed Order”

Notice the word “agreed” in many of the document titles above. An Agreed Order refers to a written agreement submitted by both parties to a case resolving issues between them.

After rendering decisions, courts will often command counsel for both parties to see if they can come up with wording of an order satisfactory to both. If they can, it becomes an “agreed order,” which the court will then enter. (If not, the judge will formulate his/her own order.

Turning the Tide on the East Fork?

If this sticks, it could change the way Triple PG does business forever. It could also improve life on the East Fork of the San Jacinto for residents who have complained about sediment buildups, flooding, polluted water, loss of riparian vegetation, destruction of wetlands, fish kills, and more.

Posted by Bob Rehak on 10/31/2019

793 Days after Hurricane Harvey and 42 since Imelda

East Fork Mouth Bar Rapidly Developing

In the 2+ years since Hurricane Harvey, many East Fork residents complained that the West Fork was getting all the media attention and remediation dollars. Imelda may have just changed that narrative. An East Fork Mouth Bar rapidly increased in size during the storm.

Rapid Increase in Sedimentation Between Royal Shores and Luce Bayou

Between Luce Bayou and Royal Shores, Josh Alberson, an East Fork resident and boater says the channel recently measured as much as 18 feet deep. Last weekend, when checking cross-sections on the depth finder of his jet boat, the deepest part of the channel measured three to four feet in that same area. Here’s what it looks like from a helicopter pointing south toward Lake Houston and the FM1960 Bridge.

East Fork Mouth Bar. Photo taken one week after Imelda on 9/27/19.

It’s clear that portions of these bars preceded Imelda, just as portions of the West Fork Mouth Bar preceded Harvey. You can tell that by the vegetation. However, you can also see the immense recent growth of these bars in the areas without vegetation.

Shots taken from the boat show vast expanses of sand now clogging the East Fork.

Looking south toward the entrance to Lake Houston. Photo taken on 9/29/19. Channel between here and Luce Bayou (out of frame on the left) averaged 3-4 feet deep.
Looking west toward Royal Shores from same location. Photo taken 9/29/19.
Looking east toward Luce Bayou, I captured this shot of a dead tree on 9/29/19. It underscores how shallow the river is at this location. More than half the root ball sits above water.

Hundreds, Possibly Thousands of Trees Down

Upstream, hundreds, if not thousands of trees were uprooted by Imelda. The City and DRC had just completed removing such hazards. They did a thorough and beautiful job. However, Imelda will mean starting over…at least on the East Fork.

Giant Sand Bars Now Filling More than Half of River

The sand bar opposite East End Park migrated downstream. It also expanded outward and may have contributed to significant erosion on the parks northern shore. It now cuts off more than half the river. Not surprisingly The river appears to have migrated south in this area by at least 50 feet.
Opposite the massive sand bar above, entire trails have been washed away in East End Park. Beware of possible bank collapse. Very dangerous conditions exist on trails. Do not use the park until repairs have been completed.
The storm deposited other sand bars father upstream, like this one in the approximate area of Woodstream. It was just below where Taylor Gully enters the river at Dunham Road.

Fourth Breach Discovered at Sand Mine

Still unknown: how much of a role multiple breaches at the Triple PG mine played in sedimentation.

Charlie Fahrmeier discovered yet another breach at the mine on Monday; this one partial.

View of partial breach near north end of Triple PG mine from Caney Creek. Photo by Charlie Fahrmeier. Taken on 9/30/19.
Above the partial breach shown in the photo above. Fahrmeier says he found the grass all laying down in one direction indicating rushing water inundated it recently. Photo taken on 9/30/19.

Role of Sand Mine Under Investigation

Dan Huberty today announced that Ken Paxton, the state attorney general, has agreed to investigate the Triple PG mine. A spokesman for the federal Mine Safety and Health Administration said investigators were headed to the site today. The TCEQ has also launched an investigation.

Clearly, the mine is not responsible for all of the sand in the river. But its location in TWO floodways, four possible breaches, and loss of a major portion of its stockpile indicate it played some role in the massive sedimentation.

Looking south across the Triple PG Mine’s main stockpile. White Oak Creek swept in from the right and Caney Creek from the left. The stockpile measures approximately 20 acres and has risen to an estimated 90-100 feet at times. On this day, 9/27/19, it was much smaller. Whether that was due to erosion or sales is unknown. Notice all the equipment laying on its side to the right of the metal buildings.

Substantial Repairs?

After a breach in May, the mine simply dumped sand in the hole which quickly eroded again. Photo taken 9/29/19.

I doubt this meets the TCEQ requirements for substantial repairs.

Close up of breach repair. It appears to be nothing but sand. Photo 9/29/19.

Whether these repairs were intended to fail or whether the operator didn’t care if they failed, the result was the same. More sand in the river. And more gunk in your drinking water supply.

Posted by Bob Rehak on 10/2/2019 with thanks to Josh Alberson and Charlie Fahrmeier.

764 Days after Hurricane Harvey and 13 since Imelda

All thoughts expressed in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the Great State of Texas.