Two daredevil sand mining companies, Triple PG Sand Development, LLC and Texas Concrete, have stepped up their efforts to mine sand between pipelines that carry natural gas and highly volatile liquids.
AG Lawsuit Filed in 2019
In October of last year, the Texas Attorney General sued the Triple PG mine in Porter for up to $1 million on behalf of the Texas Commission on Environmental Quality (TCEQ). The original petition in the case cited repeated breaches in the mine’s dikes over a period of several years that let process water and sediment from the mine escape into the headwaters of Lake Houston. Lake Houston supplies drinking water for approximately two million people.
Days after the AG filed the suit, the mine’s owner, Dr. Prabhakar R. Guniganti, a cardiologist from Nacogdoches, tried to shuffle ownership of the mine through a series of trusts controlled by his family. In June of this year, the AG filed an amended petition, naming all the trusts and their officers (both individually and as directors) as additional defendants.
Both the TCEQ and AG’s office have declined to comment on ongoing legal matters relating to the Triple PG operation. However, while flying over the mine on Monday this week, I saw something very disturbing.
Mining Between Pipeline Corridors
Kinder Morgan has an easement for a natural gas pipeline through the mine. You can see the pipeline path on the left in the photo below. Their pipeline was exposed during Harvey by erosion and had to be buried deeper. Luckily, no explosions or fires resulted.
Looking NW. Mining between pipelines at the Triple PG mine in Porter.Natural gas line on left; HVL lines in utility corridor at top of frame.
Now, Triple PG and Texas Concrete are mining sand from between the pipelines. This will increase the potential for erosion in future storms. That could expose pipelines and potentially lead to pipeline ruptures, spills, and/or explosions.
Looking west. Removing additional ground cover makes the pipelines on either side more susceptible to erosion and exposure during floods.Looking south. Notice on right how mine has run heavy equipment across both pipeline corridors, a dangerous practice according to pipeline engineers.
To adapt a phrase about pilots from the aviation industry, “There are old miners and bold miners.” Those daredevils at Triple PG sure are Bold. With a capital B. As in Boom.
Posted by Bob Rehak on 12/11/2020
1200 Days since 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/2020/12/20201207-Aerial-Dec-2020_552.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-12-11 18:29:482020-12-11 18:35:41Daredevils at Triple PG Mine Continue to Push Safety Envelope
A year after the Texas Commission on Environmental Quality (TCEQ) filed a notice of enforcement against a Plum Grove sand miner named Somaiah Kurre, it appears that Kurre still has not complied with TCEQ regulations to restore his abandoned mine. However, he has found time to take over operations at the troubled Triple PG Sand Mine in Porter. The Texas Attorney General is already suing the Porter mine. This raises two serious public policy issues.
Should miners who leave behind environmental issues at one site be allowed to operate another before fixing problems at the first?
Permits Without Performance
It also calls into question state regulations that allow sand mines to obtain operating permits without forcing them to restore mines to nature or alternative uses when done.
Performance bonds are common in the construction industry.
Texas should adopt a performance-bond policy. This case shows why.
Texas regulations state only that a mine needs a reclamation plan to get a permit. However, there are no regulations stating they must execute the plan.
When unscrupulous operators are done mining a site, there’s no reason for them to invest another penny in it.
Texas needs performance bonds and/or a “toxic legacy” law. Companies that abandon unsafe mines should be forbidden to operate anywhere else in the state. They just can’t be trusted.
Troubled History In Plum Grove
Texas Concrete Sand and Gravel, Inc., one of Mr. Kurre’s 16 companies, has a troubled history at its Plum Grove location. Before October 2019, TCEQ investigated it nine times for 17 alleged violations in four years. Twelve involved unauthorized discharges of industrial waste.
Previous alleged violations included failure to:
Prevent unauthorized discharge of industrial waste (7 investigations plus 5 complaints)
Renew registration
Document steps taken to address benchmark exceedances
Comply with record keeping and reporting requirements
Maintain compliance with permitted numeric effluent limitations
Sample water quality at designated outfalls.
Abandoned Without Compliance After Imelda
During Tropical Storm Imelda in September 2019, the mine’s dikes breached in four places. The mine discharged industrial wastewater and sediment into the San Jacinto East Fork. The East Fork empties into Lake Houston, the source of drinking water for 2 million Houstonians.
The company eventually fixed the breaches, but cancelled its Multisector General Permit (MSGP) and Aggregate Production Operation (APO) registration.
A company spokesperson told TCEQ investigators that the company had ceased all operations at the site.
No visible attempt has yet been made to stabilize soil, restore the land that needed it, or convert the site to an alternative use. So the company is still violating terms of its permit.
An excavator, dredge, shed, other abandoned equipment, plus bacteria- and scum-laden ponds remain. See photos below.
Photos Taken 10/25/2020
Abandoned stockpile shows signs of recent activity. After a year with supposedly no activity, you would think some of this water would have clarified. Can you spot the five different colors of water in different ponds?Dredge has not moved in months.Working parts of dredge are crusted with rust.Large part of site not stabilized. Tracks show trucks entering and leaving the mine, taking sand from the mine’s stockpile.But no signs or permits are posted at the site.
“The MSGP contains requirements … to terminate permit coverage after mining activity has ceased. The operator must demonstrate they have accomplished the final stabilization requirements: 1) completion of soil disturbing activities, 2) stabilization to minimize soil erosion, 3) ensuring stormwater runoff does not contribute to a violation of water quality standards, and 4) the site has been revegetated or left in the condition consistent with post-mining land use such as a nature park or lakes.”
“When operators have achieved final stabilization, they must submit a Notice of Termination which has been signed and certified by the responsible signatory authority as described in 30 TAC §305.44,” said the spokesperson.
The TCEQ spokesperson also said that Kurre, who fancies himself a startup impresario, is trying to negotiate payment terms for a $19,036 fine that TCEQ levied against him on April 14, 2020.
The First Amended Petition in the Triple PG lawsuit by the Attorney General shows that Kurre took over operations at the Triple PG mine in April. However, the amended petition did not specify who the new operator was at the time.
Ironically some of the alleged violations that the TCEQ charged Mr. Kurre with in Plum Grove are identical to the charges that the Attorney General lodged against the Triple PG mine in Porter.
The Many Faces of Somaiah Kurre
A search for corporate listings associated with Kurre’s name in the Texas Secretary of State database shows that he controls – wholly or partially – 16 businesses.
Manjari Enterprises LLC
Texas Concrete Enterprise, L.L.C.
Asam LLC
Texas Concrete Enterprise – II, LLC
Shree Radha, LLC
Texas Concrete Enterprise – IV, L.L.C.
Texas Concrete Sand and Gravel, Inc.
Plum Grove Material, Inc.
Rohini Enterprises Inc.
JSR Materials, Inc.
Bright Star Stores, Inc.
US Readymix Inc.
US Fracsand, LLC
Rama Krishna 2, LLC
Texas Frac Sand Materials, Inc.
Texas Concrete Sand and Gravel Enterprise, Inc.
Along the East Fork, Kurre owns or operates mines in San Jacinto, Liberty, Montgomery and Harris Counties. That possibly qualifies him as the largest operator on the East Fork.
Toxic Legacy?
Note unusual blue-green color in pond – a likely indicator of potentially dangerous bacteria.
According to the TCEQ, the color of that blue-green pool on the right in the photo above indicates that it is likely filled with cyanobacteria. Cyanobacteria can produce cyanotoxins.And the CDC says that cyanotoxins are “among the most powerful natural poisons known. They can make people, their pets, and other animals sick. Unfortunately, there are no remedies to counteract the effects.”
Pond near entry road.Not quite a nature park! Texas Concrete’s legacy in Plum Grove. No identifying signs or permits are posted at the entrance to the site, despite the truck traffic.
Sites like this can unnaturally accelerate the buildup of sediment dams in rivers. Not only do they expose sand, they expose it in the floodways of rivers and streams. After Imelda, a huge sand bar set up at the mouth of the San Jacinto East Fork . It contributed to flooding of nearby residents. The public will have to pay to remove it.
East Fork Mouth Bar after Imelda. Before Imelda, this area was 18 feet deep. Boaters say the deepest part of the channel is now three feet.
Posted by Bob Rehak on 10/29/2020
1157 Days after Hurricane Harvey and 405 since 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/10/20201025-DJI_0966.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-10-29 22:04:442020-10-30 12:52:27Sand Miner Takes Over Troubled Porter Mine While Still Violating TCEQ Regs at Plum Grove Mine
Last year, the flood during Tropical Storm Imelda washed out the sand supporting a natural gas pipeline running across an easement through the Triple PG Sand Mine in Porter. Luckily, Kinder Morgan (KM) shut the line down before anyone was hurt. KM then drilled 75 feet under the mine and spliced in a new section. But now Triple PG is mining over the new section, once again eroding the the public’s margin of safety.
Of course, it’s possible that the miners won’t get down to 75 feet. But TACA and some West Fork sand mines say they routinely mine 100 feet down.
Eroding Margin of Safety
Just as bad, they’re mining toward five pipelines carrying highly volatile liquids (HVL), potentially exposing them in the next flood, just like they were on the West Fork at the LMI River Road Mine.
The Kinder Morgan natural gas line runs diagonally between the trees in the foreground, parallel to helicopter skid in the lower left.Five HVL pipelines run in the utility corridor in the background.Here’s how that same area looked after Imelda on 9/27/2019, when Caney Creek (right) had flowed through the mine.
Shortly before Harvey, the sand mine started mining next to the road cutting diagonally from top left to bottom right. Then, Harvey flowed through the mine, creating much of the erosion you see here.
Two years later, Imelda cut through the mine again, extending the erosion headward to the point where it could threaten the HVL pipelines in the utility corridor near the top of the frame above during the next flood.
In two years, the headward erosion cut toward the pipelines by 2000 feet.
Triple PG Already Operating Under Injunction
The sand mine sits at the confluence of two floodways and floods repeatedly.
A Travis County Court set a trial date for 6/22/2020, but the trail has been delayed by COVID. Shortly after the Attorney General filed his suit, the owner of the mine, a cardiologist from Nacogdoches, tried to transfer ownership within his family’s companies and trusts.
2020 will certainly go down in history as the year of living dangerously. A miner trying to push his luck is just one more thing we shouldn’t have to worry about…especially when he’s sitting on top of a huge stockpile of sand that he has barely touched in months.
No one has died yet. Hopefully they won’t. But if they do, it won’t take long for a lawyer to argue negligence and triple damages for the Triple PG owners. Of course, they will then likely declare bankruptcy and tuck tail back to Nacogdoches.
Posted by Bob Rehak on 9/30/2020
1128 Days since Hurricane Harvey and 377 since 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/09/20200911-RJR_1346.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-09-30 18:38:582020-09-30 18:57:16Sand Mine Continues to Push Its Luck by Mining Over and Between Pipelines
On February 20th of this year, approximately 1,000 plaintiffs filed a 118-page lawsuit against 55 sand mining companies in the San Jacinto River Basin. Plaintiffs allege that the miners harmed them by decreasing the capacity and depth of Lake Houston and its tributaries by wrongfully discharging and negligently allowing the release of materials into waterways. That reduction of capacity, they say, contributed to flooding their homes and businesses.
Western half of LMI River Road mine in floodway and flood plain of San Jacinto West Fork.Note also in foreground how the mine undermined five pipelines carrying highly volatile liquids.
Background
To support their claims (¶613), plaintiffs cite violations of Texas Commission on Environmental Quality (TCEQ) regulations and the U.S. Clean Water Act. They claim:
Excessive, unauthorized discharge of silt into waterways
Failure to:
Obtain stormwater discharge permits
Prevent unauthorized discharges
Minimize generation of dust and off-site tracking
Past and Present Activities Cited
Some defendants, they say, operated above permit limits and others operated without any permits at all (¶614).
Plaintiffs say (¶615) that defendants have operated immediately adjacent to various waterways and in the flood plain, clearcutting all vegetation, and digging pits within feet of the riverbanks. Thus, there are no real barriers between mines and the rivers, they claim. Further, they allege that defendants have no plans in place for protection and preservation of their pits and loose sand during flood events, which occur frequently.
Then Came Harvey
Hurricane Harvey, they say, inundated mines and “thousands of acres of sand washed downstream, clogging the rivers and lakes, resulting in flood waters moving outside the banks and outside the flood plain, causing hundreds of millions of dollars in damages.”
Washed out road INSIDE sand mine during Harvey.Submerged sand mines in the floodway of the San Jacinto West Fork during Hurricane Harvey in 2017
Alleged Violations of Water Code
The defendants had a duty to implement procedures to reduce the discharge of sediment into waterways, but did not, according to the plaintiffs. Thus, the proximate cause of plaintiffs’ injuries involved negligence and negligence per se. Defendants allegedly breached their duties under sections 11.086, 26.039, and 26.121 of the Texas Water Code, thus causing flooding and damage to plaintiffs’ property.
To prove negligence, personal injury plaintiffs must show that the defendants’ conduct fell below the applicable standard of care and that their actions were the actual and proximate cause of harm.
In cases of negligence per se, defendants’ actions are assumed to be unreasonable if the conduct violates an applicable rule, regulation, or statute. That’s why lawyers cite the Texas Water Code, plus TCEQ and EPA regulations.
11.086 of the Texas Water Code provides that no person impound the natural flow of surface waters, or permit impounding to continue, in a manner that damages property of another by the overflow of the water diverted or impounded.
26.039 specifies that mine operators must notify the TCEQ of accidental discharges or spills that cause or may cause pollution as soon as possible.
26.121 prohibits discharge of pollutants. Both the EPA and TCEQ consider sediment a pollutant.
Specific Omissions
Specific omissions, say the plaintiffs, include failing to:
Locate sand mines outside of floodways
Increase the width of dikes
Decrease the slope of dikes
Control erosion with vegetation
Replant areas not actively being mined
Protect stockpiles from flooding
Mine only above the deepest part of the river
Flooding from Hurricane Harvey in Kingwood’s Town Center where 100% of businesses were disrupted, most for approximately a year. Some still have not reopened. Photo by John Knoezer.
Nuisance Claim
The plaintiffs also allege nuisance. Under Texas law, nuisance refers to a type of legal injustice involving interference with the use and enjoyment of property. Specifically, plaintiffs say that the defendants’ negligent conduct caused paintiffs’ flooding, thus depriving them of the use of their homes.
Complaint against Forestar by Barrington Residents
On page 108, a subset of plaintiffs (those who live in the Barrington), lodge a complaint against Forestar (USA) Real Estate Group Inc. They allege that Forestar developed, marketed and sold homes in the subdivision without any standards for determining the elevation of a house relative to flood risk.
The Long Ride to Safety During Harvey. Barrington Photo by Julie Yandell.
“Despite having actual knowledge of the possibility of flooding in the Barrington Subdivision, Forestar did not advise homebuyers to purchase flood insurance,” says the complaint (¶640). “Nor did Forestar advise the residents of the Barrington Subdivision of its location on a floodplain, or that their elevations were changed due to lots being filled with dirt” when residents purchased homes.
Nevertheless, the complaint continues (¶643), homes were built at an “unreasonably low” elevation, given their location near the West Fork San Jacinto. “Forestar knew, or should have known, that houses needed to be built at an elevation adequate to prevent and/or reduce the likelihood of flooding.”
Clean out after Harvey in the Barrington. By Joy Dominique.
Damages Alleged
Plaintiffs allege damages that include:
Cost of repairs to real property
Cost of replacing personal property
Lost of use of real and personal property
Diminution of market value
Loss of income, business income, profits and business equipment
Loss of good will and reputation
Consequential costs, such as loss of time from work and alternate living expenses
Mental anguish
Pre- and post-judgement interest
Court costs
Conscious Indifference and Gross Negligence
¶658 asserts that the conduct of all defendants (sand mines and Forestar) qualifies as gross negligence under Texas law. The plaintiffs say that the defendants acts of omission involved an extreme degree of risk, considering the probability and magnitude of harm to others. Plus, “Defendants had actual subjective awareness of the risk involved in the above described acts or omissions, but nevertheless proceeded with conscious indifference to the rights, safety and welfare of plaintiffs and others.”
Where Case Stands
129th District Court Judge Michael Gomez signed a docket control order on 2/28/2020 that calls for:
All parties in the suit to be added and served with notice by 8/19/2020
Close of pleadings and start of mediation on 12/16/2020
End of discovery on 1/15/2021
All motions and pleas heard by 1/15/2021
Trial, if necessary, on 2/15/2021
To date, there have been several motions to transfer venue, dismiss the case, and change the judge.
Only Triple PG Sand Development, LLC has filed an answer to the plaintiffs’ claims; the company filed a general denial.
In a separate case, the Attorney General of Texas is suing Triple PG for failing to prevent and repair breaches in dikes that resulted in repeated unauthorized discharges of process wastewater and sediment into Caney Creek. Caney Creek joins the East Fork San Jacinto just downstream from Triple PG. Triple PG currently operates under an injunction that bars it from dredging.
Breach of Triple PG mine into Caney Creek and the headwaters of Lake Houston
Editorial Opinion
If successful, this case may force sand mines to operate more responsibly, now and in the future. For instance, it might force them to move farther back from rivers and out of floodways. Having taken thousands of photos of leaking sand mines from the air since Harvey, in my opinion, that might benefit everyone, not just the plaintiffs.
Giant sand bar at the mouth of the West Fork which backed water up through much of Kingwood, Atascocita and Humble.Mouth bar on the East Fork San Jacinto grew by thousands of feet during Harvey and Imelda.Downstream from Triple PG and Texas Concrete Mines.
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/2019/12/20191203-RJR_5020.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-08-02 08:55:112020-08-02 09:24:31Approximately 1,000 Plaintiffs File Suit Against Sand Mines in Harvey Flooding
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
Mysteries at the Triple PG mine in Porter are deepening. In the 19 days before I took the pictures below, we got 0.63 inches of rain at the closest official rain gage (East Fork and FM1485). During that time, the temperature soared into the nineties almost every day and wastewater inside the Triple PG mine got lower. One pond has even almost disappeared. Yet, water outside the mine on neighbors’ properties got even higher. I cannot understand how this works.
Mysteries Defy Logic, Explanation
Dr. Guniganti, the cardiologist from Nacogdoches who owns the mine, must be a genius. He’s managed to construct a parallel universe – in Porter of all places. Porter now rivals Roswell and Area 51 as centers of paranormal activity.
In this parallel universe, Dr. Guniganti can make wastewater magically disappear.
Yet in another display of Dr. Guniganti’s magical prowess and beneficence, the good Doctor makes water fall from clear-blue skies to drench his neighbor’s properties free of charge.
No wonder the community has dubbed him, “Guniganti, the Guy Who’s Got It Going.” At first, I thought neighbors bestowed that phrase on Guniganti for his talent to keep trucks running all night long under the cover of darkness…even as he operated under an injunction by the State’s Attorney General.
The Phlegm of Legend
They used to write ballads about immortals like Guniganti. He’s right up there with Pancho Villa, the Mexican general who inked a deal with a Hollywood studio to film his men in battle for 20% of the gross.
Guniganti’s also going for the gold. He will not be outdone by Pancho Villa, Ray or Egon. I can see the headlines already:
Sandman Takes on Texas
It Ain’t Dumping Unless They Catch You
Man Saved by Covid
The last headline refers to the fact that Guniganti’s case was supposed to go to trial this week. But of course, it didn’t due to the pandemic and some last-minute filings. No telling what those last minute filings are; the Travis County Clerk says it may take up to two weeks to email the documents.
Pictures of the Paranormal
In the meantime, here are more pictures of the paranormal.
Notice how low the water is in Triple PG’s main process wastewater pond (blue/green). The blue/green color is likely due to high chloride levels in the waste water or cyanobacteria.This strip of property adjacent to the mine is owned by other people. Note how high the water is after two weeks of mostly 90 degree days and less than 2/3rds of an inch of rain. It’s a miracle!Compare the height of ponding water on each side of the road. Water is almost overflowing from the neighbor’s property back into the wastewater pond.Water in the next pond over is even lower. It’s almost gone. Guniganti appears to be draining the pond in the foreground so that he can “dry mine.” An injunction has idled his dredge. But how did that water get so low? Where did it go?Can Guniganti make water evaporate in different ponds at different rates?Next to that same pond, by Caney Creek (foreground), a trail of water of various hues leads down from the mine after weeks without rain.
Great Leaping Pond Scum!
Can Guniganti really have the power to make water evaporate from different ponds at different rates? How did water form puddles on the side of that hill? Did water leap out of this mine over the road? Or is Guniganti causing it to flow uphill from Caney Creek using anti-gravity powers?
A former high-level Public Works executive for the City of Houston suggested miners sometimes pump water over the side of their dikes at night.
But I can’t believe an immortal with paranormal powers like Guniganti would need a mechanical assist. Move over Roswell. We need Hollywood to investigate.
Posted by Bob Rehak on 6/27/2020
1033 Days since Hurricane Harveyand 282 since 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/06/20200616-RJR_4333.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-06-26 22:51:052020-06-27 11:00:12Triple PG Mine Case Extended While Mysteries at Mine Deepen
Who owns our rivers? In Texas, the state owns navigable streams and rivers. People may not obstruct them, drive through them, dump waste in them, or mine them – at least not without a permit. But sand miners constantly violate those laws with only slap-on-the-wrist fines that amount to another “cost of doing business.” Meanwhile, you are the one who pays the price.
Navigable Streams/Rivers Protected for Public
What does “navigable” mean? This Texas Parks & Wildlife web page describes the concept of navigability “in fact” and “in statute.” There is no precise test for whether a stream is navigable in fact. One court observed that “[w]aters, which in their natural state are useful to the public for a considerable portion of the year are navigable.”
“Since the days of the civil law of Spain and Mexico, obstructions of navigable streams have been forbidden,” the page begins. “Nowadays the Texas Penal Code, the Texas Water Code, and the Texas Parks and Wildlife Code contain prohibitions against obstructing navigable streams, and the Texas Natural Resources Code forbids unauthorized private structures.”
The Commissioner of the General Land Office has some authority to grant easements for rights of way across navigable or state-owned stream beds.
No Right to Obstruct Navigation
However, in general, no one has the right to obstruct navigation or interfere with recreation.
Parks & Wildlife Code § 90.008 states regarding Public Access: “Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.”
The “protected freshwater area” referred to above is defined in § 90.001 to be “the portion of the bed, bottom, or bank of a stream navigable by statute up to the gradient boundary.” That gets complicated, but generally, it means between vegetated river banks. Sand bars in a river are normally considered part of the river bed even if above water.
Numerous posts on this website have dealt with the legal limitations on discharging wastewater from sand mines. In general, it’s supposed to contain no more suspended solids and be no more turbid than natural levels in water upstream from the mine.
The only problem with that concept: when you have 20 square miles of sand mines in a 20 mile stretch of the river, it’s hard to find unpolluted water. In effect, the procedure/standard continually “lowers the bar” as you move downstream.
Out of Sight Makes Blight
What sparked this inquiry? As I fly up and down the West Fork, I see things normally out of public view. Such as miners’ dredge lines stretched across the river, blocking navigation. Such as trucks crossing rivers. Such as mines flushing wastewater down the river. Such as mining the riverbed, without permits or paying appropriate taxes.
Few people ever see these violations. And that has led to boldness on the part of miners. There’s little chance they will be caught. It’s kind of like speeding through a barren desert.
I have no idea whether any of the miners involved in most of the incidents below bothered to obtain permits. I do know that in many cases they have not.
Here is a small sampling of what I see from the air, month after month.
Dredge Pipelines Blocking River
Dredge lines block river at Hallett truck crossing.Dredge lines blocking river at Hanson Aggregates on West Fork in Conroe.
Vehicles Driving Through River
Truck crossing water at Hallett Mine.Vehicle about to cross river toward Hanson Aggregates Mine on West Fork
Breaches Dump Wastewater into Drinking Water
Breach at Triple PG mine into Caney Creek that was left open for months, now subject of a lawsuit by the Attorney General.Another breach left open for months at same mine.Breach into West Fork at Hallett Mine. Hallett says this was their stormwater outfall. It was open for years, but is now closed.Plugged breach at Hanson Aggregates on West ForkOften mines don’t breach directly into a river where it would be obvious. Here, the LMI River Bend mine drains onto adjacent properties which then drain to the West Fork. Same area as above but closer to breach.
Abandoned Without Reclamation
Equipment abandoned in floodway at abandoned West Fork mine. Note oily scum on water. Another abandoned River Aggregates mine perpetually leaks turbid water into West Fork. Even though mine is not active, an adjacent Hallett pit often leaks into this one and causes it to overflow.
Pumping Wastewater to River and Adjoining Properties
Triple PG mine pumped wastewater over its dike onto adjoining properties while operating under an injunction. Note how water is higher outside the mine (strip of trees in middle of image) than inside.Note pipe in dike at Hanson Aggregates mine at allows water to drain out into ditch that runs to river.Pumping water over the dike at LMI’s Moorehead mine.Pumping wastewater into West Fork at Hallett MineAt site of former breach, note how pipes now carry wastewater to West Fork from Hallett Mine.Water experts say that intense blue color is either cyanobacteria or extremely high chloride content in water.
River Mining Without Permit
River mining without permit at Spring Wet Sand and Gravel on West Fork.
Effect on Water Quality
Looking north at confluence of West Fork (top) and Spring Creek by US59. West Fork usually runs murkier than Spring Creek right. Almost all area sand mines are on West Fork.Same confluence as above but looking west.56,000,000 gallons of white goop from Liberty Mine breach turned West Fork (right) white.
Contributing to Blockages and Flooding
Rivers transport sand and sediment naturally. But with 20 square miles of sand mines built in the floodway of the West Fork upstream from the Lake Houston Area, miners have increased the potential for erosion 33x compared to the average width of the river. The pictures below, taken shortly after Harvey, show the results.
A six foot high dune not present before Harvey occluded the West Fork by 90% according to the US Army Corps of Engineers. More than 600 homes and hundreds of businesses flooded upstream from this blockage.West fork San Jacinto Mouth Bar after Harvey. Thousands of homes upstream from this blockage flooded during Harvey. It’s costing taxpayers more than $100 million to remove such blockages.
Please share this post with friends and family. It’s time to start getting ready for the next legislative session.
Posted by Bob Rehak on 5/30/2020
1005 Days since 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/2020/05/20191002-EF-WF-Aerial_632.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-30 15:50:562026-04-09 15:01:28Sand Miners Act Like They Own Our Rivers
Aerial photos taken on 5/11/2020 show wastewater on neighboring properties outside the Triple PG mine in Porter are higher than in the mine’s settling pond. If heavy rains materialize this weekend as predicted, that wastewater could be flushed downstream into the drinking water for 2 million people.
Mine Has History of Dumping and Pumping
Earlier this year, I photographed the mine pumping wastewater from its settling pond toward the neighboring properties. A TCEQ investigation confirmed that wastewater had exited the mine for the fourth time in a year. Investigators found that the wastewater had levels of suspended solids 676% higher than water from nearby White Oak Creek. But they also found that elevation differences had confined the wastewater and kept it from entering the wetlands near White Oak Creek.
Heavy Rains, Flash Flooding Could Flush Water Downstream
However, heavy rains predicted for later today and Saturday could change that. Jeff Lindner, Harris County Flood Control meteorologist says rainfall rates of 1-3 inches per hour will be possible and there is a slight (10-20%) risk of flash flooding, both days. Isolated totals could reach 6 inches on Saturday, he predicts.
How High Is Water On Neighboring Properties
So how high is the water outside the mine compared to inside?
In the photo below, note the two sets of arrows on either side of the road. The strip of trees under the upper right arrow does not belong to the mine. However, the land under the lower right arrow does belong to the mine. I included the second set of arrows because they are closer to the camera and that makes it easier to see the elevation difference in the water. Notice how much higher the water is on the right than on the left relative to the road.
Looking south at Triple PG mine in Porter. Photo taken 5/11/2020.Looking east over flooded properties (inside tree-line) that neighbor mine.Photo taken 5/11/2020.Terms of a temporary injunction restrict the mine from using its dredge. So the mine has started dry (or semi-dry) excavation. That meant removing wastewater from this pit.Photo taken 5/11/2020.
On January 20, 2020, I photographed the mine pumping water out of its settling pond toward adjoining properties. See below. The pit above can be seen in the upper left of the photo below.
See the pipe cutting diagonally from the middle of the frame to the lower right. Also note, the pond in the upper left of this image corresponds to the pond in the foreground of the image below.Note water level on January 20, 2020By February 13, three weeks later, that pond was largely empty. It is common for mines to pump water from one pond to another.But illegal to pump water outside the mine.
Why Mines Should Not Flaunt Rules
If approaching storms flush sediment- and chloride-laden wastewater downstream, it will end up in the San Jacinto East Fork and Lake Houston, the source of drinking water for 2 million people.
This underscores the need for the state legislature to pass laws that move mines out of the floodway. The Triple PG mine actually sits at the confluence of two floodways. That makes it vulnerable and dangerous…especially when an operator apparently flaunts rules designed to protect the safety of the public.
Posted by Bob Rehak on 5/15/2020
990 Days after Hurricane Harvey and 239 since 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/05/20200511-RJR_2662.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-05-15 09:49:002020-05-15 11:02:10As Heavy Rains Approach, Triple PG Wastewater Higher on Neighboring Properties Than In Its Settling Pond
Bright blue/green pond in foreground is part of Triple PG’s wastewater pit.
Likely Cause is Chloride Buildup
What is it then? “When you wash sand and gravel,” he said, “you often get very blue water. Most times it is high in chlorides. The chlorides discourage bacterial growth, or for that matter any life. The water is just too salty.”
Sand going to a big “washing machine.” The wastewater is then channeled to……a pond where silt settles out of the chloride-laden wastewater.Over time, the chloride concentration builds up and causes water to change color.
“Once a mine’s ponds get super saturated, they are no use to miners. That’s because they can’t wash the sand and gravel clean any more and they have to get rid of the water.”
Water-quality expert
“If it’s not chloride free,” he continued, “they can’t sell the sand because the chlorides will attack steel, such as rebar and girders, used to reinforce concrete. They also have to wash the sand used for pipeline bedding. If it’s not chloride free, the chlorides will attack the steel in the pipe over time.”
A construction manager for a major Houston refinery confirmed that chloride pitting and chloride cracking are indeed major concerns for pipelines. Not even stainless steels are immune.
Another part of the main wastewater pond at Triple PG mine
Saltwater Once Covered Entire Area
Where did the chlorides come from? The water-quality expert said, “This was a marine environment at one time, covered by saltwater. Over time, evaporation concentrated the chlorides and they were trapped by a confining layer…probably clay. Now that they are mining and washing material, the chlorides are the only thing left,” he continued.
“We used to see mines create dikes that were designed to fail in the event of a flood or heavy rain. If the chloride concentration got too high before a rain event, they would simply pump the salty water over the dike at night. Then they would replace it with fresh water and start the washing process over again. Dilution is the solution to pollution.”
Rapidly Changing Color Could Reveal Unauthorized Discharge
“If you continue to monitor this mine and the color disappears overnight, it’s a problem,” said the water-quality expert. That’s what I used to see often. The pond would become saturated and no longer usable. Then they would flush it out and it was usable again.”
The Triple PG mine currently operates under a temporary injunction and heightened scrutiny.
A Travis County judge set the trial date for June 22, 2020.
Flimsy Fixes to Other Dikes Remain
While the mine waits for trial, it has sealed those two breaches. But other prior breaches sport flimsy fixes that could wash out in the next large rain and discharge this water into the surrounding creeks. The mine has also been photographed pumping wastewater onto neighboring properties.
On 12/3/2019, I photographed the mine discharging waste water from what is now the blue pond onto neighboring properties.Site of repeated breach into Caney Creek from Triple PG mine (background), photographed on March 3, 2020.Site of another repeated breach into Caney Creek (left)from Triple PG mine, also photographed on March 3, 2020.
Potential Trouble Regardless of Cause of Color Change
Whether the color is due to high chloride content or cyanobacteria, it still poses a threat to drinking water. Chlorides would still need to be filtered out of drinking water pulled from Lake Houston. Cyanobacteria are worse. They often create toxins.
A World Health Organization (WHO) book called “Toxic Cyanobacteria in Water: A guide to their public health consequences, monitoring and management” claims WHO has found no documented cases of human deaths due to cyanotoxins. However, there have found many documented cases of animal poisonings. The most likely result of human exposure: dermatitis, “swimmer’s itch,” and severe oral and gastrointestinal inflammation. They also say cyanotoxins promote tumors in mice.
The Triple PG mine underscores the danger of allowing sand mines to operate in floodways and flush their wastewater downstream into the drinking water of 2 million people.
I will continue to monitor the color of the water to see if it changes rapidly.
Posted by Bob Rehak on 5/9/2020
984 Days since Hurricane Harvey and 233 since 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.
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/03/20200306-RJR_0052.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-04-06 18:39:052020-04-06 20:36:51TCEQ Alleges Fourth Unauthorized Discharge in 10 Months at Triple PG Mine
