Our Research

An honest look at Magnablend's SSC FAQ

Magnablend released a FAQ page yesterday to answer some questions the community has been asking. We address some important issues and claims made by Magnablend. We also raise additional concerns in response to the FAQ.

"The property has multiple buildings onsite that will allow us to segregate raw materials, finished goods and manufacturing processes to ensure the safest possible operation. In addition, with 135 acres, the sheer size of the property will give us a buffer between us and our neighbors that is 10 times larger than any of our other facilities. From a safety perspective, the SSC property has a significant collection pond and a multi-acre retention pond which would enable us to keep any runoff on our own property."

We understand this to imply that Magnablend CEO Scott Pendery does not believe safety measures Magnablend's existing Waxahachie plants provide the safest possible operation. An adequate safety buffer does not exist between the facilities and residential property.

The Magnablend Liquid Plant at 100 W Sterrett Rd is only 150 yards from a neighbor's front door. The Magnablend Powder Plant at 1406 W Marvin Ave is located in the middle of a residential area and the company transports hazardous chemicals between buildings across W Marvin Ave via forklift. Should an accident happen at either location, runoff from the property would immediately inundate residential property thus contaminating water and soil outside of Magnablend's property line. Additionally, a higher risk of hazardous chemicals entering the city storm water drainage system exists.

To specifically address the buffer zone at the SSC property, a buffer zone does not ensure safety for the nearby agricultural and residential properties nor does it ensure the safety of Lake Waxahachie, which is the city's source for drinking water. A nearby creek runs directly into Lake Waxahachie and could carry contaminates from Magnablend into the lake. As demonstrated on October 3, 2011, runoff from fighting the fire at the Magnablend Central Facility could not be adequately contained thus contaminating and polluting nearby property, a neighbor's ponds, and drainage ditches in front of nearby property. Additionally, it was reported that some chemically-laced runoff had entered the city storm water drainage system. Water containment also does not contain air emissions or hazardous and toxic vapors.

"With 250 permanent employees locally the SSC site keeps our current jobs in the community and gives us room to absorb the expected growth over the next 5 years."

The 250 employee estimate is for all Magnablend locations in Waxahachie. This number is being thrown out to the public by Pendery to scare the community into thinking 250 jobs are at risk. Pendery has already stated that the Liquid Plant and Powder Plant will not be consolidated into the SSC campus. Therefore those jobs are not at risk unless Pendery closed those locations and moved them out of Ellis County. If this were to occur, it would Pendery's doing, as the community is neither asking nor wanting Magnablend to leave Ellis County. The 250 number is being used by Pendery as a scare tactic.

"The SSC site is a general purpose site with no specific zoning. The buildings, roads, utilities, fire suppression, and safety features are all extremely robust and were built to support the heavy equipment and hundreds of people necessary to construct, test, install, and manage the complexities of the world's largest atom smasher. We are evaluating all systems to ensure they will meet or exceed our needs."

There is no zoning for property outside of city limits, therefore Pendery stressing that the property has 'no specific zoning' does not mean the property is suited for a hazardous chemical company. The fact is that Ellis County placed a deed restriction on the property in 2006 when they sold it to Collider Data Center LLC under the ownership of Hunt Ventures, a J.B. Hunt company. This deed restriction clearly and specifically prohibited businesses like Magnablend from operating on the property. The Ellis County Commissioners' Court voted unanimously on December 12, 2011 to remove this deed restriction, thus removing any protections the community had. This agenda item was obscure in nature, which did not provide the public adequate knowledge of what damage the Ellis County Commissioners' Court had in store for the community and therefore did not have the opportunity to voice opposition to the change.

"The SSC site is a magnificent property which we will be proud to own and manage. We will clean it up, make all the necessary repairs, and landscape the property so it is no longer an eyesore. We take pride in our facilities and plan to make this one a showpiece. We will support the same industries we've supported over the past 32 years and this facility is simply an expansion of our existing facilities. We are not closing and relocating our liquid and powder plants to this campus."

Visually enhancing the property does not ensure safety, does not prevent accidents, does not stop daily pollution and emissions, and does not change the fact that this location sits immediately next door to a dairy farm and other agricultural land. Supporting the same industries means that Pendery plans to continue producing fracking chemicals, wastewater treatment chemicals, and pesticides at the new facility. In an agricultural area? Seriously?

"Safety is always a top priority and we are continually evaluating our facilities, processes and procedures to ensure compliance with TCEQ, EPA, OSHA, DOT, and DHS regulations. The SSC facility has many safety features already in place including a robust fire suppression system. We are currently evaluating all the safety systems to ensure they will meet or exceed our needs. Any adjustments will be made as necessary."

Obviously safety did not prevent the fire and explosions at Magnablend's Central Facility on October 3, 2011. The community also cannot trust compliance with the agencies mentioned. Magnablend's Powder Plant was cited for alleged violations of existing TCEQ requirements. These violations included emitting chemicals into the atmosphere in violation of existing permits and TCEQ requirements. The facility was also cited for not having property safety equipment operating during the mixing of chemicals. When dealing with hazardous, volatile, and toxic chemicals, there is no room for incompetence or negligence. Not operating proper safety equipment falls into both of these categories. The accident on October 3, 2011 at Magnablend's Central Facility also demonstrates incompetence or negligence whether it was in planning property safety procedures, calculating the correct formulas for mixing chemicals, or adhering to proper procedures for mixing chemicals.

Additionally, TCEQ and EPA regulations allow for emissions within regulated standards. This means that the plant will be producing and introducing emissions into the environment. Livestock, milk, and other agriculture that are distributed nationally will be exposed to these emissions. TCEQ and EPA do not conduct inspections or investigations into facilities like Magnablend until an accident occurs or a complaint is filed. Therefore, there is no assurance of compliance until something goes wrong or is suspected to have occurred. Government policies and agencies, including the TCEQ, are reactive rather than proactive, which puts the community at a high risk of danger.

"We understand the concerns of residents who live near the proximity of the Super Collider property and have already visited with several of the neighbors and the leaders of the newly formed 'Ellis County Concerned Citizens Committee.' We plan to maintain an ongoing relationship with the neighbors and will meet regularly to address their concerns."

Although Pendery has reached out to a few residents near the SSC property, he has failed to reach out to the majority of them. Not every resident in the area is part of the Ellis County Concerned Citizens group nor were they aware of Magnablend's plans until recently. Many have been voicing their concerns and opposition on public forums and through other recommended contact channels.

Pendery makes it sound like him reaching out to the group and some residents has gained the support of Magnablend to move into the neighborhood. However, a resident, on behalf of Ellis County Concerned Citizens filed the first legal motion on January 17, 2011 to fight Magnablend's plans to invade the neighborhood. Ellis County Concerned Citizens and area residents are strongly opposed to Magnablend moving into their neighborhood. Pendery does not have the support of the community as was demonstrated in a community meeting where over 200 residents appeared and over 120 residents also attended an Ellis County Commissioners' Court meeting on January 9, 2012. Residents have overwhelmingly stated that Pendery needs to consider locations that are specifically zoned for industrial use.

Pendery claims he has reached out to residents near the SSC property and has spent a great deal of time focusing on the expansion to the SSC property. However, residents who were adversely affected by the fire on October 3, 2011 are outraged that he has not shown any consideration for them. Pendery is too busy trying to gain community support for his expansion efforts than he is caring about the residents whose lives he has made miserable. Pendery is clearly demonstrating that he cares more about profits and growth than he is about the welfare of the citizens of Waxahachie.

"We plan to direct trucks to our facility from I-35 using either FM1446 orFM66 via Arrowhead Road. We expect 5-10 inbound trucks and 5-10 outbound trucks per day by the end of the first year. According to TXDOT's 2010 analyses of FM 66 and FM 1446, our trucks will increase traffic on the roadways less than one percent."

What about the increase in traffic in future years as Magnablend continues expanding on the 135 acres? What about the hauling of highly flammable, toxic, and hazardous chemicals down unsafe farm-to-market roads where accidents and deaths are already a problem?

"When inquiring with the Ellis County officials about proper testing procedures on county roads, we were given several names of authorized, third party testing companies. Alpha Testing was one of those companies and Magnablend hired them to perform tests on Arrowhead Road, Perimeter Road, and Hoyt Road. The results conclude that the roads should remain in good repair for 3 to 10 years, even if we average 50 trucks per day weighing 80,000 lbs. each. TXDOT maintains the Farm-to-Market roads and Ellis County maintains the county roads. Heavy weight trucks will purchase permits to help fund future repairs."

Taxpayers will be responsible for repairs to the damaged roads caused by Magnablend. Studies already indicate that revenue raised from issuing overweight permits obtained from the Texas Department of Transportation (TxDOT) do not recoup repair costs, thus leaving the burden on taxpayers. What about the additional hassles of more frequent road repairs that will no doubt inconvenience residents of the area?

"Magnablend takes pride in our facilities and will greatly improve the visual image of the SSC property and buildings. With our continued growth and expansion we believe our employees will increase the market of individuals interested in purchasing homes and property in the immediate vicinity."

This is absurd evaluation. Home purchase demand from Magnablend employees will not be enough to maintain property values for property located near a hazardous chemical plant that produces fracking chemicals or pesticides. In fact, property values are likely to decline even quicker because Magnablend experienced a catastrophic accident recently. The stigma that Magnablend will bring to the neighborhood will devalue property immediately.

"A LEPC is a valuable tool for the community to understand potential chemical hazards in the community, develop emergency plans in case of an accidental release, and look for ways to prevent chemical accidents. Ellis County does not currently have a LEPC. Magnablend has reached out to newly appointed Ellis Co. Fire Marshall Joseph Steward and offered our support in establishing an Ellis County LEPC."

That's all fine and dandy, but this will happen with or without Magnablend's and Pendery's support. It is unthinkable that Ellis County officials allowed the Local Emergency Planning Committee (LEPC) to fade away, but the recent fire at Magnablend demonstrated the immediate need for reactivation. Companies do not determine whether LEPCs exist; LEPCs are mandated by federal law.

Magnablend CEO Scott Pendery's continued actions show complete disregard for the safety, health, concerns, and welfare of the community of Waxahachie and citizens of Ellis County whether they are residents who have already suffered from the hand of Pendery or will be subject to his actions should he continue with the expansion to the SSC property.

If you would like to contribute funds to Ellis County Concerned Citizens to help with their legal fees and other costs associated with putting a halt to the invasion by Magnablend, you can drop donations off at the group's attorney's office.

Law Office of Rodney Pat Ramsey
201 E. Main, Suite 201
Waxahachie, Texas 75165
Phone: 972-935-9111

All funds will be placed into an IOLTA / Trust Account and the law office will handle all accounting for the group's cause. Ellis County Concerned Citizens sincerely appreciates your continued support.

Concerned residents are being encouraged to continue contacting the people and agencies listed in this linked article.

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Created on Friday, 20 January 2012 21:27

Category: Magnablend Our Research

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roger gibson (01.25.2012 (05:18:48))

Deed Restrictions Great article and research. The Deed Restrictions were placed by the Texas General Land Office. The same ten restrictions on the SSC are also on all the properties sold on tracts on FM1446, Arrowhead, FM 66, Greathouse and the other roads sold at sealed bid auction by the Texas General Land Office over a three year or so period. Do not see any way Ellis County has any right to modify these deed restrictions out in the open or by calling them by Quarter Horse Acres or whatever a long ago plat called the area of the SSC!!!!

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