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Magnablend's new history for Waxahachie

Magnablend CEO Scott Pendery keeps touting a 32 year compliance and safety record for Magnablend. However, the facts are painting a different picture.

It was an 82 degree day on June 3, 2005 with 9 mph winds blowing from the east when the Magnablend Liquid Facility on Sterrett Road in Waxahachie settled civil case number 06-2005-3540 filed by the Environmental Protection Agency (EPA). Magnablend was charged with a violation of section 112(r)(7) of the Clean Air Act.

Section 112(r)(7) of the Clean Air Act required Magnablend to implement a Risk Management Plan (RMP) that contained a hazard assessment, a prevention program, and an emergency response program.

The Magnablend Central Facility on W. U.S. Hwy 287 Bypass received their industrial and hazardous waste registration from the Texas Commission on Environmental Quality (TCEQ) on a comfortable November 5, 2007 day with temperatures around 82 degrees and winds blowing from the south at 8 mph.

After founding Magnablend on May 29, 1979, owners David and Darlene Pendery chose to retire in 2011. Magnablend was turned over to nephew Scott Pendery and three venture capital firms: Austin Ventures, Cotton Creek Capital, and TGF Management on a warm 93 degree day with 9 mph winds blowing from the southeast. May 31, 2011 marked the official day of the new corporation with Scott Pendery leading the growing company as the CEO.

Fast forward four months and three days to a gorgeous 87 degree day in Waxahachie with winds blowing out of the southeast at 4 mph. It was going to be another appreciated day after suffering from a summer of record-breaking heat waves and one of the worst droughts in Texas history.

At approximately 10:30 am, the City of Waxahachie experienced the beginnings of its worst environmental threat since its incorporation 141 years earlier. The gleaming history of Waxahachie and generosity from Nicholas P. Sims, R.W. and Helen Getzendaner, Mrs. Quincy Getzendaner, Dr. W.C. Tenery, and Dr. W.D. Boyd left the minds of residents as they witnessed the Magnablend Central Facility go up in flames and pour hundreds of thousands of pounds of toxic and hazardous chemicals across the lands and water of this historic town.

The sounds of a peaceful way of life disappeared with explosions and the beautiful blue sky was darkened by fears of toxic chemicals making their way across the county in the dark smoke that blanketed the sky.

As residents worried about their health, Scott Pendery, Magnablend officials, and local officials assured the community everything was safe. The EPA and TCEQ finally released raw water and air sample test results that erased the words ensuring safety. Over the next few weeks and months, more residents began to report health problems thus casting more doubts on the assurances that residents were safe.

The Magnablend Central Facility had only been operational for approximately three years before the fire and explosion.

The catastrophic Magnablend Central Facility fire prompted the TCEQ to conduct an investigation into the Magnablend Powder Facility on W Marvin. The TCEQ cited the facility on December 13, 2011 for three alleged violations that include: failing to operate a dust collection system while blending chemicals resulting in visible emissions, failing to prevent the release of contaminants prohibited by the TCEQ for a full year, and failing to submit notification of air contaminant emissions without a permit for a full year.

Maintaining the operation of a dust collection system is extremely important when dealing with combustable chemical powders. Combustible dust poses a significant risk and can result in an entire facility explosion. Emitting chemicals prohibited by the TCEQ also poses an additional risk to nearby residents. There is a specific health and environmental reason why the TCEQ prohibits emissions from certain chemicals.

As a result of the chemical releases from the Oct. 3 fire, approximately 1,800 fish died in a pond on private property. After already experiencing one breach of the ponds, and a failure to quickly remediate the affected properties and bodies of water, a significant breach occurred on January 25, 2012. An unknown amount of contaminated water flowed into Katy Lake and Waxahachie Creek. Waxahachie Creek flows into Bardwell Lake, which is a source of drinking water for the City of Ennis and Waxahachie.

Once again residents are being assured that everything is okay and there is nothing to worry about. City officials seem unconcerned, but residents are frightened; especially those who have already been experiencing health effects from the Oct. 3 fire.

Magnablend CEO Scott Pendery continues with his plans to build in an agricultural and residential area outside of city limits, thus eliminating the company from more stringent regulations. Mr. Pendery assures residents he operates a safe company, that the company complies with all laws, and the company has an excellent safety record for the past 32 years.

Now that Magnablend is under more scrutiny from the TCEQ, its failure to maintain compliance is coming under question as violations are issued. It is amazing what one catastrophic accident can reveal about a company that claims it complies with all laws and regulations and assures the community that their health is not at risk.

Phil Banker with the Ennis Daily News made an excellent point on January 27, 2012. He compared Mr. Pendery's wish for Magnablend to return to anonymity to BP CEO Tony Hayward saying he wanted his life back. Ouch, that was painful, but Mr. Banker made an excellent observation and hit the nail on the head. Now only if Mr. Pendery would listen to the wise words of Mr. Banker.

Residents who care about their neighbors, children, the community, and the environment recognize that although Magnablend has had a fairly safe record (on paper - or the lack thereof) in its 32 years, they cannot get over the idea that a facility only three years old violently exploded and released an unknown amount of toxins into the environment in just over four months under Mr. Pendery's leadership. Many feel that Mr. Pendery is unfit to lead a hazardous chemical company.

Mr. Pendery was quoted in the Waxahachie Daily Light as wishing the company could have its anonymity back. Many residents probably wish for the same thing, but at least the community now knows the significant risk that Magnablend creates for a community that values its history.

The lack of transparency and concern from Mr. Pendery, Magnablend, city and county officials reinforce the fears residents have. 

Magnablend and Scott Pendery have now given Waxahachie a new history to be remembered by. That history will be about the fracking chemical and pesticide company blowing up and sending toxic chemicals throughout the environment while also pushing hard against residents to build another toxic and hazardous chemical plant next to a dairy farm and residential area.

Maybe one day the country will forget the name 'Magnablend' when the company is long gone, but Waxahachie will always be remembered by "that chemical plant that blew up."

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