Our Research

The Magnablend battle will continue

Now that local and metroplex media have had the opportunity to break the story about Magnablend purchasing the old Superconducting Super Collider (SSC) property on FM 1446 in Waxahachie, it's our turn.

Because we were talking with the media about the breaking news, we chose to let them break the story rather than us. Plus, we were very busy conducting more research, answering questions, and speaking with other residents.

At about 10:20 am Tuesday, we conducted a document search on the Ellis County Clerk's records system. We found new records for the SSC property that were filed on Monday.

Dates on the records showed that Big Horn Lodge Financing LLC released the property lien to Collider Data Center LLC on Dec. 16. Collider Data Center LLC is the JB Hunt / Hunt Ventures company that owned the property and Big Horn Lodge Financing LLC was the financing company.

The deed was then transferred to PMF Capital LLC on Jan. 27. PMF Capital is located at 1209 Orange Street in Wilmington, Delaware. Magnablend's name does not appear on the new Special Warranty Deed.

We feel that it is interesting to note 'Exhibit A' of both documents exclude the reference to 'Quarterhorse Estates' or 'Quarter Horse Estates' as included in previous deeds.

At about the same time we were conducting our research, it appears that Magnablend was sending out a press release to the media.

The Waxahachie Daily Light released their first breaking news article at 11:00 am, Phil Banker with the Ennis Daily News began working on his story for Wednesday's edition, Brett Shipp with WFAA was headed to Waxahachie to interview residents for the 10:00 pm broadcast, and Omar Villafranca with NBC 5 headed down to interview more residents for their evening broadcast.

Online research shows the registered agent for PMF Capital LLC is The Corporation Trust Company and both businesses share the same physical address. According to a website address provided by the Better Business Bureau for The Corporation Trust Company, the company states:

"You have a business to run, and a brand to protect. When corporate and business compliance gets out of hand, it can undermine both. CT helps you navigate the relentless and often overwhelming compliance environment, protecting your reputation and your bottom line. So you can get back to running your business."

With Magnablend having been cited by the EPA in 2005, the Powder Facility receiving multiple citations late in 2011, the Oct. 3 explosions and chemical releases at the Central Facility after only three years of operation and four months under Scott Pendery's leadership, containment ponds with contaminated water being breached and dumping contaminated water into creeks that feed Lake Bardwell on Jan. 25, an ongoing investigation by the Texas Commission on Environmental Quality (TCEQ), and public outcry caused by Magnablend's planned move to the SSC facility, it is of no surprise that Magnablend chose to involve a company that helps businesses who have compliance issues that have gotten out of hand and companies that have damaged their own reputation.

The TCEQ assigned docket number 2012-0251-IHW-E on Jan. 27 for a pending formal enforcement action against Magnablend in regard to the contaminated ponds.

Although Magnablend has purchased the SSC property, the fight is not over. There is still pending legal action in regard to the Ellis County Commissioners' Court removing a deed restriction on the property on Dec. 12.

The TCEQ also provides residents a mechanism to request public hearings for new permit requests, contest permit applications, request reconsideration, and protest decisions. Residents are encouraged to become familiar with the process prior to Magnablend filing permit applications. More information about the process can be found at the link below. Residents are also encouraged to use the telephone numbers at the bottom of the linked document to become more familiar with the process.

http://www.tceq.texas.gov/agency/permitting-participation/pub_part.html

The Ellis County Concerned Citizens group is still requesting contributions to the legal fund that will assist with putting a halt to Magnablend from operating a hazardous chemical plant on the SSC property. More information about how to contribute and help can be found on their website at http://EllisCountyConcernedCitizens.org/.

Ellis County residents are still being encouraged to attend every Commissioners' Court meeting in large numbers to ensure nothing else is passed without public involvement, to show determination against how the court handled removing the deed restriction on the SSC property, and prove their dissatisfaction with vague agenda descriptions.

The next Commissioners' Court meeting is scheduled for Feb. 13 at 10:00 a.m. on the second floor of the Historic Ellis County Courthouse located at 101 W. Main St. in Waxahachie.

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