Summary: Case Screening

Investigation:

On April 8, 2016, Mr. Ed Rutland received a request for assistance from TPWD Sgt. Robert Waggett. He sent an email stating, “I had a complaint relayed to me today involving Texas Concrete Sand and Gravel in Cleveland, Texas. Allegedly discharging turbid water in a creek and ultimately the West Fork of the San Jacinto River. A Game Warden went up there today and viewed clear water above the plant and yellow stained water below. I recall that Greg Ruff was looking into this or a similar location years ago. Any ideas?” After checking, I responded, “Sorry it took some time for me to look for the information. I looked through past conviction lists and did not see anything. I looked for TCEQ civil investigation history and only found

one report which is attached. I do not have access to Greg Ruff’s case history. TCEQ has strict retention policies so looking for criminal history on old cases is not possible the way it is with law enforcement agencies. Maybe Dan can come up with something.”

April 11, 2016
Water investigators Kelley Kartye address the complaint (#231066) and generated investigation no.

1330196. It was reassigned to Water investigator Stacy Pentecost, July 2016.

April 22, 2016

Greg Abbot, Governor of Texas, issued a disaster proclamation on April 18, 2016, certifying that sever weather and flooding event that began on April 17, 2016, has caused a disaster in many Texas counties. The regulated facility is located within Liberty County and listed as an impacted area.

May 09, 2016

A complete case screening with the investigator recommendation not to adopt as a case was submitted.

May 16, 2016

Stacy Wright received the case lead and was provided the related case file information.

On March 28, 2017, the case was transferred from Ed Rutland to me.

May 16, 2017, met with both Stacey Penecost and Jenny Town, Region 12 Water Investigators each provided information about their individual investigation of the regulated entity in the complaint. As a result, the facility received one complete report for the plant at Plum grove and #2 plant has open report. The investigators stated that the violation present was not related to the complaint of a discharge. The investigator provide the investigation number for a review; 1246849 and

2435617.

May 18, 2017
SGT Randy Button provide both photos and information addressing the complaint. He also provided photo and information of related to the complaint.

On June 15, 2017 I personally spoke with the plant manager, RR, at Plant #2. He informed me that the TCEQ water investigator, ISSSSS LONGRAM, was recently on site and conducted an investigation. He displayed both the business card and copy of closing remarks. I asked question specifically about the date of the discharge, and ask about compliance history. The plant manager was not working with the facility at that time but, the indecent was documented by the compliant; a onetime occurrence. Based on the information found regarding the facility, I recommend the case be closed for it fails to meet the criteria of criminal case. Additional, the case is being actively address by the TCEQ Region 12 Water.