The Facts

• Magnablend blends chemicals for the oil and gas industry (including fracking chemicals), agricultural products, wastewater treatment, and is a registered pesticides producer.
• Magnablend closed on the old Superconducting Super Collider (SSC) property on January 27, 2012. Legal efforts to prevent Magnablend from operating on this property have already begun. Efforts to oppose and deny TCEQ permit applications will also require legal representation when participating in contested case hearings.
• The SSC location is surrounded by land used for agriculture and residential properties.
• A dairy farm adjoins the SSC location and distributes milk nationally, thus putting the domestic food supply at risk.
• Runoff water from the SSC location flows into Lake Waxahachie and is Waxahachie's drinking water source.
• The SSC location is only accessible by narrow and dangerous Farm-to-Market roads rated at 52,480 lbs. Magnablend will be using these roads to hazardous and possibly toxic chemicals at weights up to 80,000 lbs.
• On December 12, 2011, the Ellis County Commissioners' Court removed a deed restriction preventing companies like Magnablend from operating on the SSC property. Residents were not made aware of this upcoming change and the Commissioners' Court agenda was vague, therefore not making it clear what property or area the deed change request was made for or what the deed change would include.
• Members of the Ellis County Commissioners' Court have told residents multiple times that they have no legal authority to prevent Magnablend from operating on the property.
• The Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) refuse to get involved citing they have no authority.
• Scott Pendery became CEO of Magnablend on or about May 31, 2011 when Austin Ventures, TGF Management Corp, and Cotton Creek Capital became investment partners when Magnablend founders David and Darlene Pendery retired.
• Mr. Pendery has stated that Magnablend has seen a significant growth in its business and has experienced growing pains.
• The Magnablend Central Facility violently exploded on October 3, 2011 and released an unknown amount of chemicals into the environment (air, water, and soil).
• EPA water test results from a nearby pond and other runoff water revealed exceedances of heavy metals and trimethylbenzene. TCEQ estimates that 2,100 to 2,200 fish died in the pond.
• TCEQ initiated enforcement action against Magnablend on January 27, 2012 by assigning a TCEQ docket number for a future hearing related to the fish kill.
• Some TCEQ air quality test results revealed signficant values above safe EPA guidelines for particulate matter 2.5 microns and smaller.
• After approximately four months as the head of Magnablend, Mr. Pendery experienced the catastrophic fire leaving residents to question his ability to safely operate a chemical plant that handles hazardous and possibly toxic chemicals.
• The Central Facility opened near 2008 and the complete destruction of the facility occurred approximately three years later.
• Despite promises of remediation, Magnablend has still failed to clean up the site after four months. Contaminated water entered creeks and ponds that feed into lakes that supply our drinking water on the day of the fire. A breach of containment ponds was experienced within weeks.
• Another significant breach in the containment ponds occured January 24, 2012 and January 25, 2012. Unknown amounts of chemicals entered creeks that feed into lakes that supply our drinking water.
• The Magnablend Powder Plant was cited by the Texas Commission on Environmental Quality (TCEQ) on December 13, 2011 for alleged violations.
  
  "Failure to operate emissions control equipment during the operation of a facility which emits air contaminants."
  
  "Failure to prevent the release of air contaminants not authorized under 30 TAC 106.261."
  
  "Failure to submit notification of air contaminants emitted from facilities authorized under 30 TAC 106.261."
• The EPA initiated action against the Magnablend Liquid Plant on June 3, 2005 for not filing a Risk Management Plan. Magnablend settled the claim with $780.
• Mr. Pendery cites Magnablend's 32 year safety record, but the true facts are that the Central Facility violently exploded and released an unknown amount of chemicals within approximately four months under his leadership, the Central Facility was only operational for approximately three years before it was destroyed, the company continues to be unable to remediate and contain the accident after four months, other facilities have received violations recently, and the company was cited in 2005 for not complying with safety regulations by not filing a Risk Management Plan.

Magnablend DOES NOT belong in an agricultural area or near residential properties.