Investigation continues for Rio Hondo burned warehouse

RIO HONDO — The owner of a large warehouse near Rio Hondo that burned to the ground last week is under investigation by state environmental authorities, and it isn’t the first time, the Texas Commission on Environmental Quality said.

The fire at the warehouse off FM 106 consumed more than 6,000 gallons of paint, 200 gallons of deck cleaning solution, 100 pints of porch and floor enamel, and 75 32-ounce containers of wood preservatives as well as laundry detergent, cleaning equipment and tools, officials said.

Those items are only what investigators have documented so far, said Lisa Wheeler, a TCEQ spokeswoman.

The Star, thus far, has been unable to reach the property’s owner, William Templeton, for comment.

Cameron County Emergency Coordinator Humberto Barrera said sparks from the torches of two workers who were welding accidentally started the fire. No one was injured.

The warehouse and its owner were first investigated by TCEQ in October 2008, the agency said.

“During the investigation, the respondent (Templeton) was found to be in violation of TCEQ rules,” Wheeler said via email. “Specifically, the respondent failed to prevent the unauthorized disposal of municipal solid waste and failed to immediately abate and contain the spill or discharge of paint.”

She said Templeton was cited and required to remove and properly dispose of the solid waste and remediate all areas of soil impacted by the paint.

“A follow-up investigation was conducted in September 2009 and it was determined that the respondent had not taken any action to resolve the violations,” she said. “The investigation was referred to the TCEQ’s Enforcement Division where an agreed order was issued in September of 2010 that assessed a penalty and required the respondent to properly dispose of the waste and conduct remediation activities at the site.”

The penalty was $2,100, with $420 deferred and a payable penalty of $1,680, TCEQ said.

“The order also required the respondent to cease disposing of additional waste, properly dispose of the existing waste, and to conduct appropriate remediation activities at the site,” Wheeler said.

Prior to last week’s fire, a TCEQ investigator visited the warehouse in November 2011.

“A report of the investigator’s findings was in the process of being referred to the Enforcement Division,” she said. “That investigation and report has subsequently been reopened to incorporate the findings related to the fire incident.”

And so, the investigation continues.

“TCEQ investigators are conducting site assessments to determine the extent of the fire, the types and amounts of material that were burned, in addition to the extent of harm to the environment, including surrounding property,” she said. “Documented information will also be used to communicate clean-up and remediation that will be required by the respondent.”

Wheeler said the investigation could wrap up in two or three weeks, depending on contact and communication with Templeton.

“All information gathered will be documented in a final comprehensive compliance investigation report. The final report will be forwarded to the TCEQ Enforcement Division,” she said. “The Enforcement Division will determine the appropriate course of action, which may include, but not be limited to an administrative order, referral to the Office of the Attorney General for lawsuit, referral to the Environmental Protection Agency for enforcement action, and/or criminal prosecution.”

Barrera said the fire took two days to completely douse. He described the charred aftermath as a disaster.

“It’s a disaster because it impacts our county, our wildlife and has a potential to impact water tables,” he said. “I’m very confident that TCEQ will do what they have to do to get the site back to normal. Templeton has been cooperating with our office and hopefully we’ll find a resolution. Again, it’s TCEQ’s case and our main concern is making sure we keep people in the area safe.”

The property is across the street from Las Yescas Elementary School, which is part of the Los Fresnos Consolidated Independent School District.

But TCEQ’s investigation doesn’t mean Cameron County Emergency Management is going to stay clear of the investigation or of the property.

“We do go back and we keep an eye on the property and people involved when events like this happen. We monitor the progress and make sure that the people responsible are cleaning up and if nothing has happened, as far as clean up, we follow up with TCEQ,” Barrera said. “And sometimes, because of the court process, it takes a while for a resolution.”

Templeton’s property is in TCEQ’s Region 15, which is based in Harlingen and covers an 8,898-square-mile area that includes Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr and Willacy counties. David A. Ramirez is acting regional director. Calls to his office inquiring about the investigation into the fire were referred to TCEQ’s media relations branch, which is located in Austin.

The fire that consumed Templeton’s warehouse off of FM 106 near Rio Hondo is the second fire involving a TCEQ investigation in the Lower Rio Grande Valley within the past six months.

Last August, a fire consumed a pile of approximately 22,000 tires at Waldrep Salvage, owned by Bobby Ray Waldrep, in San Benito. Texas Attorney General Greg Abbott accused Waldrep of numerous violations of the Texas Solid Waste Disposal Act.

Abbott’s office sought civil penalties of up to $25,000 for each day the facility operated in violation of state environmental laws, plus a court order requiring Waldrep to clean up the tire dump.

According to a November 2011 news release from Abbott’s office, Waldrep was cited for failure to obtain mandated permits for outdoor burning and receipt of scrap tires, failure to maintain proper management of the site to prevent runoff and fire outbreaks, and failure to remove collected tires, which the state never authorized.

TCEQ referred enforcement action to the Attorney General’s office.

Wheeler said TCEQ did investigate the Waldrep Salvage fire and referred it to TCEQ’s Enforcement Division, which transferred it to the Office of the Attorney General.

Tom Kelley, a spokesperson for the Office of the Attorney General, said enforcement action on that case is still pending and there is nothing new to report.

As for Region 15, it has 12 environmental investigators with local environmental, code and law enforcement agencies. While Region 15 contains many miles of unpopulated areas, with 12 environmental investigators, that is one investigator per 741.5 square miles.

Wheeler said TCEQ conducts several types of investigations to identify and control problem areas.

“The TCEQ conducts different types of investigations, including, but not limited to scheduled investigations, unannounced complaint investigations, and emergency response investigations,” she said. “In addition, the TCEQ can conduct an investigation where site conditions warrant an on-site visit even if no complaint has been received.”

Once TCEQ completes an investigation, the appropriate level of enforcement is determined.

“The TCEQ describes the corrective action requirements to be met for resolving alleged violations,” she said. “The requirements include a timeframe by which a violation must be corrected.”

The agency then monitors whether violators comply.

“And if it is determined that corrective actions have not been completed within the required timeframes, the TCEQ can initiate further enforcement up to and including referral to the Office of the Attorney General,” Wheeler said.