6/17/2020 4:07 PM Velva L. Price District Clerk Travis ... · 6/17/2020 · Defendant Prabhakar R. Guniganti is an individual, sole director of Triple P.G. Sand Development, L.L.C.,

Cause No. D-1-GN-19-007086

STATE OF TEXAS Plaintiff, v. TRIPLE P.G. SAND DEVELOPMENT, L.L.C.; GUNIGANTI FAMILY PROPERTY HOLDINGS, L.L.C.; PRABHAKAR R. GUNIGANTI, individually and as Director of TRIPLE P.G. SAND DEVELOPMENT, L.L.C. and Manager of GUNIGANTI FAMILY PROPERTY HOLDINGS, L.L.C.; and GUNIGANTI CHILDREN’S 1999 TRUST, Defendants.

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IN THE DISTRICT COURT

TRAVIS COUNTY, TEXAS

126TH JUDICIAL DISTRICT

THE STATE OF TEXAS’S FIRST AMENDED PETITION AND APPLICATION FOR INJUNCTIVE RELIEF

The State of Texas, by and through its Attorney General, on behalf of the Texas

Commission on Environmental Quality (“TCEQ”), files this First Amended Petition and

Application for Injunctive Relief against Triple P.G. Sand Development, L.L.C. (“Triple P.G.”);

Guniganti Family Property Holdings, L.L.C.; Prabhakar R. Guniganti, individually and as Director

of Triple P.G. Sand Development, L.L.C. and as sole manager of Guniganti Family Property

Holdings, L.L.C.; and Guniganti Children’s 1999 Trust.

INTRODUCTION

Repeated berm breaches around the dredge ponds of sand mine operator Triple P.G.

resulted in unauthorized discharges of sediment-laden process wastewater (industrial waste) into

waters of the state, specifically Caney Creek, which leads directly to the East Fork of the San

Jacinto River, then to Lake Houston. Pursuant to its statutory authority, the State filed this lawsuit

to protect the quality of water in the state. Triple P.G. agreed to injunctive relief requiring, among

6/17/2020 4:07 PM Velva L. Price District Clerk Travis County

D-1-GN-19-007086Nancy Ramirez

STATE V. TRIPLE P.G. SAND DEVELOPMENT, L.L.C., ET AL. FIRST AMENDED PETITION AND APPLICATION FOR TRO, TEMPORARY AND PERMANENT INJUNCTIONS 2 OF 18

other obligations, that Triple P.G. (1) would not conduct any dredging operations at the site or

engage in operations that discharge process wastewater and (2) would immediately and

permanently cease and prevent all discharges of process wastewater from its pits. Prior to

expiration of the Temporary Injunction or the conclusion of Triple P.G.’s obligations thereunder,

Triple P.G. transferred sand mining operations at the site to another operator who is not explicitly

bound by the terms of the injunction. Upon information and belief, officers and/or landowners

affiliated with Triple P.G. retain control of the site by virtue of property ownership and/or

contractual relationships.

Texas Water Code Chapter 26.121(c) provides that “[n]o person may cause, suffer, allow,

or permit the discharge of any waste” in violation of the statute. Any party with ownership or

control of the site at the time of an unlawful discharge is thus liable under the Water Code. The

State files this first amended petition to name additional entities who are responsible for the prior,

repeated discharges (in May and September 2019) and who have the continuing responsibility to

prevent further discharges in the future.

The TCEQ cited Triple P.G. in May 2019 and in September 2019 for breaches to berms

around its dredge pond(s). Millions of gallons of sediment-laden process wastewater, a form of

industrial waste, flowed into the waters of the state. Guniganti Family Property Holdings, L.L.C.

owned real property on which Triple P.G. operates at the time this suit was originally filed.

Prabhakar R. Guniganti, an individual, serves as the sole director of Triple P.G. Sand

Development, L.L.C., and as sole manager of the Guniganti Family Property Holdings, L.L.C.

A few days after the State filed suit, on October 17, 2019, Guniganti Family Property Holdings,

L.L.C. recorded a transfer of title to Guniganti Children’s 1999 Trust, with a purported effective

date over nine months prior, January 1, 2019. Then, while the Temporary Injunction remained in


effect, in April 2020, Triple P.G. transferred its sand mining operations to another company. In

this amended petition, the State names three new Defendants: (1) Dr. Guniganti individually, who

was the officer with authority to control actions by Triple P.G., including the transfer of control of

the sand mining operations, as well as the sole manager of the recorded property owner who

transferred ownership of the property days after the State’s suit; (2) Guniganti Family Property

Holdings, L.L.C., who was the recorded property owner at the time of the May 2019 and

September 2019 unlawful discharges; and (3) Guniganti Children’s 1999 Trust, who, according to

the putative transfer recorded in October 2019, owned the property at the time of the May 2019

and September 2019 discharges and who now owns the property.

I. DISCOVERY

1. The State intends to conduct discovery under a Level 2 Discovery Control Plan

pursuant to Tex. R. Civ. P. 190.

2. This case is not subject to the restrictions of expedited discovery under Tex. R. Civ.

P. 169 because the State seeks non-monetary injunctive relief and the State’s claims for civil

penalties, costs, and attorneys’ fees exceed $100,000.

3. Pursuant to Texas Rule of Civil Procedure 47(c), the State states that it seeks

monetary relief over $200,000 but not more than $1,000,000, non-monetary injunctive relief, and

all other relief to which it is entitled.


II. PARTIES

4. Plaintiff, the State of Texas, is authorized to bring this suit through its Attorney

General at the request of TCEQ pursuant to Tex. Water Code §§ 7.032, 7.072, and 7.105. No filing

fee or other security for costs is required of the State under Tex. Civ. Prac. & Rem. Code § 6.001.

5. Defendant Triple P.G. Sand Development, L.L.C. has been properly served with

process in this cause and has appeared through counsel.

6. Defendant Guniganti Family Property Holdings, L.L.C. is a Texas company whose

registered address is 50 Waterford Court, Nacogdoches, Texas 75965. It may be served with

process by serving its registered agent, Prabhakar R. Guniganti, at 50 Waterford Court,

Nacogdoches, Texas 75965, or wherever he may be found.

7. Defendant Prabhakar R. Guniganti is an individual, sole director of Triple P.G.

Sand Development, L.L.C., and sole manager of the Guniganti Family Property Holdings, L.L.C.

He may be served with process at 50 Waterford Court, Nacogdoches, Texas 75965, or wherever

he may be found.

8. Defendant Guniganti Children’s 1999 Trust is a trust and can be served by and

through its trustee, Dayakar Puskoor, at 50 Waterford Court, Nacogdoches, Texas 75965, or

wherever he may be found.


III. JURISDICTION AND VENUE

9. This Court has jurisdiction over this case, and venue is proper in Travis County

pursuant to Tex. Water Code §§ 7.032 and 7.105, and Tex. Gov’t Code § 2001.202.

IV. FACTUAL ALLEGATIONS

10. Defendant Triple P.G. operated a sand mining operation at 1025 Hueni Road in

Porter, Harris and Montgomery Counties, Texas (the “Facility”).

11. The Facility registered with TCEQ as an active Aggregate Production Operation

(“APO”), engaged in operating sand and gravel pits as well as dredges and in washing, screening,

or otherwise preparing sand and gravel for use in construction and other industries.

12. Triple P.G.’s sand mining operations produced “process wastewater” that is laden

with sediment and is a product of Triple P.G.’s industrial activities at the Facility, thereby making

it industrial waste. This process wastewater is stored in dredge ponds at the Facility. TCEQ has

not permitted or otherwise authorized Triple P.G. to discharge this process wastewater into any

waters in the state (e.g., any creek).

13. On at least two documented occasions berms around a large dredge pond at the

Facility breached. Water from White Oak Creek, on the west of the Facility, entered the dredge

pond through a berm breach. Water flowed into the dredge pond, commingling with the water and

sediment therein, and then flowed out into Caney Creek, on the east of the Facility, through a berm

breach.

14. Over the past several years, the Facility has repeatedly failed to prevent the

discharge of process wastewater from the large dredge pond, resulting in unlawful discharges of


sediment-laden, silty water into adjacent Caney Creek in the San Jacinto River basin, and

ultimately into Lake Houston.

January 2015 Unlawful Discharge Investigation

15. In January 2015, TCEQ investigated a complaint that a sand pit was discharging

very silty water into Lake Houston. TCEQ investigated Triple P.G. after identifying it as the closest

sand mining operation to the alleged discharge point. A copy of that investigation report, TCEQ

Inv. #1222233, is attached as Exhibit A.

16. During the January 2015 investigation, TCEQ determined that a large dredge pond

at the Facility received process wastewater produced in the Facility’s sand mining operations. In

times of heavy rain, the dredge pond would become full, eventually reaching the level of a spillway

on the east side of the Facility. Commingled water from the dredge pond would then flow

unencumbered into Caney Creek, within the San Jacinto River Basin.

17. Investigators informed Facility personnel that the water flowing from the dredge

pond over the spillway constituted an unauthorized discharge of process wastewater. The Facility

agreed to, and did, use dirt to block the spillway, apparently preventing dredge pond water from

discharging through the spillway into Caney Creek.

May 2019 Unlawful Discharge Investigation

18. On or about May 13, 2019, a berm breached at the southwestern edge of the Facility

under heavy rain, causing water from White Oak Creek to enter the Facility’s large dredge pond

from the outside. The breach was approximately 100 feet in length and 30 feet in width. A second

breach occurred on the eastern edge of the Facility, causing water to flow from the dredge pond to

Caney Creek. The breach was approximately 75 feet in length and 30 feet in width.


19. As a result of the two berm breaches, from May 13, 2019 until May 29, 2019−for

a total of 17 days−water entered the Facility’s dredge pond on the west side (from White Oak

Creek) and exited on the east side (into Caney Creek).

20. Facility personnel trucked in clay filler, filling in the breaches and packing them

with clay. The berm breaches occurred on May 13 and remained breached until May 29, a total of

17 days. TCEQ conducted an investigation, producing TCEQ Inv. #1569361, which is attached as

Exhibit B. TCEQ cited Triple P.G. with the violation of failure to prevent the unauthorized

discharge of process wastewater.

21. As a result of the May breaches, the entire contents of the Triple P.G. dredge pond

(about 180 acres in area) were released into Caney Creek. An estimated 325 million gallons of

sediment-laden water exited into Caney Creek, which leads directly to the East Fork of the San

Jacinto River and onward to Lake Houston.

September 2019 Unlawful Discharge Investigation

22. Between September 20 and 23, 2019, another berm breach occurred at the

southwestern edge of the Facility that borders White Oak Creek. The breach was approximately

150 feet in length and 30 feet in width. As a result, water from White Oak Creek came into the

Facility’s large dredge pond from the outside. A second breach occurred at the southeastern edge

of the Facility, along Caney Creek. This second breach was approximately 100 feet in length and

30 feet in width. As a result, commingled water flowed from inside the dredge pond out into Caney

Creek. In addition, at the southeastern edge of the Facility, there was an area along the southeastern

berm where water had overtopped the berm and flowed off-site, causing water from the dredge

pond to flow southeast over the berms and off-site towards Caney Creek.


23. As a result of the two berm breaches, the dredge pond was breached on two sides

of the Facility, with White Oak Creek coming into the Facility from the west through an

approximate 150-foot berm breach, and then exiting on the east edge of the Facility into Caney

Creek, including through an approximate 100-foot breach of the southeastern berm. TCEQ

investigators documented the situation in TCEQ Inv. #1597993, attached as Exhibit C.

24. At the time suit was filed, investigators determined that the berm breaches had not

been repaired and that wastewater continued to flow from the dredge pond of the Facility into

Caney Creek.

25. Triple P.G. is not authorized by TCEQ to discharge process wastewater from the

Facility into any water of the state

May 2020 Investigation

26. Triple P.G. agreed to injunctive relief that required Triple P.G. to cease dredging

operations, to repair the berms, and to retain an engineer who would propose a plan to ensure the

berms could hydraulically isolate the process waste water from waters in the state or, alternatively,

for reclamation of the dredge ponds, in order to prevent additional unauthorized discharges. The

Court entered the Agreed Temporary Injunction on November 25, 2019, attached as Exhibit D.

27. In or around May 2020, prior to expiration of the Temporary Injunction, TCEQ

investigators conducted a site visit and were informed that a different operator had taken over

operations at the Facility.

Each Defendant Caused, Suffered, Allowed, or Permitted Unlawful Discharges

28. Defendant Guniganti Family Property Holdings, L.L.C. was the recorded property

owner at the time of the May and September 2019 breaches. As the property owner of record, this

Defendant had the apparent authority to direct activities at the Facility, including the authority to


prohibit sand mining operations on its property, to require Defendant Triple P.G. to maintain

adequate berms, and/or to maintain the berms at the Facility to ensure that process wastewater was

not discharged into waters of the state. Defendant Guniganti Family Property Holdings, L.L.C. is

liable for unauthorized discharges pursuant to Texas Water Code 26.121(c), which makes it

unlawful to “cause, suffer, allow, or permit the discharge of any waste” in violation of the Texas

Water Code.

29. Defendant Prabhakar R. Guniganti is the sole director of Triple P.G. Sand

Development and sole manager of the Guniganti Family Property Holdings. As the individual

with complete management control of sand mining company Triple P.G. and with complete

management control of the property on which the Facility is located, Defendant Guniganti had

authority to direct activities at the site, including the authority to prohibit or modify sand mining

operations on the property, to ensure Triple P.G. maintained adequate berms, and/or to maintain

the berms at the Facility to ensure that process wastewater was not discharged into waters of the

state. Defendant Prabhakar Guniganti is liable for unauthorized discharges pursuant to Texas

Water Code 26.121(c), which makes it unlawful to “cause, suffer, allow, or permit the discharge

of any waste” in violation of the Texas Water Code.

30. Mere days after the State filed this enforcement suit, a transfer of ownership interest

was recorded. The putative ownership transfer was dated for the prior January—before the May

and September discharges. Defendant Guniganti orchestrated this transfer as the sole manager of

Defendant Guniganti Family Property Holdings.

31. According to the putative transfer of ownership recorded in October 2019,

Defendant Guniganti Children’s 1999 Trust was the actual owner of the property on which the

Facility is located at the time of the May and September 2019 discharges. As the property owner,


Defendant Guniganti Children’s 1999 Trust had authority to direct activities at the Facility,

including the authority to prohibit sand mining operations on its property, to require Defendant

Triple P.G. to maintain adequate berms, and/or to maintain the berms at the Facility to ensure that

process wastewater was not discharged into waters of the state. Defendant Guniganti Children’s

1999 Trust is liable for unauthorized discharges pursuant to Texas Water Code 26.121(c), which

makes it unlawful to “cause, suffer, allow, or permit the discharge of any waste” in violation of

the Texas Water Code.

V. NATURE OF SUIT AND AUTHORITY

32. This suit is a civil enforcement proceeding to enforce Chapter 26 of the Texas

Water Code and related regulations.

Texas Water Code – Unauthorized Discharges Prohibited

33. Section 26.121(a)(1) of the Texas Water Code provides that no person may

discharge industrial waste into or adjacent to any water in the state, except as authorized by

TCEQ.1

34. “Industrial waste” includes “waterborne liquid, gaseous, or solid substances that

result from any process of industry, manufacturing, trade, or business.” Tex. Water

Code § 26.001(11).

1 If process wastewater from a sand mining operation is managed in a way that results in discharge to surface waters, an individual Texas Pollutant Discharge Elimination System (“TPDES”) wastewater permit is required. TPDES wastewater permits are issued with minimum technology-based effluent limitations that comply with Environmental Protection Agency (“EPA”) adopted national effluent limitation guidelines contained in Title 40, Code of Federal Regulations, Part 436, Subparts C and D. Individual wastewater TPDES permit applications are evaluated to ensure authorized discharges further comply with Texas Surface Water Quality Standards adopted in Title 30, Texas Administrative Code Chapter 307. Additional provisions can be placed in individual wastewater permits to protect surface water bodies, with examples including establishing specific buffer zones, best management practices, and other special conditions.


35. “Process wastewater” is any “water which, during manufacturing or processing,

comes into direct contact with or results from the production or use of any raw material,

intermediate product, finished product, byproduct, or waste product.” 30 Tex. Admin. Code §

305.2(30). Process wastewater is industrial waste.

36. “To discharge” means “to deposit, conduct, drain, emit, throw, run, allow to seep,

or otherwise release or dispose of, or to allow, permit, or suffer any of these acts or omissions.”

Tex. Water Code § 26.001(20).

37. A “person” includes “an individual, association, partnership, corporation,

municipality, state or federal agency, or an agent or employee thereof.” Tex. Water Code

§ 26.001(25).

38. “Pollution” means “the alteration of the physical, thermal, chemical, or biological

quality of, or the contamination of, any water in the state that renders the water harmful,

detrimental, or injurious to humans, animal life, vegetation, or property or to public health, safety,

or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or

reasonable purpose.” Tex. Water Code § 26.001(14).

39. “Water in the state” includes “groundwater, percolating or otherwise, lakes, bays,

ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets,

canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface

water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including

the beds and banks of all watercourses and bodies of surface water, that are wholly or partially

inside or bordering the state or inside the jurisdiction of the state.” Tex. Water Code § 26.001(5).

Texas Water Code – State Enforcement Authority


40. “A person may not cause, suffer, allow, or permit a violation of a statute within the

commission’s jurisdiction or a rule adopted or an order or permit issued under such a statute.”

Tex. Water Code § 7.101.

41. “A person who causes, suffers, allows, or permits a violation of a statute, rule,

order, or permit” under the jurisdiction of TCEQ “shall be assessed for each violation a civil

penalty not less than $50 nor greater than $25,000 for each day of each violation….” Tex. Water

Code § 7.102. “Each day of a continuing violation is a separate violation.” Id.

VI. CIVIL PENALTIES

Unauthorized Discharge of Wastewater (Tex. Water Code § 26.121)

42. Section 26.121(a)(1) of the Texas Water Code provides that no person may

discharge industrial waste into or adjacent to any water in the state, except as authorized by TCEQ.

43. Triple P.G., Guniganti Family Property Holdings, L.L.C., Prabhakar R. Guniganti,

and Guniganti Children’s 1999 Trust are each a “person” as defined in Tex. Water

Code § 26.001(25).

44. TCEQ has not authorized Triple P.G., the Guniganti Family Property Holdings,

L.L.C., Prabhakar R. Guniganti, or the Guniganti Children’s 1999 Trust to discharge any industrial

waste into or adjacent to any water in the state.

45. Process wastewater is industrial waste as defined in Tex. Water Code § 26.001(11).

46. Caney Creek, San Jacinto River and its tributaries, and Lake Houston are waters in

the state as set forth in Tex. Water Code § 26.001(5).

47. From May 13 through May 29, 2019, the entire contents of the Triple P.G. dredge

pond (about 180 acres in area) were released into Caney Creek as the result of two berm breaches.

Therefore, Defendants Triple P.G., the Guniganti Family Property Holdings, L.L.C., and


Prabhakar R. Guniganti caused, suffered, allowed, or permitted the discharge of industrial waste

(process wastewater) into or adjacent to water in the state, in continuous violation of Tex. Water

Code § 26.121(a)(1) for 17 days.

48. From about September 20 through at least October 9, 2019, the contents of the

dredge pond of Triple P.G. were released into Caney Creek through one or more berm breaches.

Therefore, Defendants Triple P.G., the Guniganti Family Property Holdings, L.L.C., and

Prabhakar R. Guniganti have caused, allowed, or permitted the discharge of industrial waste

(process wastewater) into or adjacent to water in the state, in continuous violation of Tex. Water

Code § 26.121(a)(1) for at least 19 days.

49. After suit was filed, while unauthorized discharges of industrial waste were still

ongoing, a transfer of ownership from the Guniganti Family Property Holdings, L.L.C. to the

Guniganti Children’s 1999 Trust was recorded. The purported date of the transfer was January

2019, though it was never recorded until October 2019.

50. Therefore, Defendants Triple P.G., Prabhakar R. Guniganti, and the Guniganti

Children’s 1999 Trust have caused, suffered, allowed, or permitted the discharge of industrial

waste (process wastewater) into or adjacent to water in the state, in violation of Tex. Water Code

§ 26.121(a)(1), for at least 36 days. As the recorded owner at the time of discharge, Defendant

Guniganti Family Property Holdings L.L.C. had the apparent authority to direct activities on the

property. Therefore Defendant Guniganti Family Property Holdings, L.L.C. caused, suffered,

allowed, or permitted the discharge of industrial waste (process wastewater) into or adjacent to

water in the state, in violation of Tex. Water Code § 26.121(a)(1), for at least 36 days.

51. Pursuant to Tex. Water Code § 7.102, the State requests that Triple P.G., the

Guniganti Family Property Holdings, L.L.C., Prabhakar R. Guniganti, and the Guniganti


Children’s 1999 Trust be assessed a civil penalty of not less than $50 nor more than $25,000 for

each day that it caused, suffered, allowed, or permitted the discharge of industrial waste into or

adjacent to water in the state.


VII. APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY

INJUNCTION, AND PERMANENT INJUNCTION

52. The Attorney General may institute suit in the name of the State of Texas and on

behalf of TCEQ to enjoin a violation or threatened violation of any “statute within the

commission’s jurisdiction or a rule adopted or an order or a permit issued under such a statute….”

Tex. Water Code §§ 7.032 and 7.105.

53. As set forth in Section VI of this petition, Triple P.G., Guniganti Family Property

Holdings, L.L.C., Prabhakar R. Guniganti, and Guniganti Children’s 1999 Trust repeatedly have

caused, suffered, allowed, or permitted the unauthorized discharge of contaminated wastewater

into water in the state. Unless enjoined, Defendants will continue to permit the Facility to be

operated in a manner risking unauthorized discharges in violation of the law.

54. No bond is required of the State prior to granting of an injunction as set forth in

Tex. Water Code § 7.032(d).

55. The State requests that the Court enter a temporary restraining order requiring

Defendants to prohibit dredging at the facility, at least until such time as the Facility has berms

that are capable of hydraulically isolating all pits and ponds at the Facility or reclamation has

occurred such that future discharges of process wastewater will not occur. Such repairs should

ensure that future rain events do not lead to an influx of water from White Oak Creek on the west

of the dredge ponds, commingling with the process wastewater and sediment within the dredge

ponds, and flooding out the east side of the dredge ponds into Caney Creek.

56. The State requests a temporary injunction ordering Defendants, their officers,

agents, servants, employees, and all other persons acting in concert or participation with them, to


take appropriate actions to ensure that further berm breaches and further unauthorized discharges

of process wastewater will not occur pending trial.

57. The State requests that appropriate permanent injunctive relief be granted at trial.

VIII. ATTORNEY’S FEES AND COSTS

58. This is an action brought by the State to recover civil penalties and for injunctive

relief. As set forth in Tex. Water Code § 7.108, the Attorney General is entitled to recover and

collect reasonable attorney’s fees, investigative costs, and court costs incurred in relation to this

proceeding on behalf of the State. In the event of an appeal to the Court of Appeals or to the

Supreme Court, the Attorney General is entitled to recover and collect its additional reasonable

attorney’s fees and court costs on behalf of the State.

IX. POST-JUDGMENT INTEREST

59. Pursuant to Tex. Fin. Code § 304.003, the State asks this Court to award the State

post-judgment interest on all amounts awarded in relation to this proceeding, at the maximum rate

allowed by law.

PRAYER FOR RELIEF

The State of Texas requests the following:

1. That citation be issued for Guniganti Family Property Holdings, L.L.C. to appear and answer in this cause;

2. That citation be issued for Prabhakar R. Guniganti to appear and answer in this cause;

3. That citation be issued for Guniganti Children’s 1999 Trust to appear and

answer in this cause;


4. That upon trial, the Court grant a permanent injunction against Triple P.G., Guniganti Family Property Holdings, L.L.C., Prabhakar R. Guniganti, and Guniganti Children’s 1999 Trust as requested herein;

5. That the Court grant judgment against Triple P.G., Guniganti Family Property

Holdings, L.L.C., Prabhakar R. Guniganti, and Guniganti Children’s 1999 Trust for appropriate civil penalties within the range allowed by law;

6. That the Court award the State its reasonable attorney’s fees, court costs, and

reasonable investigative costs in this action; 7. That the Court award the State post-judgment interest at the legal rate from the

date of judgment until fully paid; and 8. That the Court award the State all such other relief, general and special, at law

and in equity, to which it may show itself justly entitled. Respectfully submitted, KEN PAXTON Attorney General of Texas JEFFREY C. MATEER First Assistant Attorney General RYAN L. BANGERT Deputy First Assistant Attorney General DARREN L. MCCARTY Deputy Attorney General for Civil Litigation PRISCILLA M. HUBENAK Chief, Environmental Protection Division /s/ Carl. __________ H. CARL MYERS Assistant Attorney General State Bar No. 24046502 [email protected] PHILLIP LEDBETTER Assistant Attorney General State Bar No. 24041316 [email protected]


Office of the Attorney General of Texas Environmental Protection Division P.O. Box 12548, MC 066 Austin, Texas 78711-2548 (512) 463-2012 / Fax (512) 320-0911 ATTORNEYS FOR THE STATE OF TEXAS

CERTIFICATE OF SERVICE

The undersigned certify that a true and correct copy of the foregoing State of Texas’ First Amended Petition and Application for Injunctive Relief was served on the following counsel of record on June 17, 2020 by e-service and email: Andrew J. Schumacher [email protected] Christopher Pepper [email protected] WINSTEAD PC 401 Congress Avenue, Suite 2100 Austin, Texas 78701 Counsel for Defendant Triple P.G. Sand Development, L.L.C. ___/s/ Carl.____________

H. CARL MYERS Assistant Attorney General

mailto:[email protected]

mailto:[email protected]

Exhibit A

.• , STW IGP _TXR15BH80_~0150113_Final Report Texa~mmission on EnvironmenWI Quality

Investigation Report The TCEQ is committed to accessibility. If you need assistance in accessing this document, please contact [email protected]

Customer: Triple P .G. Sand Development, L. L. C. Customer Number: CN604086991

Regulated Entity Name: TRIPLE PG SAND DEVELOPMENT

Regulated Entity Number: RN106418817

Investigation # 1222233

Investigator: KELLEY KARTYE

Conducted: 01/13/2015 -- 01/13/2015

Program(s): STORMWATER

Incident Numbers 207921

Site Classification MULTISECTOR GENERAL PERMIT FOR INDUSTRIAL WW

SIC Code: 1442

Investigation Type: Compliance Investigation Location:

Additional ID(s): TXROSBHBO

Address: 1025 HUENI ROAD, Local Unit: REGION 12 - HOUSTON PORTER, TX, 77365 Activity Type(s): SWMSGPRC - SW MSGP Recon

SWCMPL - SW Complaint

Principal(s): Role RESPONDENT

Contact(s):

Role

Participated in Investigation

Regulated Entity Contact

Participated in Investigation

Regulated Entity Mail Contact

Name TRIPLE PG SAND DEVELOPMENT LL C

Title

SUPERVISOR

MANAGER

MANAGER

MANAGER

Name

MR RANDY TAYLOR

MR VIKRAM VIJAYAKUMAR



Other Staff Member(s): Role Investigator Supervisor QA Reviewer

Name STACEYCARR ELIZABETH SEARS MICHELLE RUCKSTUHL

Phone Work

Work

Work

Work

RECE~VED

FEB 132015 TCEQ

CEN'TRALFILEROOill!

TRIPLE PG SAND DEVEWPM. PORTER

1/13/2015 Inv.# -1222233

Page 2 of3

Associated Check List Checklist Name WQ COMPLAINT INVESTIGATION STORMWATERMSGP RECONNAISSANCE INVESTIGATION

Investigation Comments:

INTRODUCTION

UnitName Comp Recon

•••

A Stormwater Reconnaissance investigation was conducted on January 13, 2015 at the Triple PG Sand Development to determine compliance with applicable water quality regulations. The investigation was conducted as the result of a complaint; therefore, no notification of the investigation was given. An exit interview, explaining the results of the investigation, was conducted on January 13, 2015 with Mr. Randy Taylor, Supervisor with Triple PG Sand Development. Mr. Taylor also received a copy of the TCEQ Exit Interview Form. A Notice of Violation (NOV) letter was issued to acknowledge compliance.

GENERAL FACILTIY AND PROCESS INFORMATION On December 29, 2014 the TCEQ received a complaint alleging that a sand pit was discharging very silty water into Lake Houston. Triple PG Sand Development was identified as the closest sand mining operation to the alleged discharge point. The mining operation lies in both Montgomery and Harris Counties and is located at 1025 Hueni Rd. near the City of Porter.

A site investigation was conducted on January 13, 2015. Mr. Taylor confirmed that the site regularly discharges to Caney Creek via a spillway located on the large recycled water pond. Mr. Taylor stated that, based on the water level in the large recycled water pond and the recent heavy rain, water was flowing over the spillway. The spillway was not accessible due to the instability of the sand from the recent heavy rain; therefore, the discharge was not observed by the investigator.

The site contains several active sand pits, a sand processing plant, and two recycled water ponds. The sand is dry mined from the active pits and trucked to the processing plant. Water is pumped from the large recycled water pond to use in the sorting process. The process water flows through a long ditch and into a small recycled water pond. The water then flows through a pipe back into the large recycled water pond. The large recycled water pond has a spillway located along the east side. During times of heavy rain the recycled water ponds levels become quite high. When the water reaches the level of the spillway it flows unencumbered over the spillway and into Caney Creek.

The receiving stream is Caney Creek, Segment no. 1010 of the San Jacinto River Basin. The facility may have been discharging at the time of the investigation. However, due to hazardous conditions samples were not collected.

BACKGROUND A stormwater reconnaissance investigation, CCEDS No. 1015274, was conducted from April 10 through Junes 13, 2012. One resolved violation for failure to obtain coverage under the Multi-Sector General Permit (MSGP) was issued. An Aggregate Production Operation (APO) on-site survey was conducted on July 15, 2014. One resolved violation for failure to obtain an APO registration was issued.

ADDmONALINFORMATION Triple PG Sand Development has one permit and one authorization with the TCEQ. The site's MSGP no. is TXR05BH80. The site's APO registration no. is AP0000963.

During the site visit, Mr. Randy Taylor was informed that the water being discharged off site was considered process water and could not be discharged under the site's MSGP. In order to discharge process water, the site must have an individual permit. The exit interview noted that the site was discharging without proper authorization.

Mr. Vikram Vtjayakumar, Manager of Triple PG Sand Development arrived after the formal exit interview. The issues noted at the site were again discussed with him. Mr. Vtjayakumar stated that they would bring in dirt and block the water from flowing over the spillway. Photographic documentation was submitted on January 18, 2015 showing that the spillway had been blocked.

TRIPLE PG SAND DEVELOPM. PORTER

1/13/2015 Inv. # - 1222233

~a_ge3of3 • - - -- ----··~--------- ··-----·------- -- ·-------

ALLEGED VIOLATION(S) NOTED AND RESOLVED

Track Number: 559612 Resolution Status Date: 2/2/2015

Violation Start Date: Unknown Violation End Date: 1/18/2015

2D 1WC Chapter 26.121(a)(1)

Alleged Violation:

Investigation: 1222233 Comment Date: 02/02/2015

Failed to prevent the unauthorized discharge of process water. Triple PG Sand Development operates a sand mining operation that uses water to sort sand. Once the water has been used in the sand sorting process it becomes process water. The site's process water was flowing over a spillway and into Caney Creek. Process water may not be discharged to waters of the state without a permit.

Recommended Corrective Action: Submit documentation that the unauthorized discharge has ceased.

Resolution: According to documentation submitted on January 18, 2015, the permittee stopped the unauthorized discharge by blocking off the spillway.

Date /-qb ~;s-

Signed Date .2 - 1/-,/,1

Supervisor

Attachments: (in order of final report submittal)

__ Enforcement Action Request (EAR)

X Letter to Facility (specify type) : Rt S Investigation Report

_Sample Analysis Results

__ Manifests

__ Notice of Registration

X Maps, Plans, Sketches

__ Photographs

4-Correspondence from the facility

_Other (specify):

1025 HUENI ROAD

PORTER, MONTGOMERY COUNTY, TX 77365

Additional ID(s): TXR05BH80

Track No: 559612 2D TWC Chapter 26.121(a)(1)

Alleged Violation:


Failed to prevent the unauthorized discharge of process water. Triple PG Sand Development operates a sand mining operation that uses water to sort sand. Once the water has been used in the sand sorting process it becomes process water. The site's process water was flowing over a spillway and into Caney Creek. Process water may not be discharged to waters of the state without a permit. Recommended Corrective Action: Submit documentation that the unauthorized discharge has ceased. Resolution: According to documentation submitted on January 18, 2015, the permittee stopped the unauthorized discharge by blocking off the spillway.

Summary of Investigation Findings Page 1 of 1

Exhibit B

Texas Commission on Environmental Quality Investigation Report

The TCEQ is committed to accessibility. If you need assistance in accessing this document, please contact [email protected]

Customer: Triple P .G. Sand Development, L. L. C. Customer Number: CN604086991

Regulated Entity N aine: TRIPLE PG SAND DEVELOPMENT

Regulated Entity Nwnber: RN106418817


Investigator: CHRJSTIAN EUBANKS

Conducted: 05/15/2019 -- 05/31/2019

Program(s): AGGREGATES STORMWATER

Investigation Type: Compliance Investigation

Additional ID(s): TXROSBH80 AP0002367 AP0000963

Address: 1025 HUENI ROAD, PORTER, TX , 77365

Principal(s): Name

Incident Numbers

Site Classification MULTISECTOR GENERAL PERMIT FOR INDUSTRIAL WW AGGREGATE PRODUCTION OPERATION REGISTRATION

SIC Code: 1442 NAIC Code: 212321

Location:

Local Unit: REGION 12 - HOUSTON

Activity Type(s): APOFI - Follow up investigation conducted as needed APO - An activity code used to identify an investigation related to Aggregate Production Operations. This activity code can be associated to any investigation type for any media that is directly related to an aggregate production operation. It is not necessary

Role

RESPONDENT TR1PLE PG SAND DEVELOPMENT LL C

Contact(s):

Role

REGULATED ENTI'IY CONTACT

PARTICIPATED IN

REGULATED ENTITY MAIL CONTACT

Title

MANAGER

OPERATOR

MANAGER

Name

CAP PRATHIMA GUNIGANTI

RAYMOND HOOKS

CAP PRATHIMA GUNTGANTI

Phone

Phone

Phone

(713) 376-1001

(713) 376-1001

TRIPLE PG SAND DEVELOPMENT - PORTER

5/15/2019 to 5/31/2019 Inv. # - 1569361

Pa

Other Staff'Member(s): Role Investigator Supervisor QA Reviewer

Name KYLE LINVILLE PRISCILLA HUDSON KYLE LINVILLE

Associated Check List Checklist Name WQ COMPLIANCE CHECK/RECONNAISSANCE INVESTIGATION

Invcstigalion Comments:

INfRODUCTION

UnitName WQ

On May 15, 2019, Mr. Christian Eubanks and Mr. Kyle Linville, Environmental Investigators with the Texas Commission on Environmental Quality (TCEQ) Houston Region Office, conducted an Aggregate Producliuns Operations (APO) follow-up investigation at the Triple PG Sand Development to determine compliance wiU1 applicable APO regulations. The facility is located at 1025 Hueni Rd, Porter (Montgomery County), Texas 77365. The investigation was in response to heavy rains and the notification from the facility that the Triple PG Sand Development Facility had an unauUwrized ili:;charge. A copy of the TCEQ Exit Interview Form was received by Ms. Prathima Gunip;anti, Manager at Triple PG Sand Development, via email on May 17, 2019 (Attar.hmr.nt 1: Rxit Interview Form). Based on the findings of this investigation, a Notice of Enforcement letter was issued.

BACKGROUND A TCRQ Cnmmli,fate<l Compliance and Enforcement Data System (CCEDS) search and database review was conducted pursuant to this investigation. Five previous investigations (CCEDS numbers 1185360, 1222233, 1343282, 1473714, 1479633, and 1507123) were conducted within five years of this preceding investigation.

Investigation number 1185360 was an APO-On~site Survey"conducted on July 15, 2014 . .An alleged violation for· failure to obtain an APO registration was noted and was resolved on July 28, 2014 based on information submitted to the TCEQ Houston Region Office indicating that an APO registration had been obtained.

Investigation number 1222233 was a Storm water Reconnaissance Investigation conducted on January 13, 2015. An alleged violation for failure to prevent the unauthorized discharge of process water was noted and was resolved on January 18, 2015 based on documentation submitted to the TCEQ Houston Region Office indicating that the unauthorized discharge had stopped by blocking the spillway.

Investigation number 1343282 was an APO On-site Survey conducted on June 27, 2016, in response to an in-house swvey U1al inilicaled that the facility had an expired registration. An alleged violation for failure to renew the APO registration was noted and was resolved on June 28, 2016 based on information submitted to the TCEQ Houston Region Office indicating that an APO registration had been obtained. This alleged violation was also forwarded to enforcement.

Investigation number 1473714 was an APO CCI and Stormwater CCI conducted on February 28, 2018 as a result of a complaint. Alleged violations were noted for failure to maintain pollution prevention measures and controls and failure lo maintain the Stormwater Pollution Prevention Plan (SWP3). These violations were noted and were resolved on March 9, 2018 based on documentation submitted to the TCEQ Houston Region Office which indicated the facility had maintained the pollution prevention measures and controls outlined in their SWP3.

In""v~estiga.tion i'lWUber 14 79633 vvas a Stormvvater Recor-waissar1ce and an APO On-site Sw-,;ey· Investigation conducted from March 29 to April 2, 2018. No violations were noted as a result of the investigation.

Investigation number 1.50712.3 was a Complaint Investigation conducted on August 8, 2018. No violations were noted as a result of the investigation.

GENERAL FACILITY AND PROCESS INFORMATION The site is located at 1025 Hueni Rd Porter, (Montgomery County) Texas 77365. GPS coordinates for the site are: 30.106484, -95.17776. The facility is a 40-acre wet mining and processing operation that extracts and sells sand

TRIPLE PG SAND DEVELOPMENT- PORTER

5/15/2019 to 5/31/2019 Inv. # - 1569361

Pa

under the active APO registration: AP0002367 (Attachment 2: Overview Map).

The facility's primary Standard Industrial Classification (SIC) code is 1442. A facility with an SIC code of 1442 is primarily engaged in operating sand and gravel pits as well as dredges and in washing, screening, or otherwise preparing sand and gravel for construction use.

Facilities with SIC code 1442 fall under Sector J of the Multi-Sector General Permit (MSGP) which has benchmark requirements for Nitrate + Nitrite N and total suspended solids (TSS). Sector J also has effluent limits for pH. Annual hazardous metals monitoring is required for the following metals: Arsenic, Barium, Cadmium, Chromium, Copper, Lead, Manganese, Mercwy, Nickel, Selenium, Silver, and Zinc.

The facility has authorization for stormwater discharges under MSGP number TXR05BH80 which began on May 25, 2012. The facility is permitted to discharge storm water through six outfalls, to the following stream segments: Mills Branch of White Oak Creek, Segment No. 1010B; White Oak Creek, Segment No. 1010B; and Caney Creek, Segment No. 1010 of the San Jacinto River. (Attachment 3: Facility Site Map for outfalls) ,

INVESTIGATION Heavy rains were predicted for the week of May 6, 2019 which promptca initi.11 r.ommtmic,iti{ln with the Triple PG Sand Development Facility. On May 13, 2019 the facility notified the TCEQ Houston Region that a berm breach had occurred.

On May 15, 2019, Mr. Christian Eubanks and Mr. Kyle Linville conducted an initial site visit of the facility. Upon arrival investigators met 'Nith Mr. Raymond Hooks, Plant Operator. Mr. Hooks escorted the investigators to Llie first berm breach located on the south western edge of the facility, bordering White Oak Creek (Attachment 2: Overview Map). The breach was approximately 100 feet in length and 30 feet in width. Based on the direction of the uprooted trees along with the flow of the river, water from White Oak Creek came into the facility from the outside (Attachment 4: Photographs 1-2). From the location of the first breach, the second breach could be seen on the opposite side of the facility (Attachment 4: Photograph~). Much of the facility was impassible due to heavy rains, therefore investigators conducted a follow up investigation on May 23, 2019 to access the second berm breach.

On May 23, 2019, ·Mr. Christiarr Eubanks and rv!r. Kyle Linville drove to the first berm breach to get an u.pdi!te on the berm repair. Clay filler was being trucked in, and the breach repair was approximately 25% complete (Attachment 4: Photograph 4). Investigators then walked to the eastern edge of the facility, along Caney Creek, to access the second berm breach. The breach was approximately 75 feet in length and 30 feet in width (Attachment 2: Overview Map). Based on the direction of the uprooted trees, water flowed from the process pond to Caney Creek (Attachment 4: Photographs 5-7).

On May 31, 2019, Mr. Christian Eubanks conducted an additional follow up to document the berm repairs. Mr. Hooks explained that both berm breaches had been filled in and packed with clay (Attachment 4: Photographs 8-11). The facility indicated to the investigator that they will continue to widen both berms in an attempt to prevent a future discharge.

ADDITIONAL INFOR.i\1ATION The berm breaches occurred on May 13, 2019 and remained breached until May 29 1 2019, a total of 17 days. The process pond was breached on two sides of the facility, with White Oak Creek coming into the facility from the west at breach 1, and exiting through breach 2 on the east edge of the facility into Caney Creek. Thus, the entire contents of the Triple PG Sand Development process pond (approximately 180 acres in area) were released into Caney Creek, which leads directly to the East Fork of the San Jacinto River, then to Lake Houston.

rnNrT .TTRTnN

As a result of this investigation one alleged violation was noted and resolved; Failure to prevent the unauthorized discharge of process water.

NOE Date: 7/12/2019

AT.T.F.GED VIOLATION(S) NOTED AND RESOLVED

ASSOCIATED TO A NOTICE OF ENFORCEMENT


5/15/2019 to 5/31/2019 Inv. # - 1569361

Track Number: 717592 Resolution Status Date: 7/10/2019

Violation Start Date: 5/15/2019 Violation End Date: 5/31/2019

2D TWC Chapter 26.121(a)(1)

Alleged Violation:

Investigation: 1569361 Comment Dute : 07/10/2019

Failed to prevent the unauthorized discharge of process water.

Specifically, during the investigation evidence of an unauthorized discharge of wastewater (process water) was observed from the eastern portion of the facility. Water entered the facility through an approximate 100 foot hP.rm brec1ch c1nd exited through an approximate 75 foot breach.

Recommended CoITective Action: There shall be no unauthorized discharge of pollutants. Submit to the TCEQ Houston Region Office documentation showin)!; steps taken to prevent the reoccurrence of unauthorized disd1arge:;. Resolution: On May 15, 2019, Liu~ TCF.Q Houston R~giomtl Office documented the unauthorized discharge of process water from the Triple PG Sand Development Facility. On May 31, 2019, the investigator confirmed the unauthorized discharge was no longer occurring. Thus, the alleged violation is resolved.

Signed Date ':J -\ L · :Z O 9 Environmental Investigator



__ Letter to Facility (specify type) : ____ _

Investigation Report

__ Sample Analysis Results

__ Manifests


__ Maps, Plans, Sketches

__ Photographs

__Correspondence from the facility

__ Other (specify) :

Summary of Investigation Findings

T

1025 HUENI ROAD

PORTER, MONTGOMERY COUNTY, TX 77365

Additional ID(s): TXR058H80 AP0002367 AP0000963

nvestigation .156.9361

lnvest1gat1on Date: 05/15/2019

ALLEGED VIOLATION(S) NOTED AND RESOLVED ASSOCIATED TO A NOTICE OF ENFORCEMENT

Track No: 717592

2D TWC Chapter 26.121 (a)(1)

Alleged Violation:

Investigation: 1569361 Comment Date: 07 /10/2019


Specifically, during the investigation evidence of an unauthorized discharge of wastewater (process water) was observed from the eastern portion of the facility. Water entered the facility through an approximate 100 foot berm breach and exited through an approximate 75 foot breach.

Recommended Corrective Action: There shall be no unauthorized discharge of pollutants. Submit to the TCEQ Houston Region Office documentation showing steps taken to prevent the reoccurrence of unauthorized discharges.

Resolution: On May 15, 2019, the TCEQ Houston Regional Office documented the unauthorized discharge of process water from the Triple PG Sand Development Facility. On May 31, 2019, the investigator confirmed the unauthorized discharge was no longer occurring . Thus, the alleged violation is resolved.


Exhibit C

Texas Commission on Environmental Quality Investigation Report

The TCEQ is committed to accessibility. If you need assistance in accessing this document, please contact [email protected]

Customer: Triple P.G. Sand Development, L. L. C. Customer Number: CN604086991

Regulated Entity Name: TRIPLE PG SAND DEVELOPMENT

Regulated Entity Number: RN106418817


Investigator: CHRISTIAN EUBANKS

Conducted: 09/24/2019 -- 09/25/2019

Program(s): AGGREGATES STORMWATER

Investigation Type: Compliance Investigation

Additional ID(s): TXR0SBH80 AP0001818

Address: 1025 HUENI ROAD, PORTER, TX , 77365

Ptincipal(s): Name

Incident Numbers 321770

Site Classification MULTISECTOR GENERAL PERMIT FOR INDUSTRIAL WW AGGREGATE PRODUCTION OPERATION REGISTRATION

SIC Code: 1442 NAIC Code: 212321

Location:

Local Unit: REGION 12 - HOUSTON

Activity Type(s): APOCMPL - Complaints that have been investigated through a site visit or office research APO - An activity code used to identify an investigation related to Aggregate Production Operations. This activity code can be associated to any investigation type for any media that is directly related to an aggregate production operation. It is not necessary

Role

RESPONDENT TRIPLE PG SAND DEVELOPMENT LL C

Contact{s):


9/24/2019 to 9/25/2019 Inv. # - 1597993

Pa e2of5

Role Title Name

PARTICIPATED MANAGER MSPRATHIMA IN GUNIGANTI

NOE CONTACT MANAGER MSPRATHIMA GUNIGANTI

REGULATED MANAGER MSPRATHIMA ENTITY _____ G_UNIGANTI __ CONTACT

REGULATED MANAGER MSPRATHIMA ENTITYMAIL GUNIGANTI CONTACT

Other StaffMember(s): Role Investigator Investigator QA Reviewer Supervisor

Checklist Name

Name TREYTHUMANN KYLE LINVILLE WESTIN MASSEY PRISCILLA HUDSON

Associated Check Lisl

WQ COMPLAINT INVESTIGATION UnitName COMP

Investigation Conuuents:

INTRODUCTION

Phone

Phone

Phone

Phone

Phone

(713) 376-1001

(713) 376-1001

(713) 376-1001

(713) 376-1001

On September 24, 2019, the Texas Commission on Environmental Quality (TCEQ) Houston Region Office received a complaint (Incident No. 321770) alleging an unauthorized discharge. The alleged complaint is located at the Triple PG Sand Development (Triple PG), 1025 Hueni Rd, Porter (Montgomery County), Texas 77365. An Aggregate Productions Operations (APO) complaint investigation was conducted in response to the complaint to determine compliance with applicable APO regulations.

An investigation was conducted at the incident location from September 24, 2019 to September 25, 2019, by Mr. Christian Eubanks, Mr. Kyle Linville, and Mr. Trey Thumann, Environmental Investigators with the TCEQ Houston Region Office. The investigation was conducted as the result of a complaint; therefore, no notification of the investigation was given.

A copy of the TCEQ Exit Interview Form was received by Ms. Prathima Guniganti, Manager at Triple PG Sand Development, via email on September 27, 2019 (Attachment 1: Exit Interview Form). Based on the findings of this investigation, a Notice of Enforcement letter was issued.

BACKGROUND

A TCEQ Consolidated Compliance and Enforcement Data System (CCEDS) search and database review was conducted pursuant to this investigation. Six previous investigations (CC.RDS num hers 1222233, 1343282, 1473714, 1479633, 1507123, and 1569361) were conducted within five years preceding this investigation.

Investigation number 1222233 was a Storm water Reconnaissance Investigation conducted on J anuaiy 13, 2015. An alleged violation for failure to prevent the unauthorized discharge of process water was noted and was resolved on J anuaiy 18, 2015 based on documentation submitted to the TCEQ Houston Region Office indicating that the unauthorized discharge had stopped by blocking the spillway.

_lnye_sj:igati~_n_numb_er __ 1343282_wasan APO_On~site Sur:vey_conductedon June 27, 2016, in response to an


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Pa e 3 of5

in-house smvey that indicated that the facility had an expired registration. An alleged violation for failure to renew the APO registration was noted and was resolved on June 28, 2016 based on information submitted to the TCEQ Houston Region Office indicating that an APO registration had been obtained. This alleged violation resulted in a Notice of Enforcement (NOE).

Investigation number 1473714 was an APO Comprehensive Compliance Investigation (CCI) and Stormwater CCI conducted on February 28, 2018 as a result of a complaint. Alleged violations were noted for failure to maintain pollution prevention measures and controls and failure to maintain the Stormwater Pollution Prevention Plan (SWP3). These alleged violations were noted and were resolved on March 9, 2018 based on documentation submitted to the TCEQ Houston Region Office which indicated the facility had maintained the pollution prevention measures and controls outlined in their SWP3.

Investigation number 14 79633 was a Storm water Reconnaissance and an APO Oil-site Survey Investigation conducted from March 29 to April 2, 2018. No alleged violations were noted as a result of the investigation.

Investigation number 1507123 was a Complaint Investigation conducted on August 8, 2018. No alleged violations were noted as a result of the investigation.

Investigation number 1569361 was an APO follow-up investigation conducted on May 15, 2019. An alleged violation for failure to prevent the unauthorized discharge of process water was noted and was resolved on May 31, 2019 based on the investigator confirming that the unauthorized discharge was no longer occurring. This alleged violation resulted in a Notice of Enforcement (NOE).

GENERAL FACILITY AND PROCESS INFORMATION

The site is located at 1025 Hueni Rd Porter, (Montgomery County) Texas 77365. Global Positioning System (GPS) coordinates for the site are: 30.106484, -95.17776. The facility is a 40-acre wet mining and processing operation that extracts and sells sand under the active APO registration: AP0002367 (Attachment 2: Vicinity and Breach Map).

The facility's primary Standard Industrial Classification (SIC) code is 1442. A facility with an SIC code of 1442 is primarily engaged in operating sand and gravel pits as well as dredges and in washing, screening, or otherwise preparing sand and gravel for construction use.

Facilities with SIC code 1442 fall under Sector J of the Multi-Sector General Permit (MSGP) which has benchmark requirements for Nitrate + Nitrite N and total suspended solids (TSS). Sector J also has effluent limits for pH. Annual hazardous metals monitoring is required for the following metals: Arsenic, Barium, Cadmium, Chromium, Copper, Lead, Manganese, Mercury, Nickel, Selenium, Silver, and Zinc.

The facility has authorization for stormwater discharges under MSGP number TXR05BH80 which began on May 25, 2012. The facility is permitted to discharge stormwater through six outfalls, to the following stream segments: Mills Branch of White Oak Creek, Segment No. 1010B; White Oak Creek, Segment No. 1010B; and Caney Creek, Segment No. 1010 of the San Jacinto River (Attachment 3: Permit and Registration Information).

INVESTIGATION

Heavy rains were predicted for the week of September 16, 2019 which prompted initial communication with the Triple PG Sand Development Facility. On September 21, 2019 the Civil Air Patrol (CAP) conducted an overflight of the Triple PG facility. The CAP was able to capture an aerial photograph of the facility, however the two berm breaches are out of view (Attachment 4: Civil Air Patrol Aerial Photograph Taken on September 21, 2019). On September 23, 2019 the facility notified the TCEQ Houston Region that a berm breach had occurred.

On September 24, 2019, Mr. Christian Eubanks and Mr. Kyle Linville conducted a site visit at the facility in response to a complaint. Upon arrival investigators met with Ms. Guniganti. Ms. Guniganti escorted the investigators to the first berm breach located on the south western edge of the facility, bordering White Oak Creek (Attachment 2: Vicinity and Breach Map). The breach was approximately 150 feet in length and 30 feet in width. Based on the direction of the uprooted trees along with the flow of the river, water from White Oak Creek came into the facility from the outside (Attachment 5: Photographic Documentation Taken on September 24, 2019; Photographs 1-2). White Oak Creek flows north to south along the western edge of the Triple PG dredge pond.


9/24/2019 to 9/25/2019 Inv. # - 1597993

Page4 of5

White Oak Creek is approximately 50 feet wide north of the first herm breach, anrl approximately 10 feet wide south of the berm breach. Due to the change in width, the creek began to turn east into the Triple PG facility, which then eroded the berm. From the location of the first breach, a second breach could be seen on the opposite side of the facility (Attachment 5: Photographic Documentation Taken on September 24, 2019; Photograph 3).

After inspecting the first berm breach Ms. Guniganti cea6ed her e6cort of the invc1.tigoton;. After porting with Ms. Cuniganti, the investigators continued their inspection of the facility. The investigators traveled to the northern area of the facility where they noted the construction of a road that connects the northwestern area of the facility to the nmtheastern berms that borders Caney Creek (Attachment 5: Photographic Documentation Taken on September 24, 2019; Photograph 4). Investigators also noted an area where a third berm breach may have occurred (Attachment 5: Photographic DoP-nmentation Taken on September 2,i, 2019; Photograph 5). Investigators could not confirm the third berm breach as the area was inaccessible at the time of the investigation.

Tnvestigators then walked to the south eastern edge of the facility, alung Caney Creek, Lu access Lhe secuml berm breach. The breach was approximately 100 feet in length and 30 feet in width (Attachment 2: Vicinity and Breach Map). Based on the curve of Caney Creek, the river eru<le<l Lhc berm from the outside in. Once the berm was breached, water flowed from inside the dredge pond out towards Caney Creek. At the time of the investigation water was visually observed flowing from the dredge pond to Caney Creek (Attachment 5: Photographic Documentation Taken on September 24, 2019; Photographs 6-8).

Additionally, while at the southeastern edge of the facility, investigators noted an area along the southeastern berm where water had overtopped the berm and flowed off-site. Based on the direction of the trees and debris, water from the dredge pond flowed southeast over the berms and continued to flow southeast off-site towards Caney Creek (Attachment 5: Photographic Documentation Taken on September 24, 2019; Photographs 9-11).

On September 25, 2019 Mr. Christian Eubanks and Mr. Trey Thumann conducted a site visit to obtain additional aerial photographs with TCEQ contractor Drone Pilot Inc. The drone was piloted by Mr. Reggie Book with assistance by Mr. George Conwill. Breaches one and two were confirmed, while the third potential berm breach could not be confirmed, as no water was discharging at the time of the drone flight. (Attachment 6: Photographic Documentation Taken on September 25, 2019; Photographs 1-4).

ADDITIONAL INFORMATION

The berm breaches that occurred between September 20, 2019 and September 23, 2019 remain breached. The dredge pond was breached on two sides of the facility, with White Oak Creek coming into the facility from the west at breach 1 and is exiting through breach 2 on the east edge of the facility into Caney Creek.

CONCLUSION

As a result of this investigation one outstanding alleged violation was noted: Failure to prevent the unauthorized discharge of process water.

SUMMARY OF INVESTIGATION FINDINGS

NOE Date: 9/27/2019

Track Number: 728924

OUTSTANDING ALLEGED VIOLATION(S)

ASSOCIATED TO A NOTICE OF ENFORCEMENT

Compliance Due Date: To Be Determined

Violation Start Date: 9/23/2019

2D 1WC Chapter 26.121(a)(1)

Alleged Violation:


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Pa e5 of5

Investigation: 1597993 Failed to prevent the unauthorized discharge of process water.

Comment Date: 09/27/2019

Specifically, during the investigation evidence of an unauthorized discharge of wastewater (process water) was observed from the eastern portion of the facility. Water entered the facility through an approximate 150-foot berm breach and exited through an approximate 100-foot breach.

With the violation from the current investigation (Investigation No. 1597993) the Triple PG Sand Development Facility does not meet the Enforcement Initiation Criteria (EiC) for automatic enforcement. However, due to the extent of the berm breaches, the large volume of process water discharged from the facility potentially caused high impact to human health and the environment, thus enforcement ar.tion i/; w;irrantr.cl.


Signed

Environmental Investigator

Signed~~

Supervisor



__ Letter to Facility (specify type) : _ ___ _

Investigation Report

__ Sample Analysis Results

_ _ Manifests


__ Maps, Plans, Sketches

__ Photographs

__Correspondence from the facility

_Other (specify):

Summary of Investigation Findings

1025 HUENI ROAD

nvestIgatIon

lnvesti~ifitt9

~ate: 09/24/2019 PORTER, MONTGOMERY COUNTY, TX 77365

Additional ID(s): TXR05BH80 AP0001818

OUTSTANDING ALLEGED VIOLATION(S) ASSOCIATED TO A NOTICE OF ENFORCEMENT

Track No: 728924 Compliance Due Date: To Be Determined 2D TWC Chapter 26.121(a)(1)

Alleged Violation:



Specifically , during the investigation evidence of an unauthorized discharge of wastewater (process water) was observed from the eastern portion of the facility . Water entered the facility through an approximate 150-foot berm breach and exited through an approximate 100-foot breach.

With the violation from the current investigation (Investigation No. 1597993) the Triple PG Sand Development Facility does not meet the Enforcement Initiation Criteria (EiC) for automatic enforcement. However, due to the extent of the berm breaches, the large volume of process water discharged from the facility potentially caused high impact to human health and the environment, thus enforcement action is warranted.



Exhibit D

Cause No. D-1-GN-19-007086

STATE OF TEXAS,

Plaintiff,

v.

TRIPLE P.G. SAND DEVELOPMENT, L.L.C.,

Defendant.

§ § § § § § § § § §

Filed in The District Court of Travis County, Texas

IN THE DISTRICT COURT

TRAVIS COUNTY, TEXAS

126TH JUDICIAL DISTRICT

AGREED TEMPORARY INJUNCTION

On this day, Plaintiff, the State of Texas ("State"), and Defendant, Triple P.G. Sand

Development, L.L.C. ("Triple P.G."), presented to the Court this Agreed Temporary Injunction.

The State appeared through Attorney General Ken Paxton, on behalf of the people of Texas and

the Texas Commission on Environmental Quality ("TCEQ"). Defendant Triple P.G. appeared

through counsel.

The purpose of this Agreed Temporary Injunction is to enforce the Texas Water Code,

and the TCEQ's rnles promulgated thereunder, which control the quality of water in the state,

pertaining to Defendant's sand mining and processing operation, located at 1025 Hueni Road in

Porter, Texas.

The Court, having reviewed this Agreed Temporary Injunction, finds that it is a proper

resolution of the matters raised in the State's application for temporary injunction in the

Plaintiff's Original Petition and Application for Injunctive Relief. The Court, therefore,

approves this Agreed Temporary Injunction.

IT IS THEREFORE ORDERED that the following Definitions and General Provisions

apply to this Agreed Temporary Injunction:

I. Definitions and General Provisions

1.1 As used in this Agreed Temporary Injunction, the following terms have the

m_eaning set forth below:

A. "Defendant" means Triple P.G. Sand Development, L.L.C., as well as its officers, agents, servants, and employees and upon those persons in active concert or participation with them;

B. "Facility" means the sand mining operation at 1025 Hueni Road in Porter, Texas, including 1) any areas where sand was dredged and 2) pits or ponds where process wastewater was stored;

C. "Effective Date" means the date that the Court signs this Agreed Temporary Injunction;

D. "Immediately" means the date this Court signs this Agreed Temporary Injunction;

E. "Industrial Waste" means waterborne liquid, gaseous, or solid substances that result from any process of industry, manufacturing, trade, or business. See Tex. Water Code§ 26.001(11). It includes "process wastewater" (as defined herein). Additionally, it includes industrial waste that has commingled with stormwater or surface water.

F. "OAG" means the Office of the Attorney General of Texas;

G. "Parties" means Plaintiff, the State of Texas, and Defendant Triple P.G. Sand Development, L.L.C.;

H. "Process Wastewater" is any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. See 30 Tex. Admin. Code § 305.2(30). It includes water that is in or has ever been in the Facility's "Dredge Ponds," as defined

herein.

State of Texas v. Triple P.G. Sand Development, L.L.C. Agreed Temporary Injunction Page 2 oflO

I. "TCEQ" means the Texas Commission on Environmental Quality;

J. "Water in the state" means groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the state, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state. It includes White Oak Creek, Caney Creek, the San Jacinto River, and Lake Houston.

K. "Dredge Ponds" are the pits or ponds from which Triple P.G. has removed sand or sediment for processing. It specifically· includes the "water body

area" reflected on the Site Map issued November 3, 2016 (attached hereto as Exhibit A).

1.2 The Parties and their counsel represent and warrant that they have participated

fully in the drafting, review, and revision of this Agreed Temporary Injunction. The Parties

and their counsel represent and warrant that they understand the conduct prohibited by and

required by this Agreed Temporary Injunction. The Parties and their counsel represent and

warrant that they understand the meaning, definition, use, and intent of all tem1s in this

Agreed Temporary Injunction.

1.3 Defendant acknowledges receipt of a copy of this Agreed Temporary

Injunction, is aware of the duties placed upon it by the provisions of this Agreed Temporary

Injunction, and is willing and capable of carrying out those duties in full. The Defendant

waives the necessity of the issuance and service of a writ of injunction and show cause order

pursuant to Texas Rule of Civil Procedure 692.

1.4 Each of the undersigned representatives of a Party to this Agreed Temporary

Injunction certifies that he or she is fully authorized to enter into the terms and conditions of

State ofTexas v. Triple P.G. Sanli.Development, L.L.C. Agreed Temporary Injunction Page 3 oflO

the Agreed Temporary Injunction and to legally execute and bind that party to this Agreed

Temporary Injunction.

1.5 The Parties hereby waive the right of appeal from this Agreed Tempornry

Injunction.

1.6 The Pmiies stipulate that prior drafts of this Agreed Temporary Injunction, if

any, or any language proposed by any party in the negotiations that resulted in this Agreed

Temporary Injunction, shall not be admissible in evidence for any purpose.

II. Temporary Injunction

2.1 IT IS FURTHER ORDERED that Defendant Triple P.G., as well as its

officers, agents, servants, and employees and those persons in active concert or pmiicipation

with them who receive actual notice of this order, are hereby temporarily restrained and

enjoined as follows:

2.2 Defendant shall not conduct any dredging operations at the Facility.

Defendant shall not engage in any operations at its Facility that discharge

process wastewater, nor shall Defendant engage in any operations at the

Facility that produce process wastewater that must be discharged off

Defendant's prope1iy without express prior approval from TCEQ.

2.3 Defendant shall ensure that the Dredge Ponds at the Facility are surrounded by

berms that are capable of hydraulically isolating any Industrial Waste therein.

Any breaches in existing berms shall likewise be repaired to ensure hydraulic

isolation. The berms shall be constructed and repaired or Defendant shall take

other action, as necessary, to halt the influx of water from creeks on or

adjacent to the Facility's Dredge Ponds, to prevent commingling with any

Stdte of Texas v. Triple P.G. Sand Development, L.L.C. Agreed Temporary Injunction Page 4 oflO

Industrial Waste and/or Process Wastewater and sediment within the Dredge

Ponds, and to prevent Industrial Waste and/or Process Wastewater from

flowing out of the Facility's Dredge Ponds into water in the state. The berms

shall be repaired as necessary to halt and prevent any discharges of Industrial

Waste and/or Process Wastewater from the Facility's ponds and/or pit during

rain events.

2.4 Defendant shall immediately and permanently cease and prevent all

discharges of any Industrial Waste and/or Process Wastewater from the

Facility into or adjacent to waters in the state. Defendant shall not allow any

discharge of water that is in or has ever been in the Facility's Dredge Ponds

without the express prior approval of TCEQ. Defendant likewise agrees to

comply with Texas Water Code§ 26.121.

2.5 Defendant shall immediately retain the services of a Professional Engineer,

licensed in the State of Texas and appropriately qualified, to propose a plan

satisfactory to TCEQ that will 1) ensure the Facility has berms capable of

hydraulically isolating the pits and ponds in accordance with the requirements

of Paragraph 2.4 above on a pennanent basis OR 2) provide for reclan1ation of

part or all of the Dredge Ponds sufficient to eliminate the foreseeable need for

the TCEQ.'s. regulatory oversight of the Dredge Ponds. Defendant shall

provide a proposed plan to TCEQ within ninety (90) days.

2.6 Any plan developed in accordance with 2.5 above shall reasonably ensure

Triple P.G. can prevent future discharges of any Industrial Waste and/or

Process Wastewater from the Facility into or adjacent to waters in the state.

State of Texas v. Triple P.G. Sand Development, L.L.C. Agreed Temporary Injunction Page 5 of 10

Defendant shall facilitate direct communication between TCEQ personnel and

the retained expert(s) to allow TCEQ to evaluate the viability of plans

proposed or being developed by Defendant.

2.7 Either party may request a modification of this Agreed Temporary Injunction

in Travis County District Comi. Each party agrees to reasonably cooperate to

schedule and participate in a hearing on any motion to modify this Agreed

Temporary Injunction. If an evidentiary hearing is required, Defendant agrees

to make its officers, directors, and/or employees available to testify without

requiring issuance or service of a subpoena.

2.8 Defendant shall not destroy or delete any records or electronic infom1ation in

its possession, custody, or control that relate to or concern their activities at

the Facility, including the processing, storage, recycling, discharge or disposal

of any sand or Industrial Waste that occun-ed or existed during the five years

preceding the Effective Date through final disposition of this lawsuit.

2.9 Defendant shall submit monthly (by the 10th day of each cale1idar month)

written certifications to the TCEQ and OAG to demonstrate its effo1ts towards

satisfying the work required under these injunctive provisions, until notified

by the State that such certifications are no longer necessary, which shall be

before Defendant's implementation of its plan identified in Paragraph 2.5,

above. The first of such reports will be due on or before December 10, 2019.

Ce1tifications required by these injunctive provisions shall be accompanied by

detailed supporting documentation, including photographs, receipts, and/or


other records, shall be signed by Defendant, and shall include the following

certification language:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted and all attached documents, and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted· information is true, accurate and complete. I am aware that there are significant penalties for submitting false infonnation, including the possibility of fine and imprisonment for knowing violations."

2.10 Defendant may request an extension of any deadline in the Agreed Temporary

Injunction by providing the following information to the TCEQ and OAG in

writing: (a) description of good faith effo1is made by Defendant to meet the

deadline; (b) explanation why the deadline has not been met despite those

efforts; (c) length of the requested extension; and (d) reasons for the

requested extension. The OAG and TCEQ shall consider the request and

provide a written response as soon as practicable. Reasonable, justified

requests for extensions will be granted only upon Defendant's demonstration

of diligent efforts to comply with the existing deadline. An agreed

modification of any deadline shall be in writing and signed by all Parties.

2.11 While Defendant performs the actions required in this Agreed Temporary

Injunction, the TCEQ may submit requests for info1mation in writing to

Defendant through its counsel. Defendant shall respond to any requests for

additional information from the TCEQ by the deadline in the request or within

three (3) days of receiving such questions or requests, if no deadline is

specified.

State a/Texas v. Triple P.G. Sand Development, L.L.C. Agreed Temporary Injunction Page 7 of 10

2.12 In addition to, and as a separate requirement from all other requirements in

this Injunction, Triple P.G. shall immediately use best efforts to comply with

the injunctive provisions in this Agreed Temporary Injunction. If Triple P .G.

fails to comply wholly with a specific provision in this Agreed Temporary

Injunction but could have at least partially complied with that provision,

Triple P.G. must do so.

2.13 Any reports, submissions, data, updates, extension requests, or other

documentation required to be submitted by Defendant in this Agreed

Temporary Injtmction to the TCEQ and Office of the Attorney General shall

be sent to the following addresses and/or e-mails:

Water Section Manager Region 12-Houston Texas Commission on Enviromnental Quality 5425 Polk Street, Suite H Houston, Texas 77023-1452 [email protected]

and

H. Carl Myers Environmental Protection Division Office of the Attorney General P.O. Box 12548, MC-066 Austin, Texas 78711-2548 [email protected]

III. Trial Setting

IT IS FURTHER ORDERED that this case is set for trial on the merits at 9:00 a.m. on

June 22, 2020, on the Central Settings Docket pursuant to Rule 2.2 and 2.3 of the Local Rules of

Civil Procedure of the District Courts of Travis County.


APPROVED AS TO FORM AND SUBSTANCE AND ENTRY REQUESTED:

KEN PAXTON Attorney General of Texas

JEFFREY C. MATEER First Assistant Attorney General

DARREN L. MCCARTY Deputy Attorney General for Civil Litigation

PRISCILLA M. HUBENAK

~ental Protection Division

H. CARL MYERS Assistant Attorney General State Bar No. 24046502 [email protected] PHILLIP LEDBETTER Assistant Attorney General State Bar No. 24041316 [email protected] Office of the Attorney General of Texas Environmental Protection Division P.O. Box 12548, MC-066 Austin, Texas 78711-2548 Telephone: (512) 463-4089 Facsimile: (512) 320-0911

ATTORNEYS FOR THE STATE OF TEXAS


APPROVED AS TO FORM AND SUBSTANCE AND ENTRY REQUESTED:

[email protected] ANDREW SCHUMACHER State Bar No. 24051310 [email protected] WINSTEAD, P.C. 401 Congress Avenue., Suite 2100 Houston, Texas 77056 Telephone: (512) 370-2800 Facsimile: (512) 370-2850 ATTORNEYS FOR DEFENDANT

State ofTe.xas v. TripleP.G. Sand Development, l.L.C. Agreed Temporary Injunction Page 10 of IO

EXHIBIT A

\ '\· .. :( \ \•, ' .._'\'~

~-...,,.=-----~--::::. :::---=-- ~

--a-'":;:~ ,, ,, DA-<l04~ ,t'

~ OUTFALL 003--.,_ ·/

WHITE OAK CREEK~

...,""' 1. APPROX. AREA OF THE ACTIVE INDUSTRIAL / -..._

OOUNDARY IS 476 ACRES. 2. NO KNOWN REPORTABLE SP!U.S HAVE .,.-,-·

OCCURRED ON-SITT: WITHIN THE LAST 3 ......,/ . YEARS.

3. WHITE OAK CREEK (RECEMNG WATER) IS NOT USitD ON M 2014 EPA AP?ROVED 303(d) LIST. THERE JS NO APPROVED TMOL FDR THIS RECEWlNG WATER AT THIS TIME.

3o. CANEY CREEK {RECElVING WATERS) IS USTED ON THE 2014 EPA APPROVED 303(d) !JST FOR 13ACT[RIA. THERE IS NOT A TMDL ASSOCIATED WITH THE LISTED SEGMENT.

4. LOADING AND UNLOAOJMG MAY OCCUR AN'rlll-lE.RE WITHIN THE ACTIVE INDUSTRIAL BOUNDARY AT THE SITE.

5. STORt.lWATER FROM DA-008 ANO DA-009 ARE RETAINED ONsm:. THERE ARE NO OUTFfaLLS ASSOCIATED WfTH THESE DRAINAGE AREAS.

* WATER FROM ALLOWABLE NON-STORMWATER ACTMTIES Mi\"( CON1Rll3UTE TO DISCHARGES FROM THESE 01.JTrALLS.

"' IMAGE: :r "' NONE ~ z ISSUE DATE: ! 11/03/2016 p DRAWN BY: NM

CHECKED BY: 'WK ~ ..lb SCALE: 1• = 600'

JOB NO.: 1n.,:;,o-,-ri11.d.

SITEMAP TXR05 SWP3 - HUENI RD PLANT

TRJPLE PG SANO DEVELOPMENT 1025 HUENI RD. PORTER, TEXAS

0£SCRWT10N l BY J DATE

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Environmental E-nglneering. Natural Resources.. P_Q_ Box 2205 Boerne, Texas 78006

(B30) 249-B284 Fo1t: {830) 249-0221 lBPE REG. N(L: F-4524

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DRNNAGE AREA NO. DRAINAGE AREA LlNE EA!ffilRN BERM AGGREGATE AUER BERM DITCH-SWAI.£

OUTFALL/SAMPUNG POJt~T FLOW ARROW APPROX, ACTIVE 11,IDUSTRW.. BOUNDARY

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Automated Certificate of eServiceThis automated certificate of service was created by the efiling system.The filer served this document via email generated by the efiling systemon the date and to the persons listed below. The rules governingcertificates of service have not changed. Filers must still provide acertificate of service that complies with all applicable rules.

Lik Irene Tong on behalf of Carl MyersBar No. [email protected] ID: 43831998Status as of 06/19/2020 09:38:04 AM -05:00

Case Contacts

Name

Kathy Dube

Christopher Pepper

John D. Stover

BarNumber

19349000

Email

[email protected]

[email protected]

[email protected]

TimestampSubmitted

6/17/2020 4:07:34 PM

6/17/2020 4:07:34 PM

6/17/2020 4:07:34 PM

Status

SENT

SENT

SENT

Associated Case Party: Triple PG Sand Development, L.L.C.

Name

Andrew Schumacher

BarNumber Email

[email protected]

TimestampSubmitted

6/17/2020 4:07:34 PM

Status

SENT

Associated Case Party: State of Texas

Name

Phillip Lile Ledbetter

H. Cark Myers

Irene Tong

BarNumber

24041316

Email

[email protected]

[email protected]

[email protected]

TimestampSubmitted

6/17/2020 4:07:34 PM

6/17/2020 4:07:34 PM

6/17/2020 4:07:34 PM

Status

SENT

SENT

SENT

Documents

6/17/2020 4:07 PM Velva L. Price District Clerk Travis ... · 6/17/2020 · Defendant Prabhakar R. Guniganti is an individual, sole director of Triple P.G. Sand Development, L.L.C.,