According to the TX Health Code, cities and counties can inspect drilling facilities and records, fine them for permit violations and even sue. And, get this: Citizens can file a civil suit against elected officials who fail to uphold the code. TX. Code excerpts Section 382.111, Tex. Health & Safety Code, gives a local government – a “municipality” (city or town), a “county” or a Chapter 121 “health district” – the authority to enter, review records and inspect for violations, similar to the authority of TCEQ 382.111. Inspections; Power to Enter Property (a) A local government has the same power and is subject to the same restrictions as the commission under Section 382.015 to inspect the air and to enter public or private property in its territorial jurisdiction Enforcement: Section 7.351-.353, Tex. Water Code, provides that a local government is authorized to sue for injunctive relief and penalties for violations by facilities within the jurisdiction of the local government in the same manner as TCEQ could sue. in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter, may institute a civil suit under Subchapter D in the same manner as the commission in a district court by its own attorney for the injunctive relief or civil penalty, or both, as authorized by this chapter against the person who committed, is committing, or is threatening to commit the violation. To answer questions about the air facts I presented at last night’s Denton City Council meeting, see links. AIR POLLUTION FACTS
- The oil and gas industry releases about 37 tons of VOC emissions per day in Denton County.EDF Press Release
- All of the cars and trucks in the nine-county DFW ozone nonattainment area produce 100 tons of VOC emissions per day . EDF Press Release, Presentation
- TCEQ’s most recent surveillance with IR cameras found pollutants at every Barnett Shale facility tested. (Dallas Morning News, “Most Barnett Shale facilities release emissions” 4-11-10)
- Those same toxic compounds were detected in DISH residents’ blood, urine and water (Denton Record Chronicle, “Tests find toxins in Dish residents” 4-11-10)
- Shannon Ethridge, TCEQ Toxicologist said they had seen, “some of the highest benzene concentrations we have monitored in the state.” She compared the DFW area emissions to those found in the highly industrialized Houston Ship Channel area. LINK
- A study by the University of Texas School of Public Health found that children living within 2 miles of the heavily industrialized Houston Ship Channel, have a 56% greater risk of contracting acute lymphocytic leukemia than children living farther away. In minority neighborhood, kids’ risk of cancer soars By Howard Witt and Tribune Senior Correspondent Chicago Tribune Archive for Sunday, July 29, 2007
About Sharon Wilson
Sharon Wilson is considered a leading citizen expert on the impacts of shale oil and gas extraction. She is the go-to person whether it’s top EPA officials from D.C., national and international news networks, or residents facing the shock of eminent domain and the devastating environmental effects of natural gas development in their backyards.
- Web |
- More Posts(5121)
This could really bolster DISH's abilities to control air pollution.
I think this could be the answer we're looking for -or at least one of them. If this makes the idiot commissioners do their job under the threat of lawsuit (and exposure)so be it. Unofrtunately, I think one will have to actually get sued before the other ones figure it out.
And then if you go the legal route, you have to deal with the crooked court system in Tx!
My mom lives 35 miles from this area and is homebound. What is to happen to people like her who live in Texas but are affected by events in Lousianna? Caddo Lake is a main water source for Texas and Lousianna.
A devastating event will happen along the lines of 9-11 or Katrina and it will jolt this country into recognize the threat which is upon us.
I am the eternal optimist but it is getting harder and harder each day to keep my chin up as it hits closer and closer to home.
Sorry to be the bearer of bad news- as usual. What I see in the THSC is that a city or county CAN ALSO enforce, but is not REQUIRED to enforce the rules like TCEQ. And if you recall from our previous discussions, if you sue to force a local government to do something under THSC, the standard will be "reasonableness."
But, an "affected individual" could sue the violator for enforcement even if the city or county chooses not to exercise it's authority under the code.