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Saturday, September 29, 2007

Public Record request to TCEQ and questions to Terry McMillan about new water in Asarco Lake (between the Smelter cemetery and the overpass) IGNORED

(sent to TCEQ Open Records, the TCEQ Office Public Assistance, contact at the TX Office Attorney General, offices of Sen. Shapleigh, Offices of Rep. Reyes, and TCEQ Legal contacts)

To:  Ms. Debbie Wahrmund

Please explain to me why my request for information (information newer than any of the records you have previously made available) is not a records request.   I would like you to give me the legal reasons, please.

You sent me the letters I wrote to Mr. McMillan.  In those letters I ask:
  1. "There is a lot of water at the site of the old natural ancient Asarco Lake, now.  Has anyone taken water samples and analyzed the samples for ENCYCLE wastes? If not, why?"
  2. "I have not seen a single analysis from Asarco/TCEQ/EPA that shows that anything has been tested for the wide range of metals and chemicals that would have been incinerated/handled by Asarco from Encycle.   We know that a report exists because Archie Clouse referred to it in an El Paso Times interview.I have been unable to get a copy - please explain why
In the letter you quoted, I repeated the request for information again, saying that I had "ask[ed] if that water had been recently sampled for Encycle wastes." and that I had wanted "to get a copy of the full chemical reports regarding the ENCYCLE wastes."

In both, I am asking for current information -- information that has NOT BEEN GIVEN to me.   Again, please give me the legal reasons why these are not PIA's ---why these requests for information (information newer than any of the records you have previously made available) are not records requests. 

I am copying this to the two congressmen offices which have pushed for investigation of the ENCYCLE wastes that were burned in El Paso, TX at the Asarco smelter; and copying my list of media.

Why is the TCEQ, the EPA and Asarco so unwilling to hand over a full-analysis of the "lake"? or tell me that it has/hasn't been done?

(We'd also like to know why the TCEQ commissioners have not added the motion to overturn the Asarco stormwater permit to their Agenda when peoples from both nations have provided enough evidence to show that the permit should not be renewed.)

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