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"THE ONLY THING NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING"
--Burke

Tuesday, May 19, 2009

TCEQ begs the question of the secret toxic waste

To:  Michael Chamberlain, TCEQ Legal Assistant
Fr:  Heather McMurray

If the TCEQ is "required to produce portions of documents that do not fall under an exemption even if other portions of the document fall under an exemption."  then why hasn't TCEQ done so?  

The TCEQ's actions appear as a deliberate evasion of open-government and access to the information I requested.  You have completely ignored my request, when I stated: "However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his [Mr. Brad Wilkinson's] possession."  

My only conclusion can be that the TCEQ does not want the Paso del Norte Community to know what poisons have been left here from what the EPA/DOJ 1998 confidential-for-settlement-purposes-only-document told us was deliberate incineration of unmanifested toxic-wastes for profit over years.

"I continue to point out that it is inherently incredulous that Mr. Wilkinson claims he has no communications (email, phone, electronic-mail from the phone, correspondence) about mercury (or strontium or the other chemicals I listed).   However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his possession.  It is inherently impossible for the TCEQ primary remediation contact to have no communications on record regarding these contaminates of concern."

"It is inherently incredulous that the main contact (B. Wilkinson) for all ASARCO El Paso remediation work for the last decade has no emails, wireless or otherwise (or phone logs, or correspondence) responsive to my request.  This is bordering on a deliberate withholding of information from the public.
In regards to having to submit a request for documents through the TCEQ public information - I had already done this, and these email communications were a result of Mr. Wilkinson refusing to admit he has any information responsive to my request.   Please note that I stated "If any of the information cannot be released to me in whole or in part because of confidentiality, please list those documents in question."  The latter was not done.

You will note the following records request.  Your offices have consistently failed to reply to my message stating that it is impossible for Mr. Wilkinson to not have Asarco El Paso Mercury data (for example) from the TCEQ when the TCEQ itself has sent me ASARCO mercury data.  There is no one else who oversees the remediation at the TCEQ.  He is the sole contact."

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