A temporary restraining order was issued against Valero, its subsidiaries and Ergon Asphalt & Emulsions Inc. by Nueces County Court-at-Law No. 1 Judge Robert J. Vargas last Thursday, Dec. 15. The action came 24 hours into the city’s fourth — and worst — water crisis in about 18 months. The order prohibits the companies from destroying anything that might serve as evidence in investigations of the water crisis.
Also, protestors have continued to hold court on the steps of city hall, handing out free water and sandwiches to the homeless and demanding answers from city officials.
The crisis began when the city was notified late Wednesday, Dec. 14, that water coming out of a faucet in a refinery complex had an oily sheen. At 10:25 p.m., the city issued a warning to residents to stop using their water. Three sections of the city — Flour Bluff, Calallen and Padre Island — have since been cleared of contamination. Testing of other sections of the city continued on Friday morning by the Texas Commission on Environmental Quality and the Environmental Protection Agency. The judge’s restraining order came as a result of a lawsuit filed by Sico Hoelscher Harris & Braugh LLP on behalf of WaterStreet Ltd. and Costa Sur Peruvian Fusion LLC. Another lawsuit was filed by Hilliard Munoz Gonzales LLP on behalf of businesses Coiffures of Country Club Inc., Anthony’s Aveda Concept Salon and resident Paula Porter. Filed by Bob Hilliard, the second lawsuit seeks damages of $1 million.
Both lawsuits name Valero Marketing and Supply Co., Valero South Texas Marketing Co., Valero Bill Greehey Plant, Valero Refining-Texas LP and Ergon Asphalt & Emulsions Inc. for any part they played in contaminating the city’s water supply with the two chemicals: Indulin AA-86 and hydrochloric acid.
Early on in the crisis, Valero issued a statement saying it was not responsible for the contamination and was working closely with environmental agencies to solve the problem. Valero is also supplying bottled water to the city for distribution free to residents.
“The issue is not related to Valero’s Corpus Christi refineries,” the issue states. “We continue to believe this is a localized back flow issue from Ergon in the area of Valero’s asphalt terminal.”
Both attorneys are known for their successful civil actions. Hilliard has filed lawsuits against General Motors, Volkswagen and Toyota, while Sico helped the Texas State Aquarium win its $1 million judgment in last year’s fish kill incident.
Many of the city’s restaurants and businesses have had to close their doors to customers. Anthony’s Aveda had to cancel more than 240 appointments because of the water problem and is seeking redress. More than 40 employees lost work.
The restraining order is good for 14 days, in which time a hearing will be held to decide whether the matter can go forward.
FOR THE GREATER GOOD
For the Greater Good is a protest group that formed earlier this year during a round of city water troubles when three boil water notices were issued within 10 months. They have been on the steps of city hall since Thursday morning handing out free water and sandwiches. They have also been attending media conferences, waiting until the end to raise their questions.
The group first asked how the city would get water to those without transportation as well as the disabled and elderly. The city is working on a plan to get water to everyone, answered Rudy Garza, one of the council members attending a media conference at 1 p.m. Thursday, Dec. 15.
“What do we want!” chanted a a young man. “Clean water!” shouted back about 15 people who attended the meeting. The answer changed to “Information” and then to “Transparency.”
Another member of the group, Erin Handy, spent her day at city hall handing out water and carrying signs.
“I am protesting the fact that we have these corporate interests that are polluting our water with seemingly zero accountability,” she told Corpus Christi Business News. “In my opinion, it’s criminal and it needs to stop. We need to hold our elected officials, who work for us, accountable. We need to let them know we are holding them accountable.”
At a media conference after an emergency executive session, newly elected Mayor Dan McQueen promised to do just that.
“This was not the fault of the water department,” McQueen said. “This was a third party, and we will we will hold them accountable that they contaminated our water supply.”
McQueen and four other members of the city council elected to their first positions on the council have been in office for four days as of Dec.16.
