Public Research Works
What to Do Next

You’ve Filed a Complaint, What Can You Do Next?

Keep Track of Everything

Keep good records of your complaints and any correspondence to or from the TNRCC.

Write down the date of any contact with TNRCC staff, for example if an investigator calls you or comes to speak with you about the complaint. Write down what was said at a meeting or during a call with the investigator, including what you told the investigator, the investigator’s responses and any promises made by the investigator with respect to follow-up or enforcement.

If an investigator calls you or comes to speak with you about the complaint, consider asking the following:

Does the facility have a permit to pollute?

Does the TNRCC have a brochure to guide people who file complaints through the process?

If you have a complaint about a noxious odor and the wind has shifted, offer to accompany the investigator to a location where you can identify the odor as the one that was bothering you.

Has the investigator taken any samples? Air, water or soil samples? Is it appropriate to do a “tape lift” which can measure residue that might be the outside of buildings, coating vehicles or vegetation – or in the inside of buildings on furniture, window sills, etc. Request that the investigator inform you of any results of any sampling.

Ask what monitoring devices are currently in place? Do they continuously monitor or only take samples once every six days, as is sometimes the case? Ask if a mobile monitor is available or if monitoring devices and training can be supplied to you so you can help monitor.

Is the investigator planning any surveillance?

Have there been complaints or violations about this or related problems about this facility?

Note: If the TNRCC writes three violations for the same problem within five years, the TNRCC must initiate an enforcement action BUT the TNRCC does not have to wait for three violations to pile up.

Pointers on Gathering Evidence Regarding the Pollution Problem

Speak with your neighbors and have them write down their complaints. If some cases , for example a very serious pollution problem or repeat problem, it is a good idea, but not required, to document the complaint information in an affidavit and take it notarized by a notary public. Several people can sign one affidavit

If you are taking photographs or video of the problem, use an accurate date and time stamp is one is available. Make sure you include shots of landmarks that define the location and facility and then take closer and closer shots of the problem you are documenting.

If you believe there is not enough monitoring, you can get assistance. The TNRCC has a limited number of sophisticated gas chromotographs with equipment that does continuous real-time monitoring. The TNRCC can also provide concerned citizens with canisters so that you can sample the air when there is an incident occurring. Sometimes the TNRCC does not get the canisters to its labs in time for accurate analysis and sometimes findings of toxic substances are discounted when disputed by the violator. Still, having data from these types of monitoring devices can help you get the TNRCC to take action, so it is generally worth the trouble.

It is also possible to buy or construct air monitoring devices. Community groups are increasingly forming “Bucket Brigades” to do community-based air sampling. These Bucket Brigades are racking up successes and getting polluters to reduce their emissions. Go to http://www.bucketbrigade.org/

For volunteer water monitoring information, contact Texas Watch at their toll-free number: 1-877-506-1401, or visit their website at http://www.texaswatch.geo.swt.edu/monitoringfirstpg.htm. Their email address is: texas_watch@geo.swt.edu.

Getting Information about the Results of Your Complaint

Current TNRCC policy is that anyone who complains in writing is supposed to be sent written quarterly reports about their complaints until the complaint is closed. However, many people who complain in writing do not receive quarterly reports. Our email form allows you to ask the TNRCC to treat your complaint as a written complaint.

In any case, what seems to make a bigger difference is calling your regional TNRCC office on a regular basis to find out the status of your complaint:

Phone and Fax Numbers for the TNRCC Regional Offices

Region Number	Location	Phone Number	Fax Number
1	Amarillo	806) 353-9251	806) 358-9545
2	Lubbock	806) 796-7092	806) 796-7107
3	Abilene	915) 698-9674	915) 692-5869
4	Arlington	817) 469-6750	Air: 817) 795-2941 Water: 817) 795-2946 Waste: 817) 795-2985
5	Tyler	903) 535-5100	903) 595-1562
6	El Paso	915) 834-4949	915) 834-4940
7	Midland	915) 570-1359	915) 570-4795
8	San Angelo	915) 655-9479	915) 658-5431
9	Waco	254) 751-0335	254) 772-9241
10	Beaumont	409) 898-3838	409) 892-2119
11	Austin	512) 339-2929	512) 339-3795
12	Houston	713) 767-3500	Air: 713) 767-3761 Water: 713) 767-3791 Waste: 713) 767-3746
13	San Antonio	210) 490-3096	210) 545-4329
14	Corpus Christi	361) 825-3100	361) 825-3101
15	Harlingen	956) 412-5059	956) 412-5059
16	Laredo	956) 791-6611	956) 791-6716

This TNRCC web page has the lists of counties in each region and regional office addresses and an office locator maps for each of the regional offices: http://www.tnrcc.state.tx.us/admin/directory/region/reglist.html

The TNRCC also has a guide that TNRCC staff gives to businesses that have been investigated. (It’s called “The TNRCC Has Investigated Your Business – What Does This Mean to You?”) It has some good background information on the complaint and enforcement processes for you too. Download this document from a link on the last web page above or use this direct link: http://www.tnrcc.state.tx.us/admin/topdoc/rg/344.pdf

The regional TNRCC offices have files with the permits and information on past complaints and enforcement actions. If you want to educate yourself about the pollution sources in your community, there is often lots of key information at the regional office in your area or the TNRCC headquarters in Austin.

Information is Power

For example, concerned parents found out that the permit used by their local municipal utility district (MUD) to spray sewage from towers was an experimental permit and that the MUD had never done the follow-up monitoring the experimental permit required. This information helped the concerned parents secure a commitment from the MUD to treat the waste to a higher standard before spraying it.

Another great source of information are the following websites which publish data from the Toxics Release Inventory (TRI). One is http://scorecard.org which is a service of the public interest group Environmental Defense and the other is a website of the U.S. Environmental Protection Agency http://www.epa.gov/tri/tri98/

Participate in Enforcement Proceedings

If the TNRCC finds a violation and initiates an Enforcement Proceeding you have an opportunity to comment on the proposal. For more information, see Participating in Enforcement Actions (link here).

Contact Your State Senator and State Representative

If the response of the TNRCC is inadequate, contact your state legislators and let them know, because they vote on state laws and the TNRCC’s budget. When state legislators contact the TNRCC about a complaint, there is a better chance for action.

State Legislators Can Get Action

The TNRCC told a community group in Odessa that it could not afford sophisticated gas chromotagraphs. When the state representative contacted the TNRCC, the agency agreed to supply not one – but two – to better monitor the pollution problems.

If you aren’t certain how represents you and how to contact them, call your county clerk or go to these websites to find out:

For the name of your State Senator: http://www.senate.state.tx.us/75r/Senate/Members.htm

For the name of your State Representative: http://www.house.state.tx.us/house/byzip.htm

Contact City and County Officials

Gain support of elected and other local officials and agencies to pressure the TNRCC into taking appropriate enforcement actions. Get on the agenda of the city council or county commissioners to educate them about the problem.

Allies Can Make All the Difference

A feedlot in Washington County which was creating terrible odors in their area was applying to greatly expand its operations. A state park in the area went on record opposing the plan because the stench would drive away tourists. The permit to expand the feedlot was not approved.

If you are Dissatisfied with the TNRCC’s Response, Contact the U.S. Environmental Protection Agency

If you are dissatisfied with how the TNRCC is handling your problem, you can also contact the U.S. Environmental Protection Agency (EPA). Texas is in EPA Region 6. The toll-free number is 1-800-887-6063. The Office of Compliance Assurance and Enforcement is 214) 665-2210.

You can also make a comment at the Region 6 web page: http://www.epa.gov/earth1r6/r6coment.htm

In the North Texas town of McKinney, community members noticed trucks going into a quarry operation with loads of construction waste and coming out empty. The quarry is on the banks of the Trinity River. People complained twice to the TNRCC about possible illegal dumping. The TNRCC investigations found no violations. However, they called the EPA and the EPA investigation found many problems at the site.

Contacting the Media

You may want to contact the media in your community – community or metropolitan newspapers, radio and television stations. Tell them about your situation and any problems you have had with the TNRCC following up on complaints. Monitor the media to see which reporters seem to be covering environmental issues or seem to cover your local area. Be prepared to tell the reporter in a nutshell about the problem. See this website for basics about organizing your community and working with the press: http://www.ohiocitizen.org/about/training/train.html

Hire a Lawyer

If the problem is very serious or you are not getting appropriate action from the TNRCC, consider hiring a lawyer. Look for someone who has experience in environmental law.

Network with other Groups

Network with other groups that have worked on this type of pollution problem or confronted the polluter that is causing the problem you face. Try to speak with people who work for the polluter to get a view from inside the facility. Contact PRW for ideas or try some of these links:

Public Interest Sunset Working Group Sunset http://www.texascenter.org/sunset

Public interest groups have been working together to reform the TNRCC through the Sunset process in which state agencies are subject to rigorous review every twelve years.

Center for Health, Environment and Justice http://www.chej.org

This organization was founded by Lois Gibbs who was active in the Love Canal incident in the late 1970’s. The organization’s web-page indicated that it can provide technical and organizing assistance.

PRW Home Page PRW Report on TNRCC Complaint Process
Learn More about the Review of the TNRCC by the Sunset Advisory Commission