COB sues mineral refinery after alleged code violations

_{The City of Brownsville has filed a lawsuit against Milwhite, Inc., located at 5487 South Padre Island Highway, alleging code and zoning violations.Milwhite, Inc. is a company specializing in developing mineral-based products. Eduardo Cortez/THE RIDER} 

The City of Brownsville is taking legal action against Milwhite, Inc., a company specializing in developing mineral-based products that residents say has heavily polluted nearby neighborhoods.

As previously reported in the Feb. 26 issue of The Rider, Milwhite, Inc., located at 5487 South Padre Island Highway, has been accused by residents of “pervasive dust and constant loud noise” and for responsibility of “declining health, illnesses, and discomfort and fear from the effects of being outside,” according to the lawsuit.

The Texas Commission of Environmental Quality began inspection of Milwhite’s facility in September 2022, according to the lawsuit. In July 2023, TCEQ staff reported dust emissions on several dates, as well as health issues such as “a headache, dry irritated throat” and “coughing” after inspecting the facility on July 28.

Residents expressed their concerns at city commission meetings in the Summer of 2023.

Milwhite representatives then met with city representatives on Aug. 29 and Oct. 18 of 2023 to discuss code violations and current site zoning entitlements.

The notice of violations given by the City to Milwhite contains a list of “platting, zoning, building, and site plan violations.”

Under the 2020 City of Brownsville Unified Development Code, the lawsuit alleges Milwhite failed to record a plat of 8.76 acres tract of land, serving as a plat violation.

 Zoning violations include violation of Ordinance 2007-235.75 “by openly storing prohibited materials” which create hazardous conditions in their facility.

Multiple site violations listed refer to the lack of landscaping, a required screening wall and parking area paved with asphalt or concrete.

Milwhite’s building code violations include not following-through with an inspection process, performing work on the property without a permit and failure to obtain a Certificate of Occupancy.

The lawsuit states the City was under the impression that the mineral refinery would resolve the violations. At the time of the lawsuit’s release, Milwhite had not done so.

The City is seeking to “obtain a temporary restraining order, temporary injunction, and permanent injunction relief and recover civil penalties.”

The City is requesting no more than $1,000 in civil penalties per violation of the City Code.

“Our doors for dialogue and cooperation remain open,” said Mayor John Cowen Jr. in a Feb. 21 news release on the city’s website. “… And we hope that Milwhite, Inc. will take this as an opportunity to rectify their practices.”

Lena Chaisson-Muñoz, assistant city attorney II, said the first court hearing took place at 9:15 a.m. March 7 in the 444th District Court of Cameron County.

“Our job here is just to ensure the city’s ordinances are being abided by,” Chaisson-Muñoz said during an interview with The Rider on March 4 . “… And so we just want everybody to comply with the law. That’s it. For the health and safety of the citizens of Brownsville.”

The Rider reached out to Mayor John Cowen, but he declined to comment.