-------- Original Message --------
Subject: Re: State database shows some stations inspected within past four years, others not in database
Date: Tue, 12 Oct 2010 22:58:28 -0500
From: Vince Leibowitz
To: Gardner Selby <wgselby@statesman.com>


With regard to the state database indicating that these pumps have been inspected, it doesn't matter if they are listed as having been inspected YESTERDAY if they don't have seals TODAY. If the pumps DO NOT BEAR THE SEAL OF THE TEXAS DEPARTMENT OF AGRICULTURE, they do not currently possess a valid inspection and ARE NOT LEGAL, period. If you say they are legal or valid or current, that's wrong, period. Check the Agriculture Code and the Administrative Code. Bryan Black can spew whatever crap he wants to on that point, and I invite him to say that those pumps are legal without inspections, because he's inviting every single person fined in the last year for that offense to sue the state and Staples.

Additionally, all of our data was current on the dates it was collected. If the stations have been inspected since, as you'll note below, that's not relevant because, when we announced the stations as non-compliant, they were non-compliant.

Also, we will go on the record as noting that we've been told by five separate regulatory inspectors that ghost inspections are commonplace within TDA. I can put you in touch with one who will provide you with information on ghost inspections, but you cannot use the inspector's name. If you can agree to those terms, we'll be glad to provide that information. You can verify the inspector independently through the state salary database and, if you like, run the inspector's driver's license number, tax records, and whatever else you want to see if they are who they say they are, but you cannot use their name. 

The remaining issues are addressed below within the message. See below.



On Tue, Oct 12, 2010 at 4:10 PM, Gardner Selby <wgselby@statesman.com> wrote:

According to the state database, he pumps at the station at 1200 S IH 35 and the one at Highway 79 and IH 35 have passed inspections within the four years:

http://www.tda.state.tx.us/internet/pir/details.jsp?accountNum=45082&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=WILLIAMSON&City=&ZipCode=&BusinessName=

http://www.tda.state.tx.us/internet/pir/details.jsp?accountNum=45400&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=WILLIAMSON&City=&ZipCode=&BusinessName=

Below are what I found per the other stations you listed (some of which had incorrect addresses or other information):

1.       Stop-N-Save 908 E Amarillo Blvd 79107 2ndQtr 2005 NOT IN TDA DATABASE
2.       Loveís Truck Stop 8615 Canyon Dr. 79118 No stickers NOT IN TDA DATABASE
3.       J-N-B Quickshop Central and River Rd 2ndQtr 2006 NOT IN TDA DATABASE
4.       Flying J Truck Stop 9601 E I40 79118 No Inspection; last inspected May 2009, 39 nozzles, dispensers and pumps passed, three failed. SOURCE: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0220808&inspNum=0808100602&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=POTTER&City=&ZipCode=&BusinessName=


Again, we reported that this station bore no inspection stickers. When we visited the station, it had no inspection stickers, and therefore had no pumps in compliance. You cannot dispute the fact that, when we visited the station, it had no stickers.
 
5.       United Supermarket 5601 Amarillo Blvd. W No Stickers; last inspected October 2008, 0 passed quality, 0 failed quality source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0320821&inspNum=0808100264&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=POTTER&City=&ZipCode=&BusinessName= 36 passed quality in May 2007 source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0320821&inspNum=0760901093&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=POTTER&City=&ZipCode=&BusinessName=

Again, we reported that this station bore no inspection stickers. When we visited the station, it had no inspection stickers, and therefore had no pumps in compliance. You cannot dispute the fact that, when we visited the station, it had no stickers.

6.       Taylorís Food Mart` 4434 S. Western 79109 4thQtr 2004 NOT IN TDA DATABASE
7.       Toot N Totum 4631 S Western 79109 No Inspections; last inspected March 2009, 24 multi-product dispensers passed, two diesel pumps passed source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0213297&inspNum=0808100556&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=POTTER&City=&ZipCode=&BusinessName=toot


Again, we reported that this station bore no inspection stickers. When we visited the station, it had no inspection stickers, and therefore had no pumps in compliance. You cannot dispute the fact that, when we visited the station, it had no stickers.
 
TYLER

Mini Mart 2431 ESE Loop 323 Tyler EXPIRED/1997/2003 ; 6 pumps passed, 9 failed on 9/13/2010 source; http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0582891&inspNum=0790901283&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=SMITH&City=&ZipCode=&BusinessName= inspected again 9/14/2010 6 passed, 10 failed source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0582891&inspNum=0790901281&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=SMITH&City=&ZipCode=&BusinessName= inspected again 9/27/2010 5 passed, 5 failed source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0582891&inspNum=0790901289&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=SMITH&City=&ZipCode=&BusinessName=


Each of these locations was inspected AFTER our press conference in Tyler on this issue. We had our press conference on September 13. The MiniMart listed first was inspected by the TDA inspector during our press conference, and we have video of his inspection. As for the rest, they were inspected

 
Kyleís Kwik Stop/Valero 6288 U.S. 271 Tyler 2006/EXPIRED STICKERS ; last inspected 2/09, shown as delinquent source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0433545&inspNum=0790900651&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=SMITH&City=&ZipCode=&BusinessName=

Again, we reported that this station bore no inspection stickers. When we visited the station, it had no inspection stickers, and therefore had no pumps in compliance. You cannot dispute the fact that, when we visited the station, it had no stickers.

Fuel Plus Gentry Parkway @ SH 271 Tyler NO CURRENT INSPECTION/NO STICKERS; called Express Food Mart, 2002 E. Gentry Parkway, only inspection Sept. 14, 2010, 14 pumps pass, but shown as having a registration violation


Again, this station was one inspected AFTER we announced the station was out of compliance.
 
Chevron 810 ESE Loop 323 Tyler NO CURRENT INSPECTION/NO STICKERS Found Super Sak No. 3, 1810 East Southeast Loop 323, Tyler, Texaco/Chevron, 24 pumps passed in March 2007 source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0052239&inspNum=0476202594&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=SMITH&City=&ZipCode=&BusinessName=; reinspected 9/14/2010, 27 pumps passed, improper classification noted source: http://www.tda.state.tx.us/internet/pir/inspectiondetails.jsp?accountNum=0052239&inspNum=0770202777&FromDate=10/12/2006&ToDate=10/12/2010&CountyName=SMITH&City=&ZipCode=&BusinessName=


Again, this station was one inspected AFTER we announced the station was out of compliance.  As for the alleged inspection in March of 2007, we reported that this station bore no inspection stickers. When we visited the station, it had no inspection stickers, and therefore had no pumps in compliance. You cannot dispute the fact that, when we visited the station, it had no stickers.


In each of these instances, when we visited the station, it was as we founded and as we reported and/or released it to the media. The Agriculture Code and/or the Texas Administrative Code require that the pumps be inspected and bear that inspection in order to be in compliance.

Let me reiterate: the information we provided you on the pumps is 100 percent accurate. If they bore no seal when we visited them, they bore no seal. You cannot dispute the conditions that were present when we were present at the stations. You can indicate what the Database claims about the pumps and what you visually and personally see today on those pumps. But, it would be grossly unfair and biased if you claim that we cannot prove the pumps bore no seals. Being out of compliance for bearing no seal and having been inspected at some point in the last four years are two different things.

Let me know if Hank Gilbert has other thoughts on this.

Hank has the following for PolitiFact:  "A pump that does not bear a current inspection sticker is, as far as the consumer knows when he or she fills up with gas, uninspected. If it was inspected at some point in the last four years and doesn't bear seals, it is still non-compliant. Even when TDA inspectors inspect the pumps, in many cases, the consumer still has to wonder if they get what they are paying for--or even if the station is being unduly penalized because of inaccurately conducted inspections. During my press conference in Tyler, we witnessed an inspector inspect gas pumps with the volumetric inspection units sitting on a dolly off the ground. This is against TDA procedure and is against TDA procedure precisely because it can alter the result of the measurement. While the average consumer may not be concerned with the procedural ins and outs of the actual inspections, they should be concerned that the inspections may not being done properly to begin with. In fact, this is presently the subject of a major lawsuit in which TDA is named as a defendant."