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AGENCY Texas Commission on Environmental Quality
ISSUE 08/06/2004
ACTION Miscellaneous

Notice of Deletion of the Crim-Hammett Site from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this notice of deletion of the Crim-Hammett Site (the Site) from its proposed-for-listing status on the state registry. The state registry is a list of contaminated state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The Site was originally proposed for listing on the state registry as published in the July 21, 2000, issue of the Texas Register (25 TexReg 7039). The Site, including all land, structures, appurtenances, and other improvements, is approximately 3.6 acres located at 801 Highway 64, Henderson, Rusk County, Texas. In addition, the Site includes any areas where hazardous substances came to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The Site was owned by different members of the Crim family from September 21, 1928 - April 18, 1990. During the ownership by the Crims, the Site was used as an International Harvester franchise from August 14, 1961 - March 5, 1986. On April 18, 1990, the Site was purchased by Mr. Scott Hammett. Mr. Hammett tried to sell the property, but during a Phase I environmental site assessment by the potential purchaser, contamination was discovered at the Site. On March 6, 1994 Mr. Hammett notified the Texas Natural Resource Conservation Commission (predecessor agency to TCEQ) of the contamination. Contamination was believed to be from an on-site landfill that was used for the burial of waste oil, tanks, wood chips, drums, battery chips, and other debris.

The commission constructed a site perimeter fence to limit unauthorized access. Signs warning of contamination were placed on the fence. The commission conducted a remedial investigation that indicated that the contaminants of concern were lead in the soil and lead and petroleum bi-products, primarily benzene, in the groundwater. The investigation also led to the discovery of an on-site underground storage tank. The commission performed a removal action which included the on-site underground storage tank and surrounding soil as well as contaminated soil. The contaminated soil was removed from the Site, treated, stabilized, and disposed of in an approved landfill.

Excavation continued until native soils were encountered and the bottom of the excavation was visually free of battery chips. Once the area was fully excavated and no contaminated soil was left, the area was backfilled with clean material. After stabilization, the material was sampled and analyzed for waste classification. Once analytical results were accepted by the approved off-site landfill, the stabilized material was transported to the approved off-site landfill. TCEQ's contractor removed the on-site 1,000 gallon underground storage tank and surrounding soil, and disposed of it in the approved off-site landfill. The contractor also excavated, stabilized, and disposed of approximately 2,600 cubic yards of contaminated soil from the Site. The removal action eliminated the need for post-closure maintenance and monitoring.

The Site is appropriate for commercial/industrial use according to protective concentration levels in the Texas Risk Reduction Program and a deed recordation states that the Site may not be used for residential. Signs warning of contamination have been removed.

In accordance with 30 TAC §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the Site on June 17, 2004 at Henderson City Hall, Henderson, Texas. No comments regarding the proposed deletion were received at the public meeting. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Records Customer Service, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with 30 TAC §335.344(c), the ED has determined that due to the removal action that has been performed, the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Rusk County, Texas stating that the Site has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to Bruce McAnally, TCEQ Community Relations, (800) 633-9363 or (512) 239-2141.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 27, 2004

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