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AGENCY Texas Commission on Environmental Quality
ISSUE 02/25/2005
ACTION Miscellaneous

Notice of an Administrative Order Pertaining to the J.C. Pennco Waste Oil Service State Superfund Site

This notice is issued by the Texas Commission on Environmental Quality (TCEQ) in accordance with Texas Health and Safety Code (THSC), §361.272, Administrative Orders Concerning Imminent and Substantial Endangerment. This notice is being published in the Texas Register on February 25, 2005 and in the following newspapers: San Antonio Express News, New Braunfels Herald Zeitung, and the Seguin Gazette Enterprise on February 25, 2005; in the Eagle Pass News Guide on February 24, 2004; and in the Williamson County Sun on February 23, 2005.

An administrative order (the order) concerning the J.C. Pennco Waste Oil Service State Superfund site (the site) was considered at the commission's public meeting on August 11, 2004, and was issued on August 18, 2004. The order primarily addresses the following matters: 1) identification of 52 parties as responsible for the solid wastes/hazardous substances at the site in accordance with THSC, §361.271; 2) settlement with 38 additional parties for any liability for the solid wastes/hazardous substances at the site, which amounts to $77,729 in settlement funds received by the TCEQ; 3) specification of the selected remedial action and appropriate land use for the site; 4) determination that the site poses an imminent and substantial endangerment to public health and safety or the environment; 5) order that the site be listed on the state registry of Superfund sites; 6) order that the responsible parties remediate the site, with specific deadlines for this activity to begin; and 7) order that the responsible parties reimburse the hazardous and solid waste remediation fee account for remedial investigation/feasibility study and remediation costs within a specified period of time.

The TCEQ attempted to deliver the order to all responsible parties. Due to the failure of delivery of the order by certified mail or hand delivery, the order is hereby served on the following parties: Aircraft Services; Alamo Transmissions; American Desk Manufacturing Company; American Hi-Lift Corporation; Associated Motors; Bobby's Auto Parts, Inc.; Broadway Radiator and Auto Repair; C & C Import Service Inc.; C & J Automotive; East Kelly Automotive; Ernie's Automotive; Faith Hill Automotive; Fitzgerald's Auto Service; Fox Alignment & Brake Service; Guarantee Auto & Truck Parts Inc.; Northeast Wrecker Service; Redland Transportation Inc.; Rigsby Paint and Body; San Antonio Transportation Agency Inc.; Taxsor Meats; and Theo's Brake & Tire.

The order identifies these parties as persons responsible for solid waste and hazardous substances at the site and orders them to remediate the site and reimburse the hazardous and solid waste remediation fee account for remedial investigation/feasibility study and remediation costs within a specified period of time.

The site is located at 4927 Higdon Road, southeast of San Antonio, outside the city limits, in Bexar County, Texas. The land use at the site is residential. The remedial action selected for the site is monitored natural attenuation with a plume management zone.

A portion of the record for this site, including documents pertinent to the remedial action, is available for review during regular business hours at the San Antonio Public Library, McCreless Branch, 1023 Ada Street, San Antonio, Texas. Copies of the complete public record, including a copy of the administrative order, may be obtained during regular business hours at the TCEQ's Records Management Center, Records Customer Service, Building E, First Floor, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program at http://www.tnrcc.state.tx.us/permitting/remed/superfund.html.

For further information about the site or the order, please call Carol Boucher, Remediation Division, at (800) 633-9363, extension 2501.

TRD-200500717

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 15, 2005



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