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AGENCY Texas Commission on Environmental Quality
ISSUE 02/10/2006
ACTION Miscellaneous

Notice of Meeting on March 16, 2006, in Dayton, Liberty County, Texas, Concerning the Cox Road Dump Site Facility

The purpose of the meeting is to obtain public input and information concerning proposal of the facility to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that 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 most recent registry listing of these facilities was published in the March 26, 2004, issue of the Texas Register (29 TexReg 3278).

Pursuant to §361.184(a) the Act, the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission hereby gives notice of a facility that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the Cox Road Dump Site facility identified below. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in 30 TAC §350.53, Land Use Classification.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this facility was also published in the February 4, 2006, edition of the Liberty Vindicator and in the February 8, 2006, edition of the Cleveland Advocate.

The facility proposed for listing is the Cox Road Dump Site, located one mile north of FM 1413 on the west side of County Road 491 (Cox Road), Dayton, Liberty County, Texas. The geographic coordinates of the site are 29 degrees 58 minutes 30.84 seconds North latitude, 94 degrees 56 minutes 12.83 seconds West longitude. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the TCEQ to evaluate potential and relative risk to public health and the environment from releases or threatened releases of hazardous substances. The description may change as additional information is gathered on the sources and extent of contamination.

This facility is also known as the Liberty Waste Disposal Landfill. The landfill or landfarm is approximately 83 acres and was operated by the Joiner Oil Company from 1969 to 1983. The site is now owned by Joiner Liquidating Trust. The TCEQ and United States Environmental Protection Agency (EPA) were unable to contact property owners by mail or phone after numerous attempts.

The facility was originally used to landfill tank bottoms and filter cake from petroleum companies. Area residents reported that the landfill was up to 40 feet deep, and unlined. At the close of operations, the landfill was capped with approximately three feet of topsoil, which has since eroded away exposing the buried waste. Runoff from the site drains into the Trinity River through a series of ditches that run at the edges and through the center of the site. In April of 2004, TCEQ collected on-site soil samples containing levels of contamination above three times the background for barium, cadmium, chromium, cobalt, lead, mercury, Aroclor 1016, semi-volatile organic compounds (SVOCs) (including phenol), and volatile organic compounds (VOCs) including BTEX. On-site shallow ground water samples had various VOCs and SVOCs (phenol and polynuclear aromatic hydrocarbons, pesticide). Run-off controls are inadequate and the site is partially fenced at access points (ditch and two gates). No contaminants have been found in off-site residential water wells.

A public meeting will be held on March 16, 2006, at 7:00 p.m., in the cafeteria of Dayton High School, 3200 North Cleveland in Dayton, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, to identify additional potentially responsible parties, and to receive comment regarding the proposed commercial/industrial land use designation. The public meeting will not be a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., March 16, 2006, and should be sent in writing to Geof Meyer, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC 127, P.O. Box 13087, Austin, Texas 78711-3087, or by facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on March 16, 2006.

A portion of the record for this site, including documents pertinent to the ED's determination of eligibility, is available for review at the Jones Public Library, 307 West Houston Street, Dayton, Texas 77535, (936) 258-7060, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 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.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-2463. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Bruce McAnally, TCEQ Community Relations, at (800) 633-9363, extension 2141. Information is also available regarding the state Superfund program at: http://www.tceq.state.tx.us/remediation/superfund/index.html.


Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: February 1, 2006

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