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AGENCY Texas Commission on Environmental Quality
ISSUE 08/31/2007
ACTION Miscellaneous

Notice of Deletion of Harvey Industries, Inc. State Superfund 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 Harvey Industries, Inc. state Superfund site (the Site) from its proposed-for-listing status on the state Superfund registry. The state registry is the list of state Superfund sites 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 Site was originally proposed for listing on the state registry in the May 9, 1995, issue of the Texas Register (20 TexReg 3506). The Site is located at the southeast corner of the intersection of Farm Road 2495 and Texas 31 in Athens, Henderson County, Texas. The Site included any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Site.

The Site was developed as a television cabinet and circuit board manufacturing facility in 1955. In 1973, a landfill was permitted for the facility in the location of a former clay mining pit. The landfill reportedly received sawdust, wood, cardboard, general refuse, paint sludge, and other industrial solid wastes. A hazardous waste incinerator and a fire training area were also located on the Site separate from the landfill. The waste incinerator and fire training areas, including associated groundwater impacts, were remediated by previous owners or operators of the Site prior to the Site being proposed to the state registry of Superfund sites. The hazard ranking system documentation prepared for the Site in 1994 identified potential hazards associated with the landfill and potential hazards associated with approximately 300 drums and containers of paint wastes and spent solvents located in various structures on the Site. The drums and containers of waste were removed by a third party under an agreement with the state which provided for cleanup of the on-site buildings and warehouses in exchange for the right to lease the warehouses.

From 1996 through 1998 the state conducted a remedial investigation of the Site, which determined that no hazardous substances exceeding protective concentrations were located within the landfill or soil at the Site. However, the investigation determined that arsenic, beryllium, lead, and nickel slightly exceeded protective concentrations in shallow groundwater at the Site. A 2001 draft proposal to address groundwater contamination by natural attenuation was withdrawn by the State when the protective concentration for arsenic was revised by a change in federal regulations.

Additional Site investigations conducted from 2002 through 2005 determined that landfill gas (methane) generated by the decomposition of solid waste in the landfill at the Site could have presented a future hazard to occupants of the nearby on-site buildings and could have affected the groundwater chemistry to allow the mobilization of contaminants in groundwater. Therefore, in 2006, a landfill gas venting system was installed to prevent buildup and further migration of landfill gas and to improve groundwater geochemistry.

Ongoing groundwater monitoring conducted since 2001 has demonstrated that no hazardous constituents associated with the Site remain in groundwater at levels that present a risk to human health or the environment. It is believed that natural attenuation and changes in geochemistry associated with the landfill gas venting system will prevent future occurrences of hazardous substances above protective concentrations in the groundwater associated with the Site. In one very isolated area outside the boundaries of the facility, shallow groundwater impacted by cadmium exceeds protective levels. However, this contamination is not attributable to the Site and therefore is not being addressed as part of the Site.

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 14, 2007, at the Cain Civic Center, 915 South Palestine, Athens, Texas. Most comments received into the record were addressed at the public meeting by TCEQ staff. TCEQ staff have prepared a letter that responds to one comment received into the record that was not fully addressed at the public meeting. This letter has been mailed to members of the public who attended the meeting and a copy of the letter has been placed in the public file for the Site. The complete public file, including the transcript of the meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Pursuant to 30 TAC §335.344, the ED has determined that due to the removal actions that have been performed at the Site, the Site no longer presents an imminent and substantial endangerment to public health and safety or the environment.

A notice will be filed in the real property records of Henderson County, Texas stating that the Site has been deleted from the state registry. In accordance with commission rules, the Site is not appropriate for residential use.

In accordance with commission rules, notice will be recorded in the county deed records in Henderson County that an industrial solid waste landfill remains on the Site. The recorded notice will: 1) warn that no activity should be conducted which would harm the integrity of the landfill cover or the landfill gas collection system or the fence around the part of the landfill with earthen cover; 2) warn that no enclosed structure should be constructed over any part of the landfill; and 3) specify that vehicle parking and other similar activity may occur on the paved portion of the landfill as long as the paved cover is not damaged.

The TCEQ will conduct long-term operations and maintenance (O&M) activities at the Site to ensure continued function and integrity of the industrial solid waste landfill cover, the landfill gas venting system, a perimeter fence around the landfill, and groundwater monitoring wells. O&M activities will include groundwater monitoring to ensure that no future releases are associated with the solid waste in the landfill remaining on site.

All inquiries regarding the deletion of the Site should be directed to John Flores, Community Relations, telephone number 1-800-633-9363.


Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 20, 2007

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