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AGENCY Texas Commission on Environmental Quality
ISSUE 07/21/2000
ACTION Miscellaneous

Public Notice

The Texas Natural Resource Conservation Commission (TNRCC 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 May 26, 2000, issue of the Texas Register (25 TexReg 4944).

Pursuant to the Act, §361.184(a), the commission must publish in the Texas Register and in a newspaper of general circulation in the county in which the facility is located, a notice of intent to list a facility on the state registry of state Superfund sites. With this publication, the TNRCC hereby gives notice of a facility or area 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 TNRCC also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the facility identified below. The TNRCC proposes a commercial/industrial land use designation. Determination of future land use will impact the remedial investigation and remedial action for the site.

This notice 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. The notice of intent to list this facility also appears in the July 21, 2000, edition of the Hendersion Daily News .

The property proposed for listing is known as the Crim-Hammett site, 801 Highway 64, located in Rusk County, Henderson, Texas. The approximate geographic coordinates of the site are 32 degrees, 10 minutes, 03 seconds, North Latitude and 94 degrees, 48 minutes, 01 seconds, West Longitude.

The site was used as a truck, tractor, and automobile dealership from 1947 - 1961. From 1961 - 1986, the site was the location of an International Harvester franchise.

There is an alleged landfill on the site. Observations and photos taken at the site indicate that the landfill was used for the burial of waste oil, oil filters, fuel tanks, tires, wood chips, drums, and battery chips. The landfill is located at the west and southwest areas of the site. Sample analysis results from the TNRCC Screening Site Inspection (SSI) conducted at the site in February 1996 indicated metals, pesticides, and PCBs in the soil.

The February 1996 SSI sampling event also documented hazardous substances in Thompson Lake and Hardy Creek wetlands areas. Sediment samples were collected downstream from the site. Metals, one pesticide, and one semi-volatile organic compound were detected in the sediment samples.

Releases of hazardous substances to the surface water pathway are the major concern for this site. Lead has been documented in the sediment approximately 2.0 miles downstream of the site. No drinking water intakes are located within 15 miles of the site. Neither Thompson Lake, nor any other lakes within 15 miles are considered fisheries.

A public meeting will be held Thursday, August 31, 2000, 7:00 p.m., in Council Chambers of Henderson City Hall, located at 400 West Main Street, Henderson, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility subject of this notice is located. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Government Code, Chapter 2001).

Written comments may also be submitted to the attention of Dan Switek, Superfund Cleanup Section, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas, 78711-3087, telephone number (512) 239-4132. All comments must be received by the commission on or before August 31, 2000.

The executive director of the TNRCC prepared a brief summary of the commission's records regarding this site. This summary and a portion of the records for this site, including documents pertinent to the executive director's determination of eligibility, are available for review at the Rusk County Library, 106 East Main Street, Henderson, Texas, telephone number (903) 657-8557, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the TNRCC Records Management Center, Building D, Room 190, 12100 Park 35 Circle, Austin, Texas 78753; telephone numbers 1-800-633-9363 (within Texas only) or (512) 239- 2920. Photocopying of file information is subject to payment of a fee.


Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 7, 2000

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