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AGENCY Texas Commission on Environmental Quality
ISSUE 04/27/2001
ACTION Miscellaneous

Public Notice

The Texas Natural Resource Conservation Commission (TNRCC or commission) is required under the Texas Solid Waste Disposal Act, Texas 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 November 24, 200,0 issue of the Texas Register (25 TexReg 11756).

Pursuant to §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 determined eligible for listing, and which the executive director proposes to list on the state registry. 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. Additionally, this publication gives notice of the commission's intent to perform a removal at the facility. The removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site. This notice concerning the facility was also published on Wednesday, April 25, 2001, in the Pearland Journal and Pearland Reporter News.

The facility proposed for listing is the Harkey Road Site, located at 17111 Harkey Road in an unincorporated section of Brazoria County approximately two miles south of the City of Pearland, Texas. The geographic coordinates of the site are 29 degrees, 31 minutes, 20.45 seconds North Latitude and 95 degrees, 18 minutes, 48.74 seconds West Longitude. The site, approximately 2/3 acre in size, is currently abandoned and fenced with posted warning signs. The fenced area consists of Lots #4 and #5 in Hasting Acres. The site was formerly owned by the late George Hastings and Nola Hastings. 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 TNRCC to evaluate potential, 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.

The TNRCC has recently conducted a site investigation to gather information for the evaluation of the site by the HRS. Soil samples were collected from within the fenced area, the Right-of-Way and from some of the neighboring properties. Two soil samples were collected at each sampling location; an upper sample collected approximately six inches below the base of the source material, and a lower sample collected approximately 2.5 feet below the upper sample. Currently the allowable limit for lead concentration in a residential environment for soil (air/ingestion) is 500 mg/kg. Eleven soil samples from the site had concentration of total lead over 500 mg/kg, with the highest concentration being 2,800 mg/kg. Some portions of the neighboring properties were also found to be contaminated with lead. The source of lead contamination is believed to be buried lead-acid battery chips.

Three ground water samples were also collected on site in the shallow aquifer during the site investigation and were analyzed for total lead. The total lead concentrations in the ground water samples were found to be from 0.066 mg/l to 0.965 mg/l. The drinking water standard limits the Maximum Concentration Level (MCL) of lead in water to be 0.015 mg/l. However, samples of ground water in the deeper aquifer collected from a domestic supply well and from the City of Pearland public water supply well did not indicate any presence of lead above the MCL.

A public meeting will be held on Monday, June 4, 2001 at 7:00 p.m. in the cafeteria of H.C. Carleston Elementary School, 3010 Harkey Road in Pearland, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry and identify additional potentially responsible parties. The public meeting will be legislative in nature and not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

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 Pearland Library, 3522 Liberty Drive, Pearland, Texas 77581, telephone (281) 485-4876, 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 (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

Handicapped parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.


Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 17, 2001

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