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AGENCY Texas Commission on Environmental Quality
ISSUE 06/07/2002
ACTION Miscellaneous

Notice of Intent to Delete The Avinger Development Company (ADCO) Site from the State Superfund Registry

The executive director (ED) of the Texas Natural Resource Conservation Commission (commission) is issuing a notice of intent to delete the Avinger Development Company (the site) site from the state registry, the list of state Superfund sites which 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 commission is proposing this deletion because the site has been accepted into the Voluntary Cleanup Program and is therefore, eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

The site was originally proposed for listing in the December 17, 1999 issue of the Texas Register (27 TexReg 11590). The site, including all land, structures, appurtenances, and other improvements, is approximately 26.49 acres located within the city limits of Avinger in Cass County, on the south side of State Highway 155, approximately one quarter mile east of the intersection with State Highway 49. The site also includes 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 is a former copper, chromium, arsenate (CCA) wood treatment facility and consisted of two metals buildings and an abandoned CCA discharge pit.

In accordance with §335.344(b), the commission will hold a public meeting to receive comments on this proposed deletion. This meeting will not be a contested case hearing within the meaning of Texas Government Code, Chapter 2001. The meeting will be held on July 9, 2002, at 2:00 p.m. at the Austin headquarters of the Texas Natural Resource Conservation Commission, 12100 Park 35 Circle, (south of Yager Lane on the southbound IH-35 access road) Building D, Room 200-33. All persons desiring to make comments regarding the proposed deletion of the site may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 2:00 p.m. July 9, 2002, and should be sent in writing to Mr. Robert Wucher, Project Manager, Remediation Division, Superfund Cleanup Section, Texas Natural Resource Conservation Commission, MC 143, 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 July 9, 2002.

A portion of the record for the site including documents pertinent to the ED's proposed deletion is available for review during regular business hours at the Daingerfield Public Library, 207 Jefferson Street, Daingerfield, Texas, telephone number (903) 645-2823. The complete public file may be obtained 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.

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 the public meeting, please call Joe Shields at (800) 633-9363.

TRD-200203273

Paul Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: May 28, 2002



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