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AGENCY Texas Commission on Environmental Quality
ISSUE 01/10/2003
ACTION Miscellaneous

Notice of Intent to Take No Further Action at the Barlow's Wills Point Proposed State Superfund Site and to Delete the Site from the State Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the Barlow's Wills Point Proposed State Superfund site (the Site) and to delete the Site from its proposed-for-listing status on the state registry. This is a 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 ED has determined that due to removal and remedial actions that have been performed, the Site no longer presents such an endangerment. This combined notice was also published in the legal notice sections of the Canton Herald and Edgewood Enterprise on January 9, 2003, and in the Wills Point Chronicle on January 10, 2003.

The Site was proposed for listing on the state registry in the November 12, 1996 edition of the Texas Register (21 TexReg 11126). The Site, including all land, structures, appurtenances, and other improvements, is located in an unincorporated area of Van Zandt County, Texas on the south side of US Highway 80, 3.4 miles east of the intersection of US Highway 80 and State Highway 64 in Wills Point, Texas. The Site was operated as an electroplating facility from April 1987 to March 1990. In March 1990, the Site was abandoned. The Site was investigated under the state Superfund program. The investigation indicated an area of nickel contaminated soil and detectible nickel concentrations from wipe samples collected from the slab of the on-site building. No contamination was detected in the groundwater. The contaminated soil was removed to meet residential clean-up criteria established by 30 Texas Administrative Code (TAC), Chapter 350 (Texas Risk Reduction Program, TRRP). The slab was decontaminated using the established method of pressure washing with water. The subsurface of the concrete building foundation contains nickel above the protective concentration levels required for residential property. To prevent exposure to such levels of this chemical of concern, the integrity of the concrete building foundation on the property must not be disturbed.

In accordance with Texas Health and Safety Code, §361.190 and TRRP, §350.335, no person may take any action to substantially change the manner in which this property is used without first notifying the ED of the TCEQ and receiving written approval for the change. The notice must be in writing, addressed to the ED, sent by certified mail (return receipt requested), and include a brief description of the proposed change in use. A deed notice was placed in the Van Zandt County records to provide information of this requirement.

As a result of the removal and remedial actions that have been performed at the Site, the ED has determined that the Site no longer presents an imminent and substantial endangerment to public health and safety and the environment. Therefore, no further remedial action is necessary at the Site and the Site is eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

The commission will hold a public meeting to receive comment on the proposed deletion of the Site and the determination to take no further action. This public meeting will be legislative in nature and is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on Thursday, February 20, 2003, in Council Chambers of Wills Point City Hall, 120 North 5th Street, Wills Point, Texas. After comments from the meeting are received, monitoring wells installed to investigate the groundwater will be plugged and abandoned in accordance with applicable TCEQ guidelines. The fence that was installed as part of the investigation will be left in place. The lock on the gate of the fence will be removed. Following a deletion from the Superfund registry, responsibility for maintenance of the Site reverts back to the Site owner.

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., February 20, 2003. Comments should be sent in writing to Mr. Dan Switek, Project Manager, Texas Commission on Environmental Quality, Remediation Division, MC-143, P.O. Box 13087, Austin, Texas 78711-3087, or by facsimile to (512) 239-2450. The public comment period for this action will end at the close of the public meeting on February 20, 2003.

A portion of the record for this Site, including documents pertinent to the proposed deletion of the Site, is available for review during regular business hours at the Van Zandt County Library, 317 First Monday Lane, Canton, Texas, telephone number (903) 567-4276. Copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, MC-199, Austin, Texas 78753, telephone number (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.

For further information regarding this meeting on the Site, please call Mr. Bruce McAnally, Texas Commission on Environmental Quality Community Relations, at (800) 633-9363.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 31, 2002

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