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AGENCY Texas Commission on Environmental Quality
ISSUE 04/25/2003
ACTION Miscellaneous

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 Barlow's Wills Point Plating Proposed State Superfund Site (the site) from its proposed-for-listing status in the state registry, the list of state Superfund sites. The state registry lists the contaminated 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 site was originally proposed for listing in 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 approximately two acres located in an unincorporated area of Van Zandt County, Texas on the south side of U.S. Highway 80, 3.4 miles east of the intersection of U.S. Highway 80 and State Highway 64 in Wills Point, Texas. In addition, the site included areas where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site.

The site 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 detectable 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 cleanup 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 interior 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. A deed notice was placed in the Van Zandt County records to provide information of this requirement. In conjunction with the aforementioned restriction, the site is appropriate for residential use according to Protective Concentration Levels in the TRRP.

In accordance with Texas Health and Safety Code, §361.190 and 30 TAC §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.

Notice has been filed with the deed for the site in the land records of Van Zandt County that residual contamination remains on site. The contamination that exists on site is within the interior of the concrete building foundation.

Monitoring wells installed as part of the investigation have been plugged and abandoned. The fence that was installed as part of the investigation will be left in place. The lock on the gate of the fence has been removed. The responsibility for maintenance of the site reverts back to the site owner.

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 February 20, 2003, at City Hall in Wills Point, Texas. Comments which were received into the record were addressed at the public meeting by the commission. The complete public file, including a transcript of the public 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, (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Van Zandt County, Texas stating that the site has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to Mr. Bruce McAnally, Community Relations, (800) 633-9363 or (512) 239-2141.


Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 15, 2003

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