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AGENCY Texas Commission on Environmental Quality
ISSUE 05/16/2003
ACTION Miscellaneous

State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing a notice of intent to delete the Aztec Ceramics State Superfund site (the 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 ED has determined that due to the remedial actions performed, the site no longer presents such an endangerment.

The site, including all land, structures, appurtenances, and other improvements, is approximately 8.8 acres located at 4735 Emil Road, San Antonio, Bexar County, Texas. The site also included any areas where hazardous substance had come to be located as a result, either directly or indirectly, of releases of hazardous substance from the site. The TCEQ proposed the land use for the site as commercial/industrial. In accordance with 30 TAC §350.53, the current land use is determinative. The most recent use of the property is commercial/industrial. Based upon the most recent use of the site, and due to the fact that no information to the contrary was presented at the public meeting of August 1999, the ED of TCEQ selected commercial/industrial as the appropriate land use for purposes of selecting a remedial action at the site.

The site was in use from 1940 to 1988 as a ceramic tile manufacturing company. Surface impoundments were used for the management of solid wastes such as fired and unfired tile rejects as well as glaze waste. Heavy metal pigments were used as the coloring agents in the glaze mixture including lead, barium, titanium, cadmium, nickel, and chromium. The remedial investigation (RI) found that the site presented risks to on-site workers and trespassers who might come in contact with or ingest contaminated soils and wastes. The RI also found no unacceptable impacts to the underlying shallow groundwater associated with the wastes on the site. The major elements of the remedy implemented in August 2002 included: installation of an asphalt cap to prevent contact or ingestion of contaminated materials by site occupants or trespassers and to minimize infiltration through the waste which might cause adverse groundwater impacts; a fence around the site which was left in place at the conclusion of the remedial action to prevent unauthorized entry to the site by vehicles which might damage the asphalt cap; preservation of monitor wells which were installed during the RI to facilitate future groundwater monitoring; and recordation of a deed notice in the real property records of Bexar County which warns that the land use must be limited to industrial/commercial activities unless further corrective actions are undertaken to render the site suitable for other uses. Post-closure care includes annual inspections of the cap and fence. Sampling of the monitoring wells will also be done to be sure that the groundwater has not been impacted. A copy of the Operations and Maintenance Plan can be found attached to the deed notice in the real property records of Bexar County and in Central Records at TCEQ, Austin, Texas.

As a result of the 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, safety, and the environment. Therefore, the site is eligible for deletion from the state registry as provided by 30 TAC §335.344(c).

In accordance with 30 TAC §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 at 7:00 p.m., on Tuesday, June 17, 2003, in the library at Pfeiffer Elementary School, located at 4551 Dietrich, San Antonio, Texas.

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 5:00 p.m., June 17, 2003 and should be sent in writing to Mr. Alan Etheredge, project manager, TCEQ, Remediation Division, Superfund Cleanup Section, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile (512) 239-2450. The public comment period for this action will end at the close of the public meeting of June 17, 2003.

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 Carver Branch Library, 3350 Commerce, San Antonio, Texas, (210) 225-7801. 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, (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 Ms. Janie Montemayor at (800) 633-9363.

TRD-200302822

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 7, 2003



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