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AGENCY Texas Commission on Environmental Quality
ISSUE 07/25/2003
ACTION Miscellaneous

Notice of Public Meeting to Propose the Poly-Cycle Industries, Inc. Tecula Site for Listing on the Texas Superfund Registry and to Propose Non-Residential Land Use

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 (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 March 7, 2003 issue of the Texas Register (28 TexReg 2136).

In accordance with the Act, §361.184 (a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the facility is located. With this publication, the commission gives notice of a facility that the executive director has determined eligible for listing, and which the executive director proposes to list on the state registry. In addition, the commission gives notice in accordance with the Act, §361.1855, and proposes a land use other than residential as appropriate for the facility. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ proposes a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rule, 30 Texas Administrative Code (TAC) §350.53.

This publication 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. The notice was published on July 25, 2003, in the Jacksonville Daily Progress newspaper.

The facility proposed for listing is the Poly-Cycle Industries, Inc. site, located 1.25 miles northeast of Tecula, Cherokee County, Texas. The geographic coordinates of the site are 32 degrees 01'23" North Latitude and 95 degrees 11' 23" West Longitude. 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 commission 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 site is approximately 35 acres and is located on the southeast corner of the intersection of Farm-to-Market 2064 and County Road 4216, in Cherokee County. The Union Pacific Railroad line borders the southern boundary of the site.

Poly-Cycle operated a lead battery recycling facility. The exact date operations began is unknown, but was sometime prior to May 1982, when the Texas Department of Health conducted an inspection. Operations ended in March 1990. The facility first operated under the name Rocky Point International, then changed its name to Poly-Cycle Industries. The facility recycled lead from lead acid batteries and cases. The tops were sawed off the batteries to remove the lead plates. The sulfuric acid was drained and allowed to flow or discharge on the concrete floor of the process building to a system of three concrete settling basins. Lime was added to the basins to neutralize the acid and help separate out the lead. Plastic battery chips were skimmed off the settling basins, washed, and sold. The rubber battery chips were shredded and sold. The lead sludge was also sold.

At the Poly-Cycle Tecula facility improper waste handling and storage resulted in contamination of approximately nine acres. Sampling at the site detected lead levels in soil as high as 365,000 parts per million.

The United States Environmental Protection Agency's (EPA) contractor removed site structures and contaminated soil and sediment from on-site and off-site property from April 5, 1991 to January 2, 1992. EPA also conducted confirmation sampling and backfilled the excavated areas. Two temporary buildings were constructed on-site for the storage of 1,100 bags of contaminated waste.

A public meeting will be held Thursday, August 28, 2003, at 7:00 p.m. in the Jacksonville Public Library Auditorium, 502 South Jackson, Jacksonville, Texas. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the facility is located. 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).

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., August 28, 2003, and should be sent in writing to Mr. Alonzo Arredondo, Texas Commission on Environmental Quality, Superfund Cleanup Section, Remediation Division, MC 143, P. O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on August 28, 2003.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review during regular business hours at the Jacksonville Public Library, 502 South Jackson, Jacksonville, Texas, (903) 586-7664. Copies of the complete public record 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. 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.

Information is also available regarding the state Superfund program at www.tnrcc.state.tx.us/permitting/remed/superfund/index.html.

For further information about this site or the public meeting, please call Ms. Janie Montemayor, TCEQ Community Relations, at (800) 633-9363 or (512) 239-3844.

TRD-200304301

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: July 16, 2003



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