The JCS Company site is located north of Phalba on County Road 2415, approximately 1.5 miles west of the intersection of County Road 2403 and Texas 198. This site was an automotive battery reclamation operation. It is believed that operations began in 1970. Between 1978 and 1981, the JCS Company purchased used batteries and stored them in the battery processing building. The tops of the batteries were cut off with a saw. Anhydrous ammonia was used to wash sulfuric acid from the battery cells, creating a neutralized or basic wash that was collected in stainless steel troughs. The facility became inactive in October 1981. Between 1984 and 1987, the Texas Water Commission inspected the site, noted several violations, and filed several enforcement actions against the operators.
Superfund Actions Taken to Date
- September 25, 1990, a legal notice was published in the Texas Register (15 TexReg 5623-5624) describing the site, proposing the site to the state Superfund registry, and announcing that a public meeting to receive citizen comments would be held at the Canton City Hall Council Chambers on October 26, 1990.
- September 1, 1993, effective date of the creation of the Texas Natural Resource Conservation Commission from the joining of the Texas Water Commission and the Texas Air Control Board and a portion of the Texas Department of Health.
- October 13, 1993, TNRCC issued a work order to determine the nature and extent of contamination (remedial investigation/feasibility study).
- August 6, 1996, the final report was approved, marking completionof the remedial investigation/feasibility study phase.
- May 15, 1997, a Proposed Remedial Action Document (PRAD) summary was prepared for the JCS Company site.
- August 8, 1997, an affidavit of lien payable to the commission was filed in the Van Zandt County real property records by the TNRCC. The lien was filed pursuant to the Texas Solid Waste Disposal Act, Texas Health and Safety Code §361.194, to recover the state's remediation expenses.
- September 12, 1997, a legal notice was published in the Texas Register (22 TexReg 9348-9349) announcing a public meeting on October 30 at the Phalba Community Center to present to the community the best choice among cleanup remedies and to receive citizen comments to be considered in the final recommended remedy.
- October 30, 1997, a public meeting was held at the Phalba Community Center to present the proposed cleanup alternatives, which was on-site containment without stabilization, and to receive citizen comments to be considered in the final recommended remedy.
- June 1, 1998, TNRCC issued an administrative order, directing the potentially responsible party to perform or fund the remedial design and remedial action for the cleanup. The order set cleanup levels, selected the remedy for cleanup, and established rules, responsibilities and enforcement options for remedial design/remedial action under state Superfund process.
- June 11, 1998, effective date of a final TNRCC administrative order, setting cleanup levels, selecting the remedy for the cleanup, and establishing rules, responsibilities and enforcement options for the remedial design/remedial action under the state Superfund process. By issuing the order, the TNRCC has determined that the facility poses an imminent and substantial endangerment to public health and safety or the environment and has listed the site on the state Superfund registry.
- June 19, 1998, remedial design of the selected site remedy was completed.
- September 2, 1998, remedial action under way at the site.
- April 21, 1999, TNRCC project managers reported the remedial action was substantially complete.
- March 15, 2000, TNRCC issued a work order to repair erosion damage to the cap caused by heavy rain and runoff.
- May 5, 2000, TNRCC accepted the report that the containment cell cap repair had been completed.
- August 22, 2000, TNRCC approved the final report for the completion of the remedial action. An operation and maintenance plan was initiated to begin the groundwater monitoring and maintenance of the on-site cap.
- March 30, 2001, TNRCC approved a work order for the contractor to to perform the ongoing operation and maintenance of the cap. The cap is to be inspected every two months to ensure its integrity. The contractor will perform any needed maintenance. Routine operation and maintenance reports will be sent to TNRCC for review. Also, groundwater monitoring will be performed semiannually at the site to ensure that the natural attenuation remedy of the groundwater remains effective.
- June 12, 2001, TNRCC approved the May operation and maintenance inspection report. According to the report, the integrity of the cap and the vegetation were satisfactory. TNRCC was to continue monitoring the groundwater natural attenuation on a routine basis to ensure that the concentration of contaminants was being reduced through natural processes. The ongoing operation and maintenance consisted of semiannual groundwater monitoring and semiannual inspection of the cap.
- July 2001-August 2002, TNRCC continued operation and maintenance, which currently consists of semiannual groundwater monitoring and semiannual inspection of the cap.
- September 1, 2002, effective date of the name change from Texas Natural Resource Conservation Commission (TNRCC) to Texas Commission on Environmental Quality (TCEQ).
- September 2002-August 2003, TCEQ continued operations and maintenance.
- March 21, 2003, the first of the two groundwater monitoring and cap inspections to be performed each fiscal year was completed.
- August 4, 2003, the second groundwater monitoring for the year was completed.
- March 3, 2004, the first of the two groundwater monitoring events and containment cell cap inspections planned for the fiscal year was completed.
- August 6, 2004, the second groundwater monitoring for the year was completed.
- September 2004, TCEQ approved the operations and maintenance report for the year 2004.
- January 2005, a work order was issued for the next year of semiannual sampling and operation and maintenance inspection activities.
- February 2005, the contractor mowed the site and performed the semiannual groundwater monitoring.
- March 2005, TCEQ reviewed the groundwater monitoring sampling results but found them to be inconclusive. TCEQ will require additional analysis when the second monitoring event is performed.
- March 6, 2007, groundwater monitoring and inspection continues in accordance with the operation and maintenance (O&M) plan.
- June 2012, the TCEQ received and approved the O&M Annual report for the cap and groundwater.