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Toups

This former wood treatment facility in Sour Lake, Hardin County is currently in the Operation and Maintenance phase of the Superfund Program.

Site Background

The Toups site (the site) is located on the west side of Texas 326, 2.1 miles north of its intersection with Texas 105, in Sour Lake. The 21.535-acre site operated simultaneously as a fence-post treating facility and a municipal waste dump from 1957 until the late 1960s, when the fence-post treating facility closed. The use as a municipal waste dump continued until 1972. The site was operated as a swine farm with approximately 400 to 1,000 swine from 1972 until 1982. At the time of the hazard ranking system, the contaminants of concern included chromium, lead, and pentachlorophenol.

Superfund Actions Taken to Date

  • March 22, 1993, the Superfund Site Discovery and Assessment Team acted to limit dangers that contaminants may have posed to public health and safety or the environment by consolidating drums into a protected area on site.
  • 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.
  • December 17, 1993, a legal notice was published in the Texas Register, describing the site and proposing the site to be listed on the state Superfund registry. A public meeting to receive citizen comments was to be held at the Sour Lake City Hall on January 25, 1994.
  • January 25, 1994, a public meeting was held at the Sour Lake City Hall to receive community comments on proposing the site for listing on the Superfund registry.
  • February 1996, a site perimeter fence was constructed to limit unauthorized access and signs were posted warning of contamination.
  • March 1, 1996, remedial investigation / feasibility study under way.
  • August 15, 1999, remedial investigation / feasibility study completed.
  • October 29, 1999, TNRCC issued a work order to begin the remedial design for the cleanup.
  • July 15, 2000, an updated community relations plan was prepared for the Toups site.
  • July 19, 2000, a legal notice was published in the Hardin County News announcing a public meeting would be held August 24, 2000, at the Sour Lake Elementary School, to present to the community the proposal (Proposed Remedial Action Document or PRAD) for excavation and off-site disposal of approximately 250 cubic yards of contaminated soils. Natural attenuation of the groundwater will be monitored semiannually for five years. The recommended remedy is the most cost-effective, reasonable and appropriate.
  • July 20, 2000, a legal notice was published in the Silsbee Bee, announcing a public meeting would be held August 24, 2000, at the Sour Lake Elementary School, to present to the community the proposal for excavation and off-site disposal of approximately 250 cubic yards of contaminated soils. Natural attenuation of the groundwater will be monitored semiannually for five years. The recommended remedy is the most cost-effective, reasonable, and appropriate.
  • July 21, 2000, a legal notice was published in the Texas Register (25 TexReg 7040-7041) announcing a public meeting would be held August 24, 2000, at the Sour Lake Elementary School, to present to the community the proposal for excavation and off-site disposal of approximately 250 cubic yards of contaminated soils. Natural attenuation of the groundwater will be monitored semiannually for five years. The recommended remedy is the most cost effective, reasonable and appropriate.
  • August 24, 2000, a public meeting was held at the Sour Lake Elementary School, to receive community comments on the proposal to excavate approximately 250 cubic yards of contaminated soils and transport the material offsite for disposal at an approved landfill.
  • February 5, 2001, the TNRCC project manager reported the remedial design was 95 percent complete.
  • March 12, 2001, 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.
  • March 22, 2001, effective date of a TNRCC administrative order for performance of the remedial design / remedial action. By issuing the order, the TNRCC determined that the facility posed an imminent and substantial endangerment to public safety or the environment, and listed the site on the state Superfund registry.
  • December 14, 2001, the remedial design was 100 percent complete.
  • April 12, 2002, TNRCC awarded the remedial action contract.
  • June 2002, TNRCC's contractor started the remedial action field work.
  • August 30, 2002, the project manager approved the final closeout report for the completion of the remedial action, which included excavation of contaminated soils to provide adequate protection for a residential future land use. A operation and maintenance plan was also initiated, which consists of semi-annual groundwater monitoring to ensure that the contaminants are attenuating in the concentration through natural processes.
  • September 1, 2002, effective date of the name change from Texas Natural Resource Conservation Commission (TNRCC) to Texas Commission on Environmental Quality (TCEQ).
  • September 1, 2002–August 31, 2003, TCEQ continued the operation and maintenance of the site, consisting of semiannual groundwater monitoring to track the natural attenuation of the groundwater contaminants.
  • April 2, 2003, an affidavit of lien payable to the commission was filed in the Hardin 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 1, 2003-August 31, 2004, semiannual groundwater monitoring continued to track natural attenuation of the groundwater contamination.
  • December 12-13, 2006, groundwater monitoring continued to track natural attenuation of the contamination.
  • June 2007, 13 drums containing soils, solids and liquid waste, were disposed of.
  • July 2007, a restrictive covenant was recorded in the real property records in Hardin County. The restrictions prohibit the use of groundwater underlying the property.
  • July 18-19, 2007, groundwater monitoring was performed.
  • August 2007, the groundwater monitoring report was submitted.
  • June 23, 2011, the TCEQ received a Site Walk Letter Report and photographs of current site conditions. After review of the report and accompanying photographs, a Site Clearing Event was proposed and is currently being reviewed for authorization to be scheduled and conducted.
  • August 15, 2011, the Quality Assurance Section of the TCEQ reviewed the draft Field Sampling Plan (FSP), and sent the FSP back to the TCEQ contractor for corrections and revisions.
  • September 13, 2011, TCEQ received Path and Well Clearing Report for review.
  • December 22, 2011, TCEQ approved of the Path and Well Clearing Report.
  • August 2012, TCEQ approved contractor to procure a Registered Land Surveyor to survey site wells and establish a permanent benchmark.
  • April 2013, the TCEQ approved the 2012 Annual Groundwater Monitoring Report.

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Site Specific Information

EPA ID : None
Location : Sour Lake, Hardin County
Site Status : Cleanup Complete O& M
Type of Facility : Wood Treatment
Category : Listed on Registry
Media Affected : Groundwater, Soil, Surface Water
Latitude : 30º10'14"N
Longitude : -94º23'57"W
Hazard Ranking Score (HRS) : 15.03
Contaminants at time of HRS : Chromium, Lead, Pentachlorophenol
TCEQ Region : Beaumont - 10
Funded by : Hazardous & Solid Waste Remediation Fee Account

Contact Information

Superfund Project Manager
Phil Winsor
512-239-1054 or 1-800-633-9363
E-mailsuperfnd@tceq.texas.gov

Superfund Community Relations Liaison
Crystal Taylor
512-239-3844 or 1-800-633-9363
E-mailsuperfnd@tceq.texas.gov

Records Repositories

Alma M. Carpenter Public Library
300 S. Ann Street
Sour Lake TX 77659
409-287-3592

TCEQ Central File Room
12100 Park 35 Circle Building E,
First Floor Room 103
Austin, TX 78753
512-239-2900
512-239-1850 (fax)
cfrreq@tceq.texas.gov