Wednesday, September 21, 2016

Clean Harbors Hearing set in company’s request to discharge into Dickinson bayou

Clean Harbors Hearing set in company’s request to discharge into Dickinson bayou

 

Hearing set in company’s request to discharge into bayou

 

Related Content The permit application submitted by Clean Harbors San Leon as well as the preliminary decision by the executive director of the Texas Commission on Environmental Quality and draft permit are available for viewing and copying at the Dickinson Public Library, 4411 Highway 3 in Dickinson. The TCEQ also has links to the hearing notice and other documents on its website at www.tceq.state.tx.us. Posted: Monday, September 19, 2016 1:06 pm

 

 By Allen Jones

 

An administrative law judge could decide whether a hazardous waste recycling company in San Leon will be able to dispose of treated wastewater into Dickinson Bayou, a waterway considered a health hazard because of high levels of bacteria. A contested case hearing is set for 10 a.m. Oct. 25 in the Houston field office of the State Office of Administrative Hearings, located at The Preserve at North Loop, 2020 North Loop West, Suite 111. The hearing could end a contentious battle between San Leon area residents and Clean Harbors, the company seeking permission to discharge into the bayou treated and filtered water left over from petroleum and petrochemical waste.

 

The Texas Commission on Environmental Quality, the state’s environmental regulatory agency, has given preliminary approval for Clean Harbors’ request to amend its existing permit allowing discharge of treated stormwater into the bayou. The agency’s executive director has prepared a draft permit that, if upheld in the contested case hearing, could allow the company to also discharge treated wastewater into the bayou, which feeds into Galveston Bay.

 

After an analysis of Clean Harbors’ plans, the agency’s executive director determined that the treated wastewater will have no adverse impact on the bayou’s water quality. Despite the agency’s analysis, residents and local organizations have expressed concern about the addition of potential contaminants into the bayou.

 

Dickinson Bayou has high concentrations of bacteria, including E. coli.

 

Joe Manchaca, president of the San Leon Municipal Utility District, is among those troubled with Clean Harbor’s discharge request, saying, “We are opposed to (Clean Harbor’s) application being approved because we do not feel it is necessary.”

 

Speaking on behalf of the utility district, which provides water and sewer services to the San Leon community, Manchaca has argued that Clean Harbors has a method of effluent disposal that doesn’t impact the bayou that involves trucking the waste to an incinerator the company operates in Deer Park. Manchaca believes the company’s proposed liquid-waste discharge amendment is merely a cost-savings plan.

 

Clean Harbors, a Massachusetts-based company that provides environmental, energy and industrial services throughout North America, operates the San Leon facility at 2700 Avenue S, near the intersection of 27th Street, close to Texas 146.

 

The facility transports contaminated water 28 miles to an incinerator in Deer Park. If its permit amendment is validated by the contested case hearing judge, Clean Harbors may be allowed to avoid the trip. The contaminated wastewater would be put through a multistage filtering process and released to a ditch that flows to an unnamed tidal tributary of the bayou.

 

Phillip Retallick, Clean Harbors’ senior vice president of compliance and regulatory affairs, said the treated wastewater will not impair the bayou’s existing water quality.

 

“The TCEQ has done a complete modeling analysis of our discharge into the bayou and determined that our water will have no adverse impact on water quality, aquatic life or biological condition of the bayou,” he said in a previous interview.

 

The Commission on Environmental Quality establishes surface-water quality standards, monitors and assesses waterways and does projects to protect or restore natural waterways. According to the agency’s website, high concentrations of bacteria, including E. coli, measured in Dickinson Bayou and four of its tributaries might present a health risk to people exposed to the bayou’s water. The bayou is also listed by the state as an impaired waterway due to the bacteria levels.

 

Clean Harbors San Leon’s application to amend its permit to include treated wastewater discharge has gone through public hearings, analysis by the state environmental quality agency and review by the agency’s executive director. Approval of the company’s permit amendment was halted, however, after several area residents filed for a contested case hearing, claiming the discharge could have a direct impact on their personal property.

 

The state’s environmental protection agency referred the matter to the State Office of Administrative Hearings, an independent organization within the state’s executive branch that conducts hearings and mediations.

 

The hearing will be presided by an administrative judge who is a neutral and experienced attorney, according to the SOAH. During the hearing, parties on both sides of the issue will make opening statements, present evidence, offer witness testimony, document exhibits, offer objections and give closing statements.

 

The administrative judge will consider the evidence and write a decision recommending an outcome. Unlike a criminal court standard of “beyond a reasonable doubt,” referring parties of administrative hearings must show a “preponderance of the evidence” supporting their stances to receive a favorable ruling. That means the state’s environmental protection agency will have to meet its burden of proof to prevail.

 

However, the final decision regarding Clean Harbors’ permit amendment could still be made by the state’s environmental protection agency. In some cases, the administrative judge has the authority to issue a final decision. In a majority of contested case hearings, final decisions are made by peoplen within state agencies or by the boards or commissions that referred the matters to the state office.

 

The hearing is open to the public. However, only the parties associated with the dispute will be able to provide evidence and testimony. Hearings can last anywhere from a few minutes to more than a week, depending on the subject, according to the SOAH’s website.

 


 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

 

AN INTERIM ORDER concerning the application by Clean Harbors San Leon, Inc., for a major amendment to TPDES Permit No. WQ0004086000; TCEQ Docket No. 2016-0666-IWD

 

On July 6, 2016, the Texas Commission on Environmental Quality ("Commission") considered during its open meeting the requests for a contested case hearing and the requests for reconsideration concerning the application by Clean Harbors San Leon, Inc., for a major amendment to TPDE Permit No. WQ0004086000. The requests were evaluated under the requirements in the applicable statutes and Commission rules, including 30 Texas Administrative Code ("TAC") Chapter 55. The Commission also considered the timely-filed responses to the requests filed by the Executive Director and the Office of Public Interest Counsel; the timely- filed replies filed by Joe Manchaca on behalf of San Leon Municipal Utility District, Phil Cone & Mary Ann McCracken, and Valarie Hawley; and all timely public comment.

 

After an evaluation of all relevant filings, the Commission found that MaryLou Bishop and Family and the Razz Halili Trust are affected persons as provided by applicable law. The Commission also found that Save Our Shores by Phil Cone, Kelley Dawson, Rosie Dawson, Peter S. Donzello, Emily Forswall, Valarie Hawley, Joe Manchaca, individually and on behalf of San Leon Municipal Utility District, John T. & Mary Ann McCracken, Aubrey Page, Terry S. Singeltary Sr., Fran Steele, and Barbara Thompson did not demonstrate their qualifications as affected persons as provided by applicable law and the Commission determined to deny these other timely-filed hearing requests. The Commission next determined whether the requests for hearing filed by MaryLou Bishop and Family and the Razz Halili Trust raised disputed issues of fact that were raised during the comment period which are relevant and material to its decision on the application. The Commission determined that the following issues raised by these hearing requesters are disputed facts, raised during the comment period, and are relevant and material to its decision on the application and directed that these issues be referred to the State Office of Administrative Hearings ("SOAH") for a contested case: 1) whether the proposed discharge will be protective of water quality and the uses in the receiving waters under the applicable surface water quality standards in 30 TAC Chapter 307; and 2) whether the draft permit contains conditions that adequately protect water quality in Dickinson Bayou and the requesters' health, including sensitive receptors. The Commission specified a maximum duration of the contested case hearing of six (6) months from the first day of the preliminary hearing to the date the proposal for decision is issued by SOAH. The Commission suggested a concurrent referral to the Commission's Alternative Dispute Resolution Program during the SOAH referral process. The Commission determined to deny the timely-filed requests for reconsideration.

 

NOW, THEREFORE, BE IT ORDERED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY that:

 

1. The requests for a contested case hearing filed by MaryLou Bishop and Family and the Razz Halili Trust are GRANTED;

 

2. All other timely-filed hearing requests are DENIED;

 

3. The Chief Clerk shall REFER to SOAH the following issues for a contested case hearing on the application:

 

i) Whether the proposed discharge will be protective of water quality and the uses in the receiving waters under the applicable surface water quality standards in 30 TAC Chapter 307; and

 

ii) Whether the draft permit contains conditions that adequately protect water quality in Dickinson Bayou and the requesters' health, including sensitive receptors;

 

4. The maximum duration of the hearing is SET at six (6) months from the first day of the preliminary hearing to the date the proposal for decision is issued by the SOAH;

 

5. A concurrent referral to the Commission's Alternative Dispute Resolution Program during the SOAH referral process is RECOMMENDED.

 

6. All timely-filed requests for reconsideration are DENIED.

 

7. If any provision, sentence, clause or phrase of this Order is for any reason held to be invalid, the invalidity of any portion shall not affect the validity of the remaining portions of the Order.

 

Issue date: July 13, 2016

 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

 

Bryan W. Shaw, Ph.D., P.E., Chairman

 

snip...end...TSS

 

From: Shannon Gibson

 

Sent: Wednesday, April 13, 2016 3:32 PM

 

To: flounder9@verizon.net Cc: WQAP

 

Subject: FW: CLEAN HARBORS SAN LEON TCEQ Permit No.: WQ0004086000

 

Mr. Singletary,

 

 Thank you for your comments.

 

 All questions and comments raised during the public comment period and in the below email thread were addressed in the Response To Comments (RTC), filed with the Office of the Chief Clerk on 4/1/2016. The filed RTC is attached for your convenience.

 

 After filing the RTC, there is a 30-day timeframe for members of the public to submit a contested case hearing request. All that requested a contested case hearing will be heard by the commission at a future agenda meeting.

 

 Sincerely,

 

Shannon Gibson

 

Environmental Permit Specialist

 

Industrial Wastewater Permitting - MC 148

 

Texas Commission on Environmental Quality

 

P.O. Box 13087

 

Austin, Texas 78711-3087

 

(512) 239 - 4284

 

From: Terry S. Singeltary Sr. [mailto:flounder9@verizon.net]

 

Sent: Tuesday, April 12, 2016 1:14 PM

 


 

Cc: David Galindo ; Mark Palmie ; Roger Miranda ; Rules Subject: CLEAN HARBORS SAN LEON TCEQ Permit No.: WQ0004086000

 

 CLEAN HARBORS SAN LEON TCEQ

 

 RN Number:

 

 RN100890235

 

 Permit No.: WQ0004086000

 

Greetings again TCEQ et al,

 

 I wish to appeal to you one more time, and ask for a reconsideration of this CLEAN HARBORS SAN LEON TCEQ Permit No.: WQ0004086000.

 

 FOR the following reasons, myself and others in the San Leon, Bacliff, Dickinson, we wish to ask for a ‘CONTESTED CASE HEARING’.

 

 IN the recent DECISION OF THE EXECUTIVE DIRECTOR, it was claimed that ;

 

 ‘’This facility does not have any ongoing or pending enforcement orders under the existing wastewater authorization, Permt No. WQ0004086000, issued December 19, 2013.’’

 

 HOWEVER, TCEQ fails to acknowledge that under previous owners, the violations were many, so bad apparently they had to change their name from DURATHERM TO CLEAN HARBORS.

 

 THESE risk factors and past violations are not acceptable for a company that wants to dump it’s so called treated wasted water into Dickinson bayou, and Dickinson Bay, a waterway that is is such bad shape, that the state of TEXAS warns people NOT to eat the fish or crabs from, and or let our children even swim in the water there. YET TCEQ wants to add more load factors for a complete collapse of this waterway.

 

 PLEASE SEE PREVIOUS VIOLATIONS THAT THE TCEQ SOME HOW FAILED TO MENTION TO THE PUBLIC;

 

Central Registry Query - Regulated Entity Information Regulated Entity Information RN Number: RN100890235

 

 Name: DURATHERM View Prior Names

 

 Primary Business: STORMWATER INDUSTRIAL

 

 Street Address: 2700 AVENUE S, SAN LEON TX 77539

 

 County: GALVESTON

 

 Nearest City: TEXAS CITY

 

 State: TX

 

 Near ZIP Code: 77539

 

 Physical Location:

 

 INTX OF 27TH AND AVENUE S ABOUT .75 MI OF HWY 146 IN SAN LEON 2700 AVENUE S SAN LEON KEY MAP 661Y

 

 --------------------------------------------------------------------------------

 

 Affiliated Customers – Current

 

 Your Search Returned 3 Current Affiliation Records (View Affiliation History) 1-3 of 3 Records

 

 CN Number Customer Name Customer Role Details

 

 CN600564165 DURATHERM INC OWNER OPERATOR Affiliation Info

 

 CN600564165 DURATHERM INC OWNER OPERATOR Affiliation Info

 

 CN603349820 DURATHERM ASSET ACQUISITION CORP OWNER OPERATOR Affiliation Info

 

 --------------------------------------------------------------------------------

 

 Industry Type Codes

 

 Code Classification Name

 

 562211 NAICS Hazardous Waste Treatment and Disposal

 

 1311 SIC Crude Petroleum and Natural Gas

 

 4953 SIC Refuse Systems

 

 9999 SIC Nonclassifiable Establishments

 

 --------------------------------------------------------------------------------

 

 Permits, Registrations, or Other Authorizations There are a total of 18 programs and IDs for this regulated entity. Click on a column name to change the sort order. 1-18 of 18 Records Program ID Type ID Number ID Status AIR EMISSIONS INVENTORY ACCOUNT NUMBER GB0101M ACTIVE AIR NEW SOURCE PERMITS ACCOUNT NUMBER GB0101M ACTIVE AIR NEW SOURCE PERMITS AFS NUM 4816700042 ACTIVE AIR NEW SOURCE PERMITS PERMIT 7237 CANCELLED AIR NEW SOURCE PERMITS REGISTRATION 14291 ACTIVE AIR NEW SOURCE PERMITS REGISTRATION 85676 ACTIVE AIR NEW SOURCE PERMITS REGISTRATION 87443 ACTIVE IHW CORRECTIVE ACTION SOLID WASTE REGISTRATION # (SWR) 34814 INACTIVE INDUSTRIAL AND HAZARDOUS WASTE EPA ID TXD981053770 ACTIVE INDUSTRIAL AND HAZARDOUS WASTE PERMIT 50355 ACTIVE INDUSTRIAL AND HAZARDOUS WASTE SOLID WASTE REGISTRATION # (SWR) 34814 ACTIVE POLLUTION PREVENTION PLANNING ID NUMBER P03840 ACTIVE PUBLIC WATER SYSTEM/SUPPLY REGISTRATION 0840217 ACTIVE USED OIL EPA ID TXD981053770 ACTIVE USED OIL REGISTRATION A86130 ACTIVE WASTEWATER EPA ID TX0117757 ACTIVE WASTEWATER PERMIT WQ0004086000 ACTIVE WATER LICENSING LICENSE 0840217 INACTIVE

 


 

Central Registry Detail of:Industrial and Hazardous Waste Permit 50355

 

 For: DURATHERM (RN100890235)

 

 2700 AVENUE S, SAN LEON

 

 Permit Status: ACTIVE

 

 View Earlier Holders

 

 --------------------------------------------------------------------------------

 

 Related Information: Commissioners' Actions

 

 Correspondence Tracking

 

 Effective Enforcement Orders

 

 Central Registry Detail of:Industrial and Hazardous Waste Permit 50355

 

 For: DURATHERM (RN100890235)

 

 2700 AVENUE S, SAN LEON

 

 Permit Status: ACTIVE

 

 --------------------------------------------------------------------------------

 

 Effective Enforcement Orders Current TCEQ Rules Type Effective Date Docket Number Citation/Requirement Provision Violation Allegation Classification

 

 ADMINISTRATIVE ORDER 09/29/2012 2012-0236-MLM-E 40 CFR Chapter 279, SubChapter I, PT 279, SubPT E 279.51 ; 40 CFR Chapter 279, SubChapter I, PT 279, SubPT E 279.73 ; 30 TAC Chapter 324, SubChapter A 324.12(2) (Not applicable to CH) Failed to obtain a used oil registration and EPA ID. No. prior to conducting used oil activities, in violation of 30 TEX. ADMIN. CODE § 324.12(2) and 40 CFR §§ 279.51 and 279.73, as documented during an investigation conducted on September 29, 2011. MODERATE

 

 ADMINISTRATIVE ORDER 09/29/2012 2012-0236-MLM-E 40 CFR Chapter 262, SubChapter I, PT 262, SubPT B 262.20 ; 30 TAC Chapter 335, SubChapter F 335.152(a)(4) ; PERMIT II-C-1-h (Not applicable to CH) Failed to use a new manifest for rejected wastes, in violation of 30 TEX. ADMIN. CODE § 335.152(a)(4) and 40 CFR § 262.20 and IHW Permit No. 50355, Provision No. II-C-1-h, as documented during an investigation conducted on September 29, 2011. Specifically, waste manifests 005440020 JJK, 005373755 JJK, and 006442062 JJK were received and partially rejected, then sent back to generator without a new manifest MODERATE

 

 ADMINISTRATIVE ORDER 09/29/2012 2012-0236-MLM-E 40 CFR Chapter 264, SubChapter I, PT 264, SubPT CC 264.1089(b) ; 40 CFR Chapter 265, SubChapter I, PT 265, SubPT CC 265.1090(b) ; 30 TAC Chapter 335, SubChapter E 335.112(a)(21) ; 30 TAC Chapter 335, SubChapter F 335.152(a)(19) (Not applicable to CH) Failed to record inspections of the air emission control equipment, in violation of 30 TEX. ADMIN. CODE §§ 335.112(a)(21) and 335.152(a)(19) and 40 CFR §§ 264.1089(b) and 265.1090(b), as documented during an investigation conducted on September 29, 2011. Specifically, the Respondent did not maintain a record of the Subpart CC tank inspections for olfactory odors and visual observations. MODERATE

 

 ADMINISTRATIVE ORDER 09/29/2012 2012-0236-MLM-E 40 CFR Chapter 264, SubChapter I, PT 264, SubPT J 264.193(e)(1)(iii) ; 30 TAC Chapter 305, SubChapter F 305.125 ; 30 TAC Chapter 335, SubChapter F 335.152(a)(8) ; PERMIT II-C-2-h ; PERMIT V-B-3 (Not applicable to CH) Failed to maintain secondary containment free of gaps and cracks,Specifically, secondary containment A for tanks PV-18 through PV-21 had a concrete coating crack about four feet long near PV-20. Secondary containment A-1 for tanks FPV-31, the containment wall indicated some erosion and the wall edge joining the concrete base had a gap of approximately two inches. Also, the secondary containment for container storage area ("CSA")-2 Roll-off area, NOR Unit 044, Permitted unit 01, MODERATE

 

 ADMINISTRATIVE ORDER 09/29/2012 2012-0236-MLM-E 30 TAC Chapter 335, SubChapter A 335.2(b) ; PERMIT IV-A and IV-B (Not applicable to CH) Failed to prevent the acceptance of a shipment of unauthorized hazardous waste at the Facility, in violation of 30 TEX. ADMIN. CODE § 335.2(b) and IHW Permit No. 50355, Provision Nos. IV-A and IV-B, as documented during an investigation conducted on September 29, 2011. Specifically, the Respondent accepted and processed a shipment of corrosive hazardous waste (hazardous waste code D002) that the Facility was not authorized to accept and process. MODERATE

 


 

 Complaints

 

 Complaint Tracking #: Glossary of Terms 158471

 

 Complaint Received Date: 08/25/2011

 

 Number Complaining: 1 Status: Glossary of Terms CLOSED Status Date: Glossary of Terms 11/08/2011 Nature: Glossary of Terms INDUSTRIAL Frequency: Glossary of Terms CURRENT Duration: Glossary of Terms ACTUAL Media: Glossary of Terms WASTE Program: Glossary of Terms INDUSTRIAL AND HAZARDOUS WASTE Priority: Glossary of Terms Within 30 Calendar Days Effect: Glossary of Terms ENVIRONMENTAL Receiving Water Body: Glossary of Terms Regulated Entity: Glossary of Terms DURATHERM County: Glossary of Terms GALVESTON

 

 Description: The complainant alleged that Waste (oils, metals, etc...) are poured all over the ground causing contamination. Consequently, storm water outfalls have to be contaminated. The place is a waste disposal nightmare.

 

 Comment: On September 20 and 27, 2011, Mr. Aron Athavaley of the Texas Commission on Environmental Quality (TCEQ) Region 12-Houston Office evaluated the complaint's allegations by conducting record review and the site investigation. The complaint's allegations regarding "oil being poured on the ground" were not confirmed during this site investigation. The details of the site evaluation and regulatory issues are addressed in a separate compliance evaluation investigation (CEI) report.

 

 Action Taken: This incident was received by the TCEQ Houston Office and was assigned to the TCEQ Environmental Investigator, Aron Athavaley, for investigating the allegations and compliance status of the entity.

 


 

 Complaint Tracking #: Glossary of Terms 91331 Complaint Received Date: 05/11/2007 Number Complaining: 1 Status: Glossary of Terms CLOSED Status Date: Glossary of Terms 06/18/2007 Nature: Glossary of Terms INDUSTRIAL Frequency: Glossary of Terms CURRENT Duration: Glossary of Terms ESTIMATED Media: Glossary of Terms WASTE Program: Glossary of Terms INDUSTRIAL AND HAZARDOUS WASTE Priority: Glossary of Terms Within 30 Calendar Days Effect: Glossary of Terms ENVIRONMENTAL Receiving Water Body: Glossary of Terms Regulated Entity: Glossary of Terms DURATHERM County: Glossary of Terms GALVESTON

 

 Description: MIS-MANAGEMENT OF OILS IN SEVERAL WASTE MANAGEMENT UNITS AND UNAUTHORIZED DISCHARGES FROM THE CONTAINMENT AND INTO THE SITE'S DRAINAGE SYSTEM.

 

 Comment: INCIDENT LOCATION IS FACILITY'S DRAINAGE DITCH AT THE NORTHWESTERN SIDE OF THE PLANT AND WASTE MANAGEMENT UNITS.

 

 Action Taken: The complaint was investigated on June 4, 2007. Please see the investigation number 563131 for details.

 


 

Emergency Response Events

 

 Investigations

 

 Notice of Violations

 

 Central Registry Detail of:Industrial and Hazardous Waste Permit 50355

 

 For: DURATHERM (RN100890235)

 

 2700 AVENUE S, SAN LEON

 

 Permit Status: ACTIVE

 

 --------------------------------------------------------------------------------

 

 Notice of Violations Current TCEQ Rules

 

 NOV Date Status Citation/Requirement Provision Allegation Classification Self Reporting Indicator

 

 02/23/2010 RESOLVED 30 TAC Chapter 335, SubChapter A 335.9(a)(1)(G) Failed to have a description of the SAAs within the facility or during the review of the exit interview form. MODERATE NO

 

 02/23/2010 RESOLVED 40 CFR Chapter 264, SubChapter I, PT 264, SubPT C 264.15(d) ; 30 TAC Chapter 335, SubChapter F 335.152(a)(1) ; PERMIT Permit Provision III.D. Failed to adequately complete daily inspection logs on tanks, loading and unloading areas, and container storage areas. MODERATE NO

 

 02/23/2010 RESOLVED 40 CFR Chapter 262, SubChapter I, PT 262, SubPT C 262.34(a)(3) ; 30 TAC Chapter 335, SubChapter C 335.69(a)(3) Failed to properly label a three cubic yard container with the words "Hazardous Waste." MODERATE NO

 


 

Permit Information

 


 

 DURATHERM (RN100890235) CLEAN HARBORS PART 2 Central Registry Detail of:Industrial and Hazardous Waste Permit 50355

 

 For: DURATHERM (RN100890235)

 

 2700 AVENUE S, SAN LEON

 

 Permit Status: ACTIVE

 

 --------------------------------------------------------------------------------

 

 Correspondence Tracking - Detail Tracking No. Received/Sent Direction Type Subject Due Date End Date Document Date Method 16846727 02/05/2013 INCOMING CLASS 3 MODIFICATION ADD 4 CSA OUTSIDE OF CONTAINMENT SYSTEM 02/04/2013 OVERNIGHT

 

 Correspondence Actions Action Tracking No. Action Start Date End Date 16855487 2J NORI PUBLISHED 02/02/2013 16846729 1 APPLICATION RECEIVED 02/05/2013 16846728 2 ADMINISTRATIVE REVIEW 02/05/2013 16848694 4F REVISIONS TO APPLICATION 02/07/2013 16855488 6J PUBLIC NOTICE 02/07/2013 16873618 2A ADMIN NOD ISSUED 02/15/2013 16977470 2B ADMIN NOD RESPONSE 03/14/2013

 


 

*** FOR THESE REASONS, MYSELF AND OTHERS HERE ASK FOR A ‘CONTESTED CASE HEARING’.

 

*** FOR THESE REASONS, MYSELF AND OTHERS HERE ASK THAT THIS PERMIT BE DENIED.

 

 Thank You,

 

kind regards,

 

 Terry S. Singeltary Sr.

 

P.O. Box 42

 

Bacliff, Texas USA 77518

 

flounder9@verizon.net

 

CLEAN HARBORS SAN LEON TCEQ

 

 RN Number:

 

 RN100890235

 

 Permit No.: WQ0004086000

 


 

 Singeltary Submission;

 

 Greetings TCEQ et al,

 

 I kindly wish to submit my strong opposition for any permit for CLEAN HARBORS SAN LEON TCEQ Permit No.: WQ0004086000, to allow any treated or non-treated waste water, or anything else, to be allowed to be discharged into the Dickinson Bayou watershed or nearby locations adjacent to Dickinson Bay, inside of Galveston bay. The Public needs to be able to comment on this, and should. The Dickinson Bayou watershed has been so strained environmentally due to many reasons over the past decades, some reasons include Livestock, Pets, faulty septic systems, agricultural activities, urban run-off and what all that contains, pesticide runoff, waste water treatment plants, just to name a few, but now we have an industrial complex that wants to grow at the mouth of Dickinson Bayou, a Bayou that already has studies that show it’s very sluggish in terms of tidal movement, and a Bayou that has consistently been in trouble, year after year after decade. In my opinion, I believe one of the main reasons that causes this, besides all the pollution, is the fact Dickinson Bayou needs to, should have been dredged, with a continuous dredge maintained from inside the mouth, and past the old grave yard, across those flats, on up until Dickinson Bayou gets deep, all the way to the ship channel. The water quality in Dickinson Bayou, has been bad for some time due to little tidal movement. Just very recently, the Houston Chronicle ran an article on a workshop (see below in reference materials) on how to improve Dickinson Bayou due to unacceptably high levels of bacteria, posing possible health and environmental risks. so why would TCEQ or anyone allow such a permit to throw more fuel to the fire? the old spillway inlet at the mouth of Dickinson Bayou, and outlet over on the Bacliff Side, is and has been dead in the water years and years, with no movement through there to help oxygenate the water, we have had numerous fish kills, with one massive flounder kill. why can the ship channel have a continuous life time dredge for the tanker traffic, but yet never dredge Dickinson Bayou, when the Army Corp of Eng said long ago that this needed to be done to maintain a healthy Bayou? what are we waiting on? Via the FOIA, I received the HL&P construction permits back in the 60’s, and the dredging that the Army Corp of engineers said would come and be maintained constantly. That never happened. This constant maintaining of a dredge was to be done all the way to the ship channel, to prevent just what has happened, and it says so in the permit. see permit PDF in my reference materials below. Until Dickinson Bayou is dredged out and all the way to the ship channel so Dickinson Bayou can breath again, anything else in my opinion will be futile. with no changes to the plan to address the issue of dredging Dickinson Bayou to address the tidal flow issues, and proper flushing of Dickinson Bayou, all your going to have is a toilet that does not flush properly, that our children have been playing and swimming in, and consuming the seafood there from. some kind of tourist attraction, welcome to the Toilet Bowl.

 

 I strongly protest, and strongly object, in totality, to Permit No.: WQ0004086000 for CLEAN HARBORS SAN LEON TCEQ RN Number: RN100890235, please deny this permit. ...

 

 Terry S. Singeltary Sr. Bacliff, Texas 77518

 

 REFERENCE

 

 ENFORCEMENT FOR CLEAN HARBORS

 

 Item 35

 

 Docket No. 2014-1366-PWS-E.

 

 Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clean Harbors San Leon, Inc. in Galveston County; RN100890235; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality.

 


 


 


 


 

 Item 35 Docket No. 2014-1366-PWS-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Clean Harbors San Leon, Inc. in Galveston County; RN100890235; for public drinking water violations pursuant to Tex. Health & Safety Code ch. 341 and the rules of the Texas Commission on Environmental Quality. (Jessica Schildwachter, Candy Garrett) Approve the Agreed Order. ZC/TB; all agree.

 


 


 

 An agreed order was entered regarding Clean Harbors San Leon, Inc., Docket No. 2014-1366-PWS-E on April 1, 2015, assessing $234 in administrative penalties with $234 deferred.

 


 

 Terry S. Singeltary Sr. previous comment

 

 Response to Public Comments Eight TMDLs for Indicator Bacteria in Dickinson Bayou and Three Tidal Tributaries (Segments 1103 and 1104)

 

 November 12, 2013

 

 Tracking Number

 

 Date Received

 

 Affiliation of Commenter

 

 Request or Comment

 

 Summary of TCEQ Action or Explanation

 

 001_01

 

 004_04

 

 08/30/2013

 

 09/12/2013

 

 Terry Singeltary (written)

 

 Arlette Baudat

 

 (oral)

 

 The TCEQ efforts to bring back quality water, instead of polluted water to the Dickinson Bayou and its Tributaries, are greatly appreciated. However, I think it all will be futile, if Dickinson Bayou is not dredged out to where the water can flow freely with the tidal movements. I believe that due to Dickinson Bayou not being dredged and maintained properly, to allow for a maximum flow, by Houston Lighting and Power Co. (HL&P) is/was a cause to a great many of our problems in Dickinson Bayou, and surrounding waters. I also believe that HL&P, the Army, or the Army Corp of Engineers should foot the total bill for the dredging.

 

 What was not addressed in the I-Plan was dredging up the bayou. I believe the Corp of Engineers has approved dredging of the bayou and with more flow of bayou you would have more dilution with the tide coming in and out and that it would help to achieve the goal.

 

 The TCEQ and local stakeholders in the Dickinson Bayou watershed have agreed to work together to reduce bacteria pollution in Dickinson Bayou and its tributaries, as described in the I-Plan document. At the same time, stakeholders in the watershed are continuing to explore ways to decrease the effects of pollution on Dickinson Bayou. The TCEQ does not have regulatory authority to compel private or public entities to dredge Texas waterways to improve flow. No changes were made to the I-Plan based on this comment.

 


 

 AS I SAID before, and I will keep saying ;

 

 *** Until Dickinson Bayou is dredged out and all the way to the ship channel so Dickinson Bayou can breath again, anything else in my opinion will be futile, until the Bayou can flush itself properly. ...

 

 Workshop to look at efforts to protect, improve Dickinson Bayou

 

 By Annette Baird

 

 Updated 1:10 pm, Tuesday, July 14, 2015

 

 The almost 23-mile-long Dickinson Bayou with its numerous tributaries, including Gum Bayou, Cedar Creek and associated wetlands play a vital role in the area's ecosystem as well as providing recreational activities such as fishing, canoeing and swimming.

 

 *** But the 100-square-mile watershed, from which water flows into Dickinson and Galveston bays, has been tested with unacceptably high levels of bacteria, posing possible health and environmental risks. ***

 

 Livestock, faulty septic systems, agricultural activities, urban run-off and waste from pets and wildlife such as feral hogs have pushed bacteria levels upward, according to the Texas Commission on Environmental Quality.

 

 Water-quality experts hope to increase awareness of the pollution and how to reduce it through an upcoming workshop to educate residents, educators and professionals such as geoscientists about what they can do to protect, preserve and restore water quality in the watershed and bayou.

 

 Texas A&M AgriLife Extension Service in cooperation with Clear Creek Independent School District will host the Texas Watershed Steward workshop from 8 a.m. to noon July 21 at Clear Falls High School, 4380 Village Way, in League City.

 

 The workshop will include an overview of water quality and watershed management in Texas but will primarily focus on area water quality issues, including current efforts to improve and protect Dickinson Bayou. There will be a discussion of watershed systems, types and sources of water pollution and ways to improve water quality, as well as a group discussion on community-driven watershed protection and management.

 

 "We want to educate people about the best management practices," said Michael Kuitu, AgriLife Extension program specialist and coordinator for the TWS program, which is funded through a Clean Water Act grant from the Texas State Soil and Conservation Board and the Environmental Protection Agency.

 

 Kuitu said pollution from industrial facilities is easier to identify and monitor, whereas pollution from other sources is much more difficult to address.

 

 He said the amount of bacteria varies depending on numerous factors such as rainfall levels.

 

 "We look at measurements to see how they trend over time," Kuitu said.

 

 The workshop is part of a four-day summer training program about awareness of watersheds and wetlands for educators in Clear Creek ISD.

 

 Terri Berry, the district's secondary science coordinator, said the workshop aligns with the district's science curriculum and supports what teachers are doing at the district's retention pond and wetlands site, created a few years ago behind Education Village on Village Way.

 

 Berry said the training program as a whole will give teachers a deeper understanding of water stewardship so that they can help their students make the most of work with the retention facility and help instill a desire to improve and preserve wetlands areas where they live.

 

 "We are trying to create awareness of the watershed and how what you do in your yard and at your house can influence a huge area," Berry said.

 

 The free workshop provides an opportunity to earn continuing education credits for professionals, including engineers, certified crop advisers, certified planners, landscape architects, professional geoscientists, Texas Department of Agriculture pesticide license holders, certified teachers, certified floodplain managers and some TCEQ occupational license holders.

 

 To register for the workshop, visit tws.tamu.edu/workshops/registration.

 


 

 Tuesday, January 8, 2013

 

 Dickinson Bayou: A TMDL Project and Use Assessment for Bacteria Troubled Waters

 

 Dickinson Bayou: A TMDL Project and Use Assessment for Bacteria

 

 A current project to survey recreational uses and develop and implement a TMDL to reduce bacteria. The TMDL is completed; the I-Plan is in development.

 

 Background and Goals

 

 High concentrations of bacteria measured in Dickinson Bayou Tidal, Segment 1103, and four of its tributaries might pose a health risk for people who swim or wade in the bayou. Bacteria from human and animal waste may indicate the presence of disease-causing microorganisms that may cause illness. Swimming and other forms of recreation in which people come into direct contact with the water are referred to as contact recreation in the state's standards for the quality of streams, lakes, and bays.

 

 The TMDL project will characterize the sources of bacteria in the watershed of the bayou and develop a plan to improve water quality. The goal of the TMDL is to reduce bacteria concentrations to within acceptable risk levels for contact recreation.

 

 The TCEQ will also conduct a recreational use survey and attainability analysis for part of the bayou. Recreational use-attainability analyses (RUAAs) are conducted to determine which of the four recreational use categories is appropriate for a particular water body. During an RUAA project, staff usually collect:

 

 Information on a water body, such as the presence or absence of water recreation activities, stream flow type, stream depth Information about the frequency and types of recreation for which the water body is currently used Data on physical conditions in a water body

 

 Adopted Total Maximum Daily Loads

 

 On February 8, 2012, the commission adopted:

 

 Eight Total Maximum Daily Loads for Indicator Bacteria in Dickinson Bayou and Three Tidal Tributaries (PDF) On June 6, 2012, the EPA approved the TMDLs, at which time they became part of the state’s Water Quality Management Plan. Learn more about the Water Quality Management Plan.

 

 Reports

 

 Final Technical Support Document

 

 Public Participation

 

 Stakeholders in the watershed have formed the Dickinson Bayou Watershed Partnership to implement activities that improve water quality in Dickinson Bayou. Information about the Partnership’s meetings is available on their Web site. The TCEQ is working with this existing forum to participate with the public in developing and implementing the TMDL project. Other partners include the Houston-Galveston Area Council, the Galveston Bay Estuary Program, and the Texas Cooperative Extension.

 

 Meeting Records, TCEQ-Led Meetings

 


 

 Dickinson Bayou Watershed Partnership Meeting Notes 8/24/2011 • Attendees were welcomed and the meeting was brought to order by Charriss York, Texas Coastal Watershed Program (TCWP). • Following introductions of TCWP and Texas Commission on Environmental Quality (TCEQ) staff, a brief background of the Dickinson Bayou Watershed Partnership was given • Charriss York gave a presentation including an update on the Dickinson Bayou Bacteria Total Maximum Daily Load (TMDL) progress including an overview of the process for the upcoming public comment period • Ms. York also gave an update to the Bacteria TMDL implementation plan that workgroups have been working on since Febryary. Management measures determine by each of the three work groups (On‐site Sewage Facilities, Wastewater Treatment Facilities, and Animal Sources) and their associated load reductions were discussed.

 

 • A copy of Ms. York’s presentation can be found at:

 


 

 • Questions/comments were taken throughout the presentation these include: o Partnership members asked that in the future bacteria load reductions be presented in a more meaningful and easy to understand fashion such as representing the bayou as a 55 gallon barrel and pollution loads a portion of that barrel o Questions about septic systems and who is responsible for permitting them in the watershed o Questions about the chemicals used in wastewater treatment facilities and how they impact the bayou o Recommendation to include information about other types of pollution such as pharmaceuticals

 


 

 SFR-066/11 January 2012 Managing Nonpoint Source Pollution in Texas: 2011 Annual Report by the Texas Commission on Environmental Quality and the Texas State Soil & Water Conservation Board

 

 Dickinson Bayou Watershed Protection Plan Implementation Project

 

 Dickinson Bayou does not meet water quality standards for DO or pathogen indicator bacteria. The Dickinson Bayou Watershed Protection Plan (WPP) outlines a series of actions for improving the overall health of the watershed and reducing the amount of pollutants entering the Bayou. These actions are based on the vision and goals proposed for the watershed by a broad group of stakeholders representing individual citizens, non-profit and commercial interests, and local, state, and federal governmental entities.

 

 For the initial implementation phase of the Dickinson Bayou WPP, the Texas AgriLife Extension Service (AgriLife Extension) proposed short-term implementation measures through a CWA Section 319 grant with the TCEQ. Several on-the-ground demonstrations of site specific BMPs were funded through this grant. This funding helped develop educational workshops for many different groups, NPS-related fact sheets, a pet waste education campaign, lesson plans for teachers, and also provided youth education using watershed models.

 

 For on-the-ground implementation, AgriLife Extension worked with Clear Creek School District and City of League City officials on a storm water wetland (four acres) project at the Education Village on FM 96 in the northeast portion of the Dickinson Bayou watershed. AgriLife Extension staff also worked with the City of Dickinson and Keep Dickinson Beautiful to install a rain garden (0.02 acres) and a roof rain catchment cistern (0.03 acres) at the Dickinson Public Library. In addition, AgriLife Extension staff collaborated with representatives from the City of Dickinson to install a new watersmart landscape (0.23 acres) consisting of native trees and shrubs around the new city hall complex. AgriLife Extension staff also partnered with the Texas Parks and Wildlife Department (TPWD) Dickinson Marine Laboratory to design and install their new watersmart landscape (0.012 acres).

 

 The Simple Method for calculating urban storm water loads from the Center for Watershed Protection was used to determine load reduction from these on-the-ground BMPs. Estimated reductions are:

 

 Phosphorus 356 lbs

 

 Nitrogen 770 lbs

 

 SNIP...

 


 


 

 see massive flounder kill right off Bacliff shoreline north and south of the old Spillway outlet ;

 


 

 doi:10.1016/j.marpolbul.2009.01.012

 

 Copyright © 2009 Published by Elsevier Ltd.

 

 Water quality in the Dickinson Bayou watershed (Texas, Gulf of Mexico) and health issues

 

 References and further reading may be available for this article. To view references and further reading you must purchase this article.

 

 Antonietta Quigga, b, , , Linda Broachc, 1, , Winston Dentond, 2, and Roger Mirandae, 3,

 

 aDepartment of Marine Biology, Texas A&M University at Galveston, 5007 Avenue U, Galveston, TX 77551, United States

 

 bDepartment of Oceanography, Texas A&M University, 3146 TAMU, College Station, TX 77843, United States

 

 cTexas Commission on Environmental Quality, 5425 Polk Avenue, Suite H, Houston, TX 77023, United States

 

 dCoastal Fisheries Division, Texas Parks and Wildlife Dickinson Department, 1502 FM 517 East, Dickinson, TX 77539, United States

 

 eTexas Commission on Environmental Quality, 1200 Park 35 Circle, Austin, TX 78711, United States

 

 Available online 24 February 2009.

 

 Abstract

 

 The Dickinson Bayou watershed (near Houston, Texas, Gulf of Mexico) provides habitat for numerous coastally influenced communities of wildlife, including scores of birds and fish. Encroaching development and impervious surfaces are altering the habitat and degrading water quality. Herein we have defined the current health of the bayou using water quality data collected between 2000 and 2006. Elevated bacteria (fecal coliform, Escherichia coli and Enterococcus) and depressed dissolved oxygen concentrations (often <3 100="" a="" algal="" are="" assist="" bayou="" be="" because="" blooms="" ca.="" chl="" concerns="" consistent="" development="" div="" ecosystem.="" eutrophication="" findings="" flushing="" g="" has="" impairments="" in="" indicate="" influence="" intrinsic="" is="" l-1="" limited="" low="" magnitude="" major="" may="" mg="" nitrogen="" nutrient="" occur="" of="" often="" on="" persist="" primary="" productivity="" rate.="" ratios="" small="" spring="" study="" summer.="" the="" this="" to="" two="" understanding="" urban="" watersheds.="" which="" while="" will="" with="">
 

 Keywords: Bacteria; Ecosystem management; Environmental monitoring; Eutrophication; Low dissolved oxygen; Nitrogen; Nutrients Article Outline 1. Introduction 1.1. Study area 2. Methods 3. Results 3.1. Air temperature and rainfall 3.2. Salinity and dissolved oxygen concentrations 3.3. Chlorophyll and nutrients 3.4. Bacteria 4. Discussion Acknowledgements References Fig. 1. The Dickinson Bayou watershed is located within the San Jacinto–Brazos Coastal Basin at 29°29' N, 95°14' W, 45 km southeast of Houston, Texas.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Fig. 2. Average monthly (A) air temperature (°C) and (B) rainfall (cm) in the DBW between 2000 and 2006. Error bars represent standard deviations. (C) Annual rainfall (cm) is subject to cyclic patterns and perturbations due to tropical storms.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Fig. 3. Average water column salinities (‰) measured between 2000 and 2006 from Dickinson Bay (0 km; SH I46) to the upper reach of the tidal portion of Dickinson Bayou. The averages are presented with minimums (lower bars) and maximums (higher bars). A log scale was used to show the range across the bayou.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Fig. 4. Average (24 h) DO concentrations (mg l-1) measured between 2000 and 2006 from Dickinson Bay (0 km; SH I46) to the upper reach of the tidal portion of Dickinson Bayou. (A) Surface DO was typically 6.1 mg l-1 along the length of the bayou with minimum DO’s (bottom bar) ranging from 0.6-2.8 mg l-1 and maximums (top bar) from 7.9–19 mg l-1. (B) DO at >1 m depth was typically 3.5 mg l-1 in the bayou with minimums (bottom bar) ranging from 0.1–1.0 mg l-1 and maximums (top bar) from 8.2–9.8 mg l-1. (C) Exceedances refer to the measurement of instantaneous DO concentrations of 3 mg l-1. The fraction of exceedances in surface (1 m) waters (white bars) was less than those in deep (>1 m) waters (black bars). The greatest fraction of exceedances occurred in the tidal segment of the bayou between Gum Bayou (6.4 km) and Cemetery Road (19.7 km).

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Fig. 5. Seasonal patterns in DO concentrations varied as a function of water depth. Surface waters were those at 1 m (A) while deep waters were those at >1 m (B). October to April represent the cool months (white bars) while May to September are the warm months (black bars), respectively.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Fig. 6. Percentage exceedances of fecal coliform measured between 2000 and 2006 from Dickinson Bay (0 km; SH I46) to the above tidal portion of Dickinson Bayou. The main stem of the bayou (white bars) in general, had fewer exceedances than the tributaries (black bars).

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Table 1. Summary of sampling sites visited on a regular basis between 2000 and 2006. The distances inland were calculated relative to Dickinson Bay at SHI46 (see Fig. 1). Segment, latitude, longitude, and a brief description are included for reference. Tributaries are in italics.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Table 2. Average chlorophyll concentrations (µg l-1) measured between 2000 and 2006 from Dickinson Bay to the upper reach of the tidal region. No data is available for above the tidal reach. Values presented here are the median chlorophyll concentrations (i.e., chl a plus phaeophytin). The range and number of samples (N) examined is also included. Tributaries are in italics.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Table 3. Total nutrient concentrations (mg l-1) in the water column of Dickinson Bayou, based on a sample size (N), collected between 2000 and 2006. The range (min–max) was included to show the variability. Tributaries are in italics.

 

 View Within Article

 

 --------------------------------------------------------------------------------

 

 Table 4. Bacterial counts in the surface waters of Dickinson Bayou. Minimum and maximum values generally (but not always) reflect the lower and upper detection limits for these tests and so were not included. Rather the % of samples that exceeded the criteria (%E) were included as well as the number of samples (N) measured. Fecal coliform was measured at all stations while Enterococcus was only measured in the tidal segment and E. coli only in the above tidal segment. Tributaries are in italics.

 

 Corresponding author. Tel.: +1 409 740 4990; fax: +1 409 740 5001. 1 Tel.: +1 713 767 3579. 2 Tel.: +1 281 534 0138. 3 Tel.: +1 512 239 6278. Sponsored Links 24-7 Emergency On Call Water Damage Restoration - Direct Insurance Bill. Call 281-537-8379 AroundDClockRestorationHouston.com

 

 www.houstonmosquitosystems.com

 


 

 Dickinson Bayou currently does not meet state requirements for aquatic life or contact recreation

 

 MAJOR FINDINGS of the study confirmed that salinity, ambient temperature, and rainfall runoff, as well as algal blooms and organic loading influence Dickinson Bayou’s low DO levels.

 

 A saltwater wedge (“halocline”) was found extending from Dickinson bay upstream to Cemetery Road.

 

 Saltwater tends to encroach more during warmer, drier summer months. Little or no encroachment occurs during the rainy, cooler, winter months. This halocline creates a horizontal barrier between fresh and saltwater layers, preventing movement of DO between the two. Zero DO was frequently measured in the saltwater wedge, while higher DO levels were generally found above that wedge, in the fresher water. The halocline disappeared only during high flow periods following significant rainfall events.

 

 Runoff from significant rainfall events contributes to the high bacteria concentrations. Also, higher bacteria levels were found at sampling sites in more rural settings, probably due to greater use of septic systems and rangeland runoff.

 

 The Dickinson Bayou watershed is experiencing land use changes as a result of urban, commercial, and rural development. These changes will continue to cause biological, chemical, and physical pressures on the bayou and its ability to absorb and process the increased loading from point and nonpoint source pollution.

 

 The TCEQ will use the gathered data and analysis to conduct modeling on the bayou to determine how to proceed with completing a watershed action plan for addressing the low DO occurrence and reducing the bacterial contamination.

 

 PROJECT LOCATION

 

 Dickinson Bayou is located in southeast Texas in the San Jacinto-Brazos Coastal Basin. The bayou originates north of the City of Alvin in Brazoria County and flows east approximately 24 miles through Galveston County where is drains to Dickinson Bay, a secondary bay of Galveston Bay. Major named tributaries that flow to Dickinson Bayou include Gum Bayou, Benson Bayou, Magnolia (Geisler) Bayou, Bordens Gully, Cedar Creek, and LaFlore’s Bayou.

 

 PROJECT DESCRIPTION

 

 The study was designed to evaluate water quality over a period of time at several locations along Dickinson Bayou. The project focused on the tidal portion of the bayou, a very sluggish water body dominated by a deep, v-shaped channel with an average depth of 10-15 feet.

 

 Data collection devices were deployed at each of nine sites for five consecutive days each month from July 2000 to August of 2001. In addition, water quality samples were taken for laboratory analysis. The U.S. Geological Survey collected supplemental biological data. Data analysis was performed on the resulting data values to form generalized conclusions about the bayou.

 

 BACKGROUND

 

 Dickinson Bayou is on the state’s list of water bodies not meeting water quality standards for dissolved oxygen (DO) and bacteria levels. As a result, the bayou does not meet its aquatic life use nor its contact recreation use, creating a possible environmental and/ or public health concern. To address these problems, a partnership was formed between the Galveston County Health District (GCHD), the Houston-Galveston Area Council (H-GAC), the U.S. Geological Survey (USGS), and the Texas Commission on Environmental Quality (TCEQ) to conduct a special study.

 

 Dickinson Bayou Special Study

 

 Dickinson Bayou currently does not meet state requirements for aquatic life or contact recreation Contact Info: Jean Wright, Special Projects Coordinator Galveston County Health District Pollution Control Division

 

 1205 Oak Street P.O. Box 939 La Marque, TX 77568 (409) 938-2301 (phone) (409) 938-2271 (fax) Todd Running, Clean Rivers Program Manager Houston-Galveston Area Council 3555 Timmons Lane, Suite 120 Houston, TX 77027-6478 (713) 993-4549 (phone) (713) 993-4503 (fax)

 


 

 According to the 2005 Galveston Bay Indicators Project, the areas of Galveston Bay with the greatest number of TCEQ criteria-level exceedences for fecal coliform bacteria are Buffalo Bayou, the Houston Ship Channel, Clear Creek, and Dickinson Bayou (Figure 5-60).

 


 

 Briefing Paper on Lower Galveston Bay and Bayou Watersheds Lower Bay I: Armand Bayou to Moses Lake and Adjacent Bay Waters Jim Lester, PhD. and Lisa Gonzalez Houston Advanced Research Center Galveston Bay Status and Trends Project Funded by the TCEQ, Galveston Bay Estuary Program

 

 July 2005

 

 Public Health Issues

 

 Clear Creek and Dickinson Bayou have levels of fecal coliform bacteria that exceed the screening levels used by TCEQ to determine which water bodies need to be listed as impaired for historical use. Both water bodies would be considered a health risk for contact recreation. The annual average concentrations of fecal coliforms in water samples from both water bodies are shown for 20 years from 1983 to 2002 in the figure below. The level of pollution clearly varies considerably over time. Swimming and other forms of contact recreation should be avoided when the bacterial concentrations in Dickinson Bayou or Clear Creek exceed 400 colony forming units per 100 ml of water.

 

 Other locations for contact recreation, such as the Texas City Dike, have no known pollution that would justify avoidance for public health reasons.

 


 

Saturday, July 18, 2015 DICKINSON BAYOU NEEDS TO BE SAVED, NO MORE TREATED OR NON TREATED WATER DISCHARGE PERMITS

 


 


 

Terry S. Singeltary Sr. Bacliff, Texas USA 77518 flounder9@verizon.net>

Saturday, September 17, 2016

Toxic waste must be removed from San Jacinto River Waste Pits

Stokes and Byers:

 

Toxic waste must be removed from San Jac river

 

By Bob Stokes and Robby Byers | September 16, 2016

 

A sign warns fisherman and visitors not to eat contaminated seafood caught from the water along Interstate 10 near the San Jacinto River east of Houston in Channelview. (Chronicle file photo) Photo:

 

Michael Paulsen, Staff / © 2013 Houston Chronicle Photo: Michael Paulsen, Staff

 

A sign warns fisherman and visitors not to eat contaminated seafood caught from the water along Interstate 10 near the San Jacinto River east of Houston in Channelview. (Chronicle file photo)

 

Recent attention to the deadly, cancer-causing dioxin wastes from the San Jacinto River Waste Pits is sorely needed: These wastes need to be removed as soon as possible because they pose a serious, looming threat to Galveston Bay and those who consume its seafood. The pits, placed on the federal Superfund list reserved for the nation's most toxic sites in 2008, are in the worst possible location on the bank of this major tidal river made all the worse due to subsidence. About half of the site is now in the river.

 

As your recent editorial noted ("Remove the Waste," Page A22, Sept. 3), the Environmental Protection Agency has before it two general options to address this mess: dig up and remove the waste from the site, or try to contain the waste in place in a hurricane- and flood-prone area with an armored rock cap. We believe the best solution is to remove the waste now, rather than pass on the possibility of future contamination to our kids, grandkids and great-grandkids.

 

Some of the dioxin originally placed there in the 1960s has leaked out over time and has been passed up the aquatic food chain into fish and crab, presenting a serious health hazard to people who eat fish and crab from parts of the river and Bay. The 200,000 cubic yards of dioxin-contaminated wastes that remain still pose such a great threat that the EPA required the parties responsible for cleanup to place a temporary armored rock cap on it in 2011 to try to prevent further release. The cap has had repeated problems in its five short years. Last December, a large hole was found in the cap's northwest quadrant, exposing the river to the wastes. What makes this all the more troubling is the fact that dioxin is extremely persistent. The EPA has calculated that it will take 750 years for the dioxin in the pits to degrade to a nontoxic concentration. Despite these problems, those responsible for the wastes now want to convince EPA that they can make the cap permanent by simply adding more rock in some areas.

 

As your editorial noted, the recently released U.S. Army Corps of Engineers third-party report on cleanup alternatives did not provide a recommendation; instead it answered questions posed by the EPA. One overarching point the Corps report does make is that a hardened cap can work, but only if it remains intact. This is key to the whole issue: Can a man-made cap can withstand the extreme forces of nature in this vulnerable location until the Year 2766?

 

The Corps report is not reassuring at all. It states that 80 percent of the cap would incur severe erosion under an "extreme hydrologic event." We know from experience that it is only a matter of time before another major hurricane or disastrous flood strikes this area. Conversely, a full removal alternative would isolate the wastes from the river, using the latest industry-accepted methods, to minimize and nearly eliminate any concern about re-suspending waste during removal. This practice, which would take care of the problem once and for all, has been successfully used in other cleanups across the nation.

 

This cap only needs to fail once for us to have an ecological and economic disaster on our hands. A breach of the cap by a hurricane would lead to a significant uncontrolled release of dioxin into the San Jacinto River and Galveston Bay, and the seafood we love to eat and upon which thriving recreational and commercial fisheries depend.

 

Rather than leaving the waste onsite forever, the EPA should insist that the waste is removed. This solution, completed in a timely fashion, is less risky than relying on a man-made cap to keep this waste in place in what amounts to forever in this vulnerable location. All eight local congressional representatives whose districts touch the Bay or tidal tributary waters have called for removal - a strong showing of bipartisan support! The EPA needs to call for removal, as well. Let's solve this problem now and not pass it on to future generations.

 

Stokes is president of the Galveston Bay Foundation. Byers is executive director of the Coastal Conservation Association Texas.

 

 


 

 

San Jacinto River Waste Pits Superfund Site


    Updates:

Overview

 

SJRWP

 
 
The Galveston Bay Foundation wants you to be informed about the cleanup of the San Jacinto River Waste Pits (SJRWP) Superfund Site and learn how you can be involved.

Location and HistoryThe 14-acre pits are located on the west bank of the San Jacinto River immediately upstream of the I-10 Bridge in Channelview, Harris County. An additional pit is located south of I-10 on an upland site, but it has been characterized as not posing an immediate.
In the mid-1960s, the pits north of I-10 received wastes from the former Champion Paper mill located in Pasadena, Texas. The paper mill wastes contained dioxins, which are extremely toxic and can cause increased risk of cancer and other threats to human health such as liver damage and birth defects. The abandoned pits, like the rest of the surrounding area subsided (the sinking of land as the result of groundwater pumping) and the dioxin-laden wastes have been exposed to the waters and sediments of the San Jacinto River for decades. The pits are now partially submerged in the river and are often completely inundated by high river flows or high tide events.

The SJRWP was added to the National Priorities List of hazardous waste sites in 2008. As a result the U.S. Environmental Protection Agency (EPA) began overseeing the Superfund process cleanup of the pits, which is being performed by International Paper (IP) and McGinnis Industrial Maintenance Corporation (MIMC), the potentially responsible parties (PRPs) for the pollution at the site. Given the immediate threat to human and environmental health, EPA directed the PRPs to install a temporary armored cap on the pits north of I-10.  The cap was completed in July 2011.

Nature of the Toxins and Threats to Human and Environmental HealthRather than easily dissolving in water, dioxins tend to bind to soil and sediments. From there, they are ingested by small animals feeding in the sediments, and through the process of bioaccumulation, can concentrate in fish, shellfish and crabs. If humans have been exposed to dioxins from this site, it is very likely to have been through eating contaminated seafood. In fact, dioxins have been found in certain fish and crabs at concentrations which have prompted the state health department to issue seafood consumptions advisories in Galveston Bay and its tidal tributaries, such as the San Jacinto River.

Two other critical exposure paths have been characterized at this site. Before the pits were temporarily capped, people could come into direct contact with the dioxins through or dermal absorption (absorption through the skin) as they touched the wastes with their bare skin or through accidental ingestion (e.g. children placing there hands into their mouths) of contaminated sediments.
Given the chemical nature of dioxins, including its relative insolubility in water, and the characteristics of the SJRWP, people are not expected to be exposed to contaminants from airborne dust, groundwater, or surface water. For more information on the routes of exposure to SJRWP dioxins, see the Public Health Assessment – Final Version that was prepared by the Texas Department of State Health Services.
The Superfund Cleanup
 
 The cleanup is being implemented by U.S. EPA and the Potentially Responsible Parties (PRPs): McGinnis Industrial Maintenance Corporation and International Paper Company. Here are the highlights of the investigation and cleanup actions have been completed to date or are underway:
Activity Description Start Date Completion Date
Discovery the Site Texas Parks and Wildlife Department became aware of information suggesting the presence of waste pits in and adjacent to the San Jacinto River and notified the Texas Commission on Environmental Quality. April 2005
Placement on National Priorities List The U.S. EPA’s listing of the site on the NPL made it a “Superfund” site, eligible for further investigation and action. March 2008
Time Critical Removal Action A short-term stabilization/capping of the waste pits by the responsible parties. In this case, an armored cap was placed over the waste pits to temporarily address the release of dioxin into the San Jacinto River. The final method of cleaning up the site will not be chosen until the end of 2013, but this cap was designed to stop the release of additional contaminants into the river while the site was being investigated and the final method of cleanup chosen and implemented. April 2010 July 2011
Remedial Investigation / Feasibility Study / EPA Proposed Plan for Cleanup The process of data collection and analyses of the site problem, identification of cleanup alternatives, and the recommendation of a clean-up remedy. NOTE: The latest information we have received from the U.S. EPA indicates that they will announce their proposed plan for cleanup late Summer 2016, which will kick off a 30-day public comment period.  We will notify those on our mailing list and update this page when the dates are confirmed. December 2009 Late Summer 2016 (tentative)
More information can be found on the U.S. EPA’s San Jacinto River Waste Pits webpage.
Independent Review Findings
 
The Galveston Bay Foundation received a grant from the U.S. EPA to hire scientists from the Houston Advanced Research Center (HARC) to serve as the independent technical advisors and review site cleanup process reports, provide expert input, and communicate their findings to the public. These findings will be posted on this webpage and communicated to the public via meetings, electronic communications and print pieces.

Technical Advisor’s Reviews of Key Document Produced for the U.S. EPA Cleanup Process:

Jan. 24, 2013 GBF/HARC Meeting Summary
FAQs
Frequently Asked Questions**Answers provided by Houston Advanced Research Center and Galveston Bay Foundation.
What Else is Being Done?
 Not all of the contamination in the San Jacinto River is from the Waste Pits site. The Texas Commission on Environmental Quality and the Houston-Galveston Area Council have initiated total maximum daily load (TMDL) projects for the Houston Ship Channel, San Jacinto River, Upper Galveston Bay, and Galveston Bay to pinpoint different sources of dioxins, as well as polychlorinated biphenyls (PCBs), another  highly toxic family of compounds, and develop a plan to reduce their concentration in the environment and seafood. General information about TMDL projects can be found here. Specific information on TMDL projects in the San Jacinto River Basin can be found here.
Get on Our Mailing List
If you would like to be added to our mailing/emailing list to receive San Jacinto River Waste Pits Superfund Site updates and public meeting notices, please contact Scott Jones of the Galveston Bay Foundation at 281-332-3381 x209 or e-mail sjones@galvbay.org.
For More Information
For more information on the SJRWP and its cleanup, please contact:
  • HARC Technical Advisor: Jennifer Ronk at (281) 363-7927 and jronk@harc.edu.
  • EPA SJRWP Project Manager: Gary Miller at (214) 665-8318 and Miller.Garyg@epa.gov.
  • EPA Community Involvement Coordinator: Donn Walters at (214) 665-6483 and Walters.Donn@epa.gov.
  • Texas Department of State Health Services (for information on the Public Health Assessment): Richard Beauchamp at (512) 776-6434 and Richard.Beauchamp@dshs.state.tx.us.
  • Texas Department of State Health Services (for information seafood advisories and shellfish harvest areas): Michael Tennant at (512) 834-6757 and michael.tennant@dshs.state.tx.us.
  • Texas Department of State Health Services (for information on the Public Health Assessment and seafood advisories): Tina Walker at (512) 776-2932 and tina.walker@dshs.state.tx.us.
  • Texas Commission on Environmental Quality Superfund Program: Satya Dwivedula at 1-800-633-9363 and Satya.Dwivedula@tceq.texas.gov.
  • Texas Commission on Environmental Quality Superfund Community Relations: Crystal Taylor at (512) 239-3844 and crystal.taylor@tceq.texas.gov.
  • Texas Commission on Environmental Quality (for information on sediment dioxin concentrations in the bay system and other potential sources): Linda Broach at (713) 767-3579 and Linda.Broach@tceq.texas.gov
  • Houston-Galveston Area Council (for information on the Total Maximum Daily Load projects): Steven Johnston at (832) 681-2579 and steven.johnston@h-gac.com.
For more information about the Technical Assistance Grant itself, contact Scott Jones of the Galveston Bay Foundation at (281) 332-3381 x209 or sjones@galvbay.org.

http://www.galvbay.org/how-we-protect-the-bay/taking-action/sjrwp/


Thank You Galveston Bay Foundation !


In 1965 Champion Paper Mill, which was located in Pasadena, contracted with McGinnis Industrial Maintenance Corporation to dispose of Champion’s industrial waste. MIMC dug pits along the San Jacinto and dumped toxic waste there until 1967, when the unlined pits reached capacity. The following year, MIMC’s board of directors voted to abandon the site. Over the next four decades, the riverbank that separated the pits from the river gradually eroded, until large sections of them were submerged beneath the water. The site was basically unknown to anybody else until 2005, when the Texas Parks and Wildlife Department realized what was there. In 2008, the EPA granted it Superfund status but initially did nothing to stop the flow of poisons—such as dioxin, one of the most toxic chemicals known to man—from the pits. 

Young came to suspect that her family’s troubles could be traced back to the site; in 2008 Hurricane Ike struck just east of the pits and flooded the Highlands area. Her health problems escalated after that. “I try not to think about it,” she says, “but my dad may not be able to walk me down the aisle. I may not be able to have kids.”

Young and her mother wanted to know if they were the only family in the neighborhood experiencing these sorts of symptoms, so they started knocking on doors. Nearly every opened door produced a story of illness. “Every day I run into somebody who has leukemia, multiple myeloma, lymphoma, lupus,” Bonta says. The Bontas knew they needed to move off the property, but they couldn’t in good conscience sell it to someone else. Their only option was to allow the bank to foreclose and to walk away from everything, which is what they did. The Bontas moved to Cypress and Young left for Houston. Young’s health slowly improved, though she is still being treated for endometriosis. John remains in bad shape.

Convinced that others were suffering, Young and her mother continued to visit Highlands, knocking on more doors. Not everyone was receptive to their overtures. “People tell me, ‘You’re not going to get nothing done in this town,’ ” Bonta says. But they discovered that there were others who shared their concerns. In 2010 the nonprofit group Texans Together had begun a campaign to inform Highlands residents about the dangers of the pits. Young started volunteering for the nonprofit’s San Jacinto River Coalition, eventually signing on full-time as the coalition’s director. 

Texans Together wasn’t the only organization grappling with the issue of the waste pits. In 2011 the Harris County Attorney’s Office filed a lawsuit against International Paper (which had merged with Champion Paper years earlier), MIMC, and MIMC’s parent company, Waste Management, for violating the Texas Water Code, Health and Safety Code, Solid Waste Disposal Act, and Hazardous Substances Spill Prevention and Control Act and conspiring with one another to violate these codes and acts.

The case finally went to trial last October. Young knew that it would be tough going; the evidence was complicated and the defendants had well-funded legal counsel. But she was encouraged by the example of a new friend she had made several months earlier, a woman named Marie Flickinger.
see map ;

http://www.texasmonthly.com/wp-content/uploads/sites/23/2015/03/San-Jacinto-Waste-Pits-680_0.jpg

snip see full story ‘A Tail of Two Sites’

http://www.texasmonthly.com/articles/a-tale-of-two-sites/

What kind of water are we going to leave our children and grandchildren?

The San Jacinto River Wastepits - an environmental tragedy

 
Terry S. Singeltary Sr.