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Poly-Cycle Industries, Inc., Tecula

This former lead-acid battery recycling facility in Tecula, Cherokee County is being addressed under the State Superfund Program.

Site Background

The Poly-Cycle Industries, Inc., Tecula site (the site) is located northeast of Tecula on the southeast corner of the intersection of FM 2064 and CR 4216, in Cherokee County. The Union Pacific Railroad makes up the southern boundary of the 35-acre site. Prior to May 1982, and up to January 1990, Poly-Cycle Industries, Inc., Tecula operated as a recycler of lead from lead acid batteries. They also recycled plastic and rubber chips from ground up battery cases. In 1983, the site received contaminated soil from a nearby Poly-Cycle operation in Jacksonville.

In 1991 and 1992, EPA excavated contaminated soil and battery waste from a nine-acre area. Less-contaminated soil was consolidated on-site and covered with a top liner and two-foot seeded soil cap. The most highly-contaminated waste was containerized in approximately 2,200 1.7 cubic yard polypropylene bags, for temporary storage in buildings. Between 2005 and 2009, the Remedial Investigation phase of work was completed by a group of respondents under Administrative Order.

Superfund Actions Taken to Date

  • August 15, 2002, a hazard ranking system (HRS) documentation record was prepared for the Poly-Cycle Industries, Inc., Tecula site.
  • July 18, 2003, the TCEQ began mailing notifications to the potentially responsible parties, asking for a response which would show a good-faith offer to enter into an agreed order to perform a remedial investigation and feasibility study at the site.
  • July 25, 2003, a legal notice was published in the Texas Register (28 TexReg 5910-5911) describing the site and proposing the site for listing on the state Superfund registry. A public meeting to receive citizen comments was scheduled for August 28, 2003, at the Jacksonville Public Library.
  • August 28, 2003, a public meeting was held at the Jacksonville Public Library to receive community comments on the proposal to list the Poly-Cycle Industries, Inc., Tecula site on the Superfund registry and to propose nonresidential land use specifications for remediation of the site contamination.
  • January 6, 2004, the TCEQ began receiving good-faith offers from various parties
    responding as a group to begin discussion of an agreed administrative order.
  • April 19, 2004, a deed notice that the property had been proposed to the Superfund registry was filed with the real property records in Cherokee County.
  • May 2004, a community relations plan was prepared for the Poly-Cycle Industries, Inc., Tecula site.
  • May 2004, the TCEQ inspected the security fence, the cap of the containment cell and the two buildings on-site.
  • December 18, 2004, effective date of the agreed administrative order issued by the TCEQ requiring the respondent group to conduct a remedial investigation and feasibility study as authorized by §361.185 and §361272 of the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361.
  • February 2005, the TCEQ received the Field Sampling Plan for conducting the remedial investigation.
  • September 26, 2005, the TCEQ approved the Field Sampling Plan with revisions.
  • January 2006, the TCEQ received the Remedial Investigation Technical Memorandum.
  • April 28, 2006, comments on the Remedial Investigation Technical Memorandum were sent to the respondent group.
  • August 2006, the TCEQ received Second Phase Investigation Work Plan.
  • August 30, 2006, comments to the Second Phase Investigation Work Plan were sent to the respondent group.
  • September 13, 2006, the TCEQ received revisions to the Second Phase Investigation Work Plan.
  • September 25, 2006, the TCEQ approved the Revised Second Phase Investigation Work Plan with modifications.
  • January 12, 2007, the TCEQ received a Revised Data Usability Summary for the remedial investigation first phase analytical data.
  • January 26, 2007, comments on the revisions to the Data Usability Summary were sent back to the respondent group.
  • March 30, 2007, the TCEQ received revisions to the Data Usability Summary for the October 2005 investigation data.
  • April 10, 2007, the TCEQ approved the Revised Data Usability Summary for the October 2005 investigation data.
  • May 2, 2007, the TCEQ received the Technical Memorandum for the Second Phase Investigation and associated data Usability Summary for samples from October - December 2006.
  • June 26, 2007, the TCEQ conditionally approved the technical memorandum’s recommendation to prepare a Remedial Investigation Report.
  • November 12, 2008, the TCEQ received the Remedial Investigation Report, dated Nov. 11, 2008.
  • February 6, 2009, the TCEQ's comments to the Remedial Investigation Report were sent to the respondent group.
  • May 21, 2009, the TCEQ received the response to the comments sent on February 6, 2009, for the Remedial Investigation Report dated November 11, 2008.
  • November 5, 2009, the TCEQ mailed a letter to the respondent group, approving the Remedial Investigation - Affected Property Assessment Report (RI-APAR).
  • April 19, 2010, the TCEQ received the Feasibility Study/Presumptive Remedies document.
  • July 26, 2010, the TCEQ's comments to the Feasibility Study/Presumptive Remedies document were sent to the respondent group.
  • September 20, 2010, the TCEQ and the attorney and consultant for the respondent group met at TCEQ headquarters to discuss comments to the Feasibility Study/Presumptive Remedies Document.
  • October 6, 2010, the TCEQ received the written response to comments on the Feasibility Study/Presumptive Remedies Document.
  • March 9, 2011, the TCEQ mailed a legal response letter to the respondent group to address concerns regarding the Feasibility Study/Presumptive Remedies Document.
  • May 3, 2011, the TCEQ and the attorney and consultant for the respondent group met at TCEQ headquarters to discuss the Feasibility Study/Presumptive Remedies Document and different remedial alternatives for the site.
  • January 10, 2012, the TCEQ received Revision 1 of the Feasibility Study
  • March 8, 2012, the TCEQ mailed a response letter to the respondent group to address concerns regarding Revision 1 of the Feasibility Study.
  • March 29, 2012, the TCEQ received a response letter from the respondent group regarding the March 8, 2012 TCEQ comment letter.
  • April 2013, negotiations between the TCEQ and the respondent group are ongoing regarding the preferred remedial alternatives.

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