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The Brazoria
County Commissioners’ Court will meet on Tuesday, April 8 at
9:00 AM in the First Floor Commissioners’ Courtroom, Suite
100A of the County Courthouse, Angleton, Texas. Included in
the Discussion Agenda for the District Attorney is a hearing
regarding the application by Mr. Heriberto Flores for a
Junkyard/Salvage Yard to be located at 4232 FM 2611,
Brazoria (Churchill area), Texas. The property is described
by the Brazoria County Appraisal District record as Lot 58,
Riverwood Subdivision, (A0002 T & W Alley – A0041 T. B.
Bell), consisting of 2.637 acres. It is located south of
Churchill Grocery on the west side of the highway.
Automobile
salvage yard processes may include:
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Storage
of vehicles
-
Vehicle
dismantling
-
Used
parts sales
-
Metal
recycling
-
Plastic
recycling or disposal
-
“Used
Oil” recycling or waste oil disposal
-
Lead
Acid battery recycling or disposal
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On-site
crushing or shredding (portable contractile or
permanently at site)
-
Part
repairs
-
Used
radiator repairs and/or flushing
-
Parts
cleaning activity, utilizing solvents, soaps, etc.
-
Painting
Potential
waste products that may be generated due to this activity
and have the potential to enter into the environment
include:
-
Used or
waste fluids: Antifreeze (highly toxic to mammals),
Oil, Transmission/transaxle fluids, power steering
fluids, differential fluids (rear drive vehicles), brake
fluids, A/C compressor oil
-
Used or
waste oil filters
-
Gases:
Used A/C (air issue) has to be collected (evacuated)
using Freon recycling machines. Operator may have to be
certified.
-
Waste or
Contaminated Fuels: gasoline, diesel, etc
-
Contaminated soil and absorbents from remediation of
spills associated cleaning activity, associated with
parts recovery, and vehicle components leaking fluids
during storage
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Sulfuric
acid from Lead Acid batteries
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Mercury
(neurotoxin) from electrical Switches
-
Used
tires
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Contaminated rags
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Lead (neurotoxin):
batteries, wheel weights, Battery cable ends, radiators,
heater cores, soldered components
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Air bag propellants (sodium azide)
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Catalytic converter containing platinum, rhodium and
palladium.
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If
shredding occurs, residues consisting of foam, plastics,
metal fines, rubber, glass, fabric, oils and possibly
PCBs. These residues possibly could be contaminated by
fluids, metals and other parts left in the vehicles
before shredding if not removed prior to shredding.
Generally
speaking, if recycled, the majority of these waste products
are exempt from the RCRA and the Texas Solid Waste
regulations. Regardless, whether they are recycled or
disposed of, they all have to be managed properly. Disposal
must be made at authorized sites.
Surface and subsurface
contamination is regulated under a number of regulations,
including the TCEQ Solid Waste and Spill regulations, the
Texas Risk Reduction Program,
and the Texas Water Code. Other regulations include Used
Oil, Universal Waste and Used Tires.
Junkyards
and automotive wrecking and salvage yards must be licensed
by Brazoria County. Rules for
licensing
may be found at
http://www.brazoria-county.com/environmental/docs/JunkyardOrdinance2007.pdf.
As per the rules, an application may be denied
for the following reasons:
a. the location of the proposed yard would be detrimental to
the public health, safety, or welfare;
b. the location of the proposed yard would create a hazard
to the environment;
c. the location of the nearest boundary of the proposed yard
would be within 1,000 feet of the nearest property line of
property on which there is a church, a school, a park, a
hospital, a nursing home, or a residence (single-family
home, duplex, apartment, townhouse, or mobile home), or the
nearest boundary of a residential subdivision for which
County has approved a survey's plat;
d. the
location of the proposed yard would be, incompatible with
the surrounding development;
e. the
location of the proposed yard would be detrimental to the
economic welfare of Brazoria County;
f. the
location of the proposed yard would be within 1,500 feet of
a lake, river, tributary or pond;
g. the
location of the proposed yard would be within the 100-year
flood plain; or
h. the
applicant has not complied with Article 5 of these rules.
Although the
Flores site is in close proximity to the San Bernard River,
it is more than 1,500 feet away as measured on Google Earth
aerials. However, the site is within the 100 year flood
plain as per FEMA floodplain maps. Additionally, locals are
aware the properties along this stretch of FM 2611 are
low-lying and prone to inundation from common rain events.
The county Soil Survey indicates the soil in the area is
primarily Lake Charles clay, which is poorly permeable and
poorly drained. Therefore, ponding is common. The 0% to 1%
slope found on these soils creates relatively slow run-off.
Drainage in the area appears to be along a roadside ditch
that runs parallel to F.M. 2611, then angles to the east to
run along the feeder road adjacent to the highway. The
ditch feeds into a culvert under C.R. 659 and drainage
enters the San Bernard River, roughly opposite the boat
ramp. While contaminants picked up in storm water run-off
are unlikely to be of a concentration to cause acute
toxicity, repeated introduction of persistent contaminants,
such as mercury and lead, may lead to chronic toxicity in
organisms. In an aquatic environment, the larvae and
juvenile stages of fish and invertebrates are most
vulnerable.
Storm water runoff from salvage yards is
regulated through TCEQ permits. A salvage yard owner or
operator has options regarding the type of storm water
permit to operate under. Probably most choose the TCEQ’s
Texas Pollution Discharge Elimination System (TPDES) General
Permit No. TXR050000 (Multi Sector General Permit). This
permit authorizes the discharge of storm water associated
with specific industrial activities, including auto salvage
yards. The permit specifies which facilities must obtain
permit coverage, which are eligible for exclusion from
permitting requirements, and which may be required to obtain
individual permit coverage (more stringent). The General
Permit is based on an industrial facility falling under a
Sector and Specific Industrial Classification (SIC) Code.
Automobile Salvage Yards is Sector M and has SIC Code 5015.
Salvage Yards are authorized to discharge storm water under
the requirements of the General Permit.
The General
Permit requires applicants to notify the TCEQ through a
Notice of Intent (NOI) prior to conducting salvage yard
activities. (This consists of a written submission to the
TCEQ executive director from an applicant requesting
coverage under this general permit). In addition, an
applicant seeking authorization under the general permit
must develop and implement a storm water pollution
prevention plan (SWP3) before submitting an NOI for coverage
under the General Permit. The SWP3 must be maintained at
the facility and made readily available for review by
authorized TCEQ personnel upon request.
There are
numerous requirements in the General Permit; however, the
SWP3 is the core of the permit requirements on how the
permittee is to manage and control potential contaminates
from discharging off-site.
Among many
other requirements, the permittee is to include the
following in the SWP3:
1.
Implement of SWP3 and Consistency With
Other Plans
a.
Identify actual and potential sources
of pollution that may reasonably be expected to affect the
quality of storm water discharges from the facility;
b.
Establish practices and any
necessary controls that will prevent or effectively reduce
pollution in storm water discharges from the facility and
that ensure compliance with the terms and conditions of this
general permit;
c.
Describe how the selected practices
and controls are appropriate for the facility and how each
will effectively prevent or lessen pollution; discuss how
controls and practices relate to each other such that
together they comprise an integrated, facility-wide approach
for pollution prevention in storm water discharges. The
discussion may include references to literature or
site-specific performance information on the selected
controls and practices to demonstrate the appropriateness of
each.
2.
Create a Pollution Prevention Team
3.
Investigate and Certify
Non-Storm Water Discharges
4.
Describe Potential
Pollutants and Sources
5.
Pollution Prevention
Measures and Controls
a.
Includes:
i.
Good Housekeeping Measures
ii.
Spill Prevention and
Response Measures
iii.
Erosion Control Measures
iv.
Maintenance Program for
Structural Controls
v.
Best Management Practices
(BMPs)
vi.
Employee Training Program
and Employee Education
vii.
Periodic Inspections
viii.
Quarterly Visual Monitoring
ix.
Record Retention
6.
Management of Runoff with
Structural Controls
7.
Annual Comprehensive Site
Compliance Evaluation
8.
Annual Site Compliance
Evaluation Report
9.
Revision of the SWP3
Some other
requirements of the General Permit include:
1.
Benchmark Monitoring
2.
Complying with the solid
waste regulations
3.
Producing a Site Map - The
site map must include the locations of the following
activities if there is potential exposure to storm water:
i.
Vehicle and vehicle parts storage
areas;
ii.
Vehicle dismantling areas;
iii.
Vehicle and equipment fueling and
maintenance areas;
iv.
Vehicle, parts, and equipment cleaning
areas
v.
Waste treatment, storage and disposal
areas; and
vi.
Areas where fluids or fuels
are stored in drums, tanks, or other containers.
General
Permit No. TXR050000 can be found at:
http://www.tceq.state.tx.us/permitting/water_quality/stormwater/TXR05_steps.html
One of F.O.R.'s
primary functions is to educate the public
regarding the issues concerning the San Bernard
River and it's Communities. Contact Pat Webb
pat@sanbernardriver.com to schedule a
guest speaker for your group or special event.
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