County Allows Monitoring of Tenaha Area PCP Groundwater Plume by TCEQ

January 23, 2018 - The implementation of wells to monitor a pentachlorophenol (PCP) groundwater plume in the Tenaha area was approved by the Shelby County Commissioners during their January 8, 2018 meeting.

Tim Wilberg with Ensafe, an environmental consulting firm, informed the commissioners about the Texas Commission on Environmental Quality's desire to install four off-site wells to determine the extent of the PCP groundwater plume at a Tenaha Wood Treating Site.

He indicated the location of the wood treating site is off U.S. Highway 96 just south of Tenaha and it operated as a wood treating facility from 1980 to 1985.

"Sites like this are very common. It closed in 1985, they used chromated copper arsenate and pentachlorophenol," said Wilberg. "They had releases of both to soil, to surface water and eventually into the groundwater."

According to Wilberg, an investigation is ongoing by TCEQ since the early 2000s and two removal actions of contaminated soil from the site have been done during that time. 

"The work that's ongoing now is surface water and sediment and fish tissue sampling, and downstream surface water bodies to check on not only PCP, but dioxin which is a byproduct of wood treating facilities," said Wilberg.

He elaborated on the concern of the PCP groundwater plume and explained the concentration of PCP groundwater plume is well above the TCEQ health action level.

"The problem is, the groundwater flow direction is to the north-northeast. It's going off-site. By TCEQ rules, you have to completely assess the extent of contamination," said Wilberg.

A problem he says they have run into is a property owner to the north of the location is not providing permission to drill a monitor well. Wilberg said the next best option is off CR 4382. Wilberg explained the wells will each be a total depth of 20' to 25'. If the monitor wells don't provide the answers they are looking for, Wilberg suggests TCEQ may direct their attention back to the property owner.

"TCEQ does have the ability to force access on property owners, they don't like to do that," said Wilberg.

A motion carried to approve the installation of the monitoring wells.

Stephen Shires, Shelby County District Attorney, spoke with the commissioners about setting up an account for a Drug Court Fund for the purpose of placing monies collected by the probation department.

Shires presented the court with his case of why he thinks a Drug Court or Specialty Court would be great for Shelby County. Judge Allison Harbison suggested establishing an account was more akin to putting the cart before the horse and suggested a plan be established before setting up an account.

"I think the first step we're going to need to do, is we're going to need to establish the program before we establish the account," said Judge Harbison. "Under Government Code 123.02, the only ones that have the authority to establish the program is commissioners' court. So we probably need to establish the program."

Judge Harbison said a program needs to be put in place since the county is no longer a part of the regional program out of Panola County since the probation department split. She said a proper procedure would be to establish a program through the commissioners' court, then have a plan approved before approving an account.

To further advance conversation about the establishment of a drug court account Shires addressed a separate item on the meeting agenda, a Specialty Courts program grant funded by the office of the Texas governor. He explained this court would not only address drug court issues, but mental health issues, DWIs, and veterans' issues.

"I think that I would like to see a plan before we just establish something, so maybe before the next commissioners' court meeting if you can get us a plan on exactly what you're gonna do," said Judge Harbison.

Harbison referenced Government Code, Chapter 123, which outlines different possible uses of the drug court to even include intoxication offenses. She reiterated she would like to see a plan at the next commissioners' court meeting in two weeks. Shires said he would work on getting that done and stated he has a February 20 deadline to get the program established.

Judge Harbison suggested that since Panola County already has a working plan in place, perhaps Shires could ask Judge LeAnn Rafferty to get him a copy to work from in making a plan. 

Shires asked that the agenda items be worded differently the next time around, and Harbison suggested Shires email the preferred wording in the future for possible approval.

The commissioners chose to take no action on the two items until a plan has been presented for them to review.

Another item Shires requested of the commissioners was to allow the hire of an intern for his office paid for with the use of forfeiture funds. Shires explained the court of criminal procedure allows for this use of funds.

"The only no-no is that I cannot use funds, forfeiture funds in an employment context to substitute funds for the person's salary," said Shires. "In other words, if you're paying one of my legal assistants at the office, I can't supplement them and then y'all cut their pay by that amount."

Shires said all he wants is a part-time intern as he has had one before; however, he has paid them out of his own pocket. He used paperwork issues as an example of a need for an intern, and said he has a huge need. According to Shires, the District Attorney's office prosecuted 10 cases in 2017 and he expects to prosecute 12 more in 2018. 

There are three staff members with specific duties at the District Attorney's office working for Shires, and he explained he needs an intern to perform more menial tasks such as loading paper into printers.

The expectation is to have this individual working for 20 hours a week and earning possibly more than minimum wage. Shires expects to be replenishing funds in the forfeiture fund very soon.

A motion carried to allow the part-time hire of an intern for the District Attorney's office paid from the forfeiture fund as long as funds can sustain the hire.

The meeting went into an executive session from 10:35am until 11:02am and when the meeting returned to open session, no action was taken. 

The meeting was then adjourned.

Officers' report

Fees collected per office for December:
    Deborah Riley, Tax Assessor/Collector, office: Property: $1,797,140.13; Motor Vehicle: $34,522.83 for a total of $1,831,662.96
    Jennifer Fountain, County Clerk: $26,605.98
    Lori Oliver, District Clerk: $12,158.97
    Melissa Crouch, Justice of the Peace Precinct 1: $11,460
    Marla Denby, Justice of the Peace Precinct 2: $861
    Margie Anderson, Justice of the Peace Precinct 3: $6,932
    Jenny Hicks, Justice of the Peace Precinct 4: $1,196
    Mike Crouch, Justice of the Peace Precinct 5: $976
    Zach Warr, Constable Precinct 1: $355
    James Hagler, Constable Precinct 2: $0
    Roy Cheatwood, Constable Precinct 3: $180
    Jake Metcalf, Constable Precinct 4: $90
    Robert Hairgrove, Constable Precinct 5: $0

Grand total: $1,891,852.91

  Money Market CD#1 generated $246.63 total market value of $428,929.08
  Money Market CD#2 generated $215.76 total market value of $428,200.32
  Money Market CD#3 generated $245.93 total market value of $427,697.48
  Money Market CD#4 generated $280.17 total market value of $487,244.82
  Total CD Transactions $988.49 for a total market value of $1,772,071.70
    Shelby County Money Market generated $5.32 for a total value of $25,074.79
Total Interest earned on investments $993.81
    Total investments of $1,797,146.49
Total Interest from Interest Bearing Checking Accounts: $831.45


Agenda items approved during the meeting include:
1. Minutes of the December 8, 2017 Special meeting, December 11, 2017 Regular meeting, December 13, 2017 Special meeting, December 21, 2017 Special meeting, and the December 27, 2017 Special meeting of the Shelby County Commissioners’ Court.
2. Weekly expenses.
3. Officers Report.
4. Purchase new heaters for Sheriff’s Department at $49,000.
5. Move forward with four off-site monitor wells to determine extent of pentachlorophenol groundwater plume at Tenaha Wood Treating Site.
6. Resolution in support of original motion bringing suit on behalf of Shelby County, Texas, vs. various drug manufacturers, developers, suppliers and others of a class of pharmaceutical class of drugs commonly referred to as opioids and approval of Professional Services Agreement for Special Counsel.
7. Create a part-time internship at District Attorney’s office to be paid out of forfeiture funds as they are available.
8. Allow mounting of T.V. monitors in District Courtrooms.
9. Adjourn.

Tabled
1. Pct. 3 Commissioner to close County Road 3120.