Economic Development MSD Expedited in ignoring known contamination in Arlington Texas

3/31/2019 update

—– Forwarded Message —–
From: kim feil <>
To: Richard L. Guldi <>; Zacariah Hildenbrand <>
Cc: Victoria Myers <>; Craig Cummings <>; Roxanne Thalman <>; Kathryn Wilemon <>; Michael Glaspie <>; Lana Wolff <>; Robert Shepard <>; Jeff Williams <>; Sheri Capehart <>; Trey Yelverton <>; Helen Moise <>; Jim Parajon <>; Jason M. Allen <>; Cynthia Simmons <>
Sent: Sunday, March 31, 2019, 6:34:32 PM CDT
Subject: Fw: NSF61 will not comment on HDPE piping’s risk if installed in Benzene contaminated soil/known MSDS area…or unknown near fracking
Zack, years ago I gave you a CD with that I obtained from an open records report from the City of Arlington regarding an MSD near my home, It contained proof that all the water well owners in a 3 or 5 mile area were informed that they have a chance to public comment on the (then) pending MSD 12-1 ref project #95127039.2A at 305 N East St, Arlington TX 76011 and that they will forever be banned from using their existing water wells for potable water purposes.
And so the City admits it is a risk to have ANY drinking water piping in a Brownfield area…..and yet when they approved the MSD by my house where the engineering soil testing report said the pollution from an old gasoline station at East and Division “based on the available, analytical data, it is likely that the Contaminants of Concern detected in ground water at the proposed MSD 12-1 site exceed assessment levels off-site as well.”  is hundreds of feet away from my home, they made no move to redo the piping in the residential areas or alert us …….and my husband did get cancer in 2013.
We may never be able to prove harm and likely the City will not ever take responsibility to prove they did NOT harm us, so I must now test the soil near my home to see if benzene is present near where our drinking water comes in? The Terracon report had 11 monitoring wells and well #3 exceeded the Benzene 544 times the TCEQ PST threshold for water.
As the City likes to mix industrial with residential, and with MSD’s forever forgiving environmental clean up where the City provides “safe” drinking water yet takes no responsibility to alert those nearby without water wells is not in the best interest of the health of Arlington residents as the spirit of protection falls short when they allow drinking water piping to exist risking COC’s permeating the piping in an known MSD.
Kim Feil TEX LG. CODE ANN. A§ 253.005 : Texas Statutes – Section 253.005: LEASE OF OIL, GAS, OR MINERAL LAND “(c) A well may not be drilled in the thickly settled part of the municipality..” Texas Administrative Code, Title 30, Part 1, Chapter 101, Subchapter A, Rule 101.4, Environmental Quality, Nuisance No person shall discharge from any source whatsoever one or more air contaminants or combinations thereof, in such concentration and of such duration as are or may tend to be injurious to or to adversely affect human health or welfare, animal life, vegetation, or property, or as to interfere with the normal use and enjoyment of animal life, vegetation, or property. To op-out from blind copied emails, hit the reply button and request on the subject line or in the subject text. Feedback is encouraged.
—– Forwarded Message —–
From: Craig Cummings <>
To: kim feil <>
Sent: Wednesday, March 27, 2019, 11:38:31 AM CDT
Subject: RE: NSF61 will not comment on HDPE piping’s risk if installed in Benzene contaminated soil/known MSDS area…or unknown near fracking


Both HDPE and PVC are NSF certified. For further information on that certification, you would need to contact NSF.

Arlington does not test soil before the installation of HDPE or PVC as it would not be cost-effective to do so. Most pipe installation occur in residential areas where there is little chance that benzene (most likely from a previously leaking underground storage tank) would be present. As such, testing would not be based on  any knowledge or evidence of any contamination and would be an unnecessary cost to borne by Arlington Water Utilities ratepayers.

In areas where a known spill/leak has occurred, AWU will avoid installation of drinking water piping altogether. If that is not possible, piping materials other than PVC and HDPE, such as ductile iron pipe with petrochemical resistant gaskets and copper service lines, would be utilized.

Unfortunately, with your list of questions, I am unable to devote the time to answer them as I have numerous other issues that I must address.

If you have questions on subjects that appear in public records, please submit an Open Records Request.



end 2019 update—————


There are 281 water wells within  5 miles of a legally abandoned Benzene contaminated area. We are near the Cowboy Stadium which is about 1,000 feet from my home on N Elm St. I did an open records request to see the official notifications (to forever NOT drill for potable water) to the well owners for the 5 mile radius for the MSD at the corner of East and Abram St. The City has to notify folks and then they vote to never clean up a known contaminated site in the interest of economic development.

One of those water wells is Pantego’s  drinking water source.

Another one of those water wells belongs to the City of Arlington (I wonder if it is the old mineral well that I was assured that was capped-I never did find out any details on how or when it was capped-guess its not officially capped since Terracon excluded known plugged and abandoned wells from their list of people to contact about this pending MSD…..


“Dear Feil Kim, Your public information you requested:The mineral water well located near the Central Library at 101 W. Abram Street has not been in service since 1984.  The water fountain was disconnected at that time…”

FYI on Municipal Setting Designations where the state allows exemption to REMEDIATION on known contamination (ie old gasoline stations etc.. Arlington has drilling as a type of business for potential MSD on their webpage.

These exemptions are in the interest of economic development and collecting taxes compliments of the TCEQ. As usual, I share my love letters and Mr Sallman’s timely response that I boldfaced for emphasis…

—– Forwarded Message —–

From: kim feil <>

To: “” <>  

Sent: Thursday, June 20, 2013 11:56 AM

Subject: MSD 12-1 ref project #95127039.2A at 305 N East St, Arlington TX 76011

Mr Sallman, please Ref page 23 where Table 5 titled “Groundwater Sample Analytical Results – VOC’s and TPH” has PCL’s related to soil and not water. Were those thresholds not available for water contamination?

Please also tell me the status of the MSD, where your company reported… “based on the available, analytical data, it is likely that the Contaminents of Concern detected in ground water at the proposed MSD 12-1 site exceed assessment levels off-site as well.” 

My interest is that I live at 409 Elm and the Benzene plume probably extends to my property and my husband has cancer in his lymph nodes (they could not find the primary tumor). My teenage son has a VMA biomarker that tested positive that signals to look for an adrenal tumor, and his total lymphocyte percent count is abnormally low on repeated tests.

We drink municipal water that is filtered in our home, but were wondering if you ever conducted air tests on any other MSD’s just to see if any known Benzene detections close to the surface soil is aerosolizing? Your soil testing uncovered Benzene in one of your monitoring areas at 28 times the PST threshold albeit was 12 feet down. I’m still uncomfortable that Benzene was detected so close to my home only 2 feet down ( at 25% of the legal threshold for soil contamination).

Do you have any other info on how MSD’s could be affected with seismic activity of nearby gaswell drilling as this MSD location is extremely close to the Chesapeake drill site. I appreciated the breakdown of the info on the eleven monitoring wells, but would have liked to see the location of where the wells were because well #3 exceeded the Benzene 544 times the TCEQ PST threshold for water.

I have mixed emotions on if the clean up should have happened because I understand the dynamics of disturbing COC’s and sometimes they are better off waiting for nature to attenuate which could be up to 200 years for Petroleum related VOC’s. I’m not sure about how long the arsenic or lead natural clean up takes. Thank you for updating me and providing me with any other feedback you may have in this matter.

Kim Feil ————–

Sent: Friday, June 21, 2013 11:38 AM
Subject: RE: MSD 12-1 ref project #95127039.2A at 305 N East St, Arlington TX 76011
Ms. Feil, I will try to answer each of your questions, but may not answer them in the same order asked.  First, the TCEQ issued an MSD certificate for the site.  Terracon has also submitted an Assessment Report Form (ARF) to the TCEQ Petroleum Storage Tank Division.  Both the MSD and the ARF are considered public record and are available for review at the TCEQ in Austin.
Page 23, Table 5 has a typographical error, and it should say “Groundwater” instead of “Soil” at the top of the last column in the table.  Please note that the well locations were provided on Figure 1 of the MSD submittal.
I do not have information regarding how an MSD site could be affected by seismic activity associated with gas well drilling.  The TCEQ and/or the Texas Railroad Commission may have more pertinent information regarding those issues.
Please note that the City’s water is supplied from surface water reservoirs, and not groundwater resources.  The ARF (which is public record) has information regarding each type of sampling conducted on the site.  Typically, air inhalation action levels are not exceeded, thus air sampling is typically not required on most sites.
I hope this answers your questions.  If you have additional questions, I encourage you to make an open records request for the TCEQ submittals and look those over.

John B. Sallman, P.G.
Senior Principal I

Assistant Director of Environmental Services
Terracon Consultants, Inc.

About Kim Triolo Feil

Since TX Statute 253.005 forbids drilling in heavily settled municipalities, I unsuccessfully ran for City Council Seat to try to enforce this. Since Urban Drilling, our drinking water has almost tripled for TTHM's. Before moving to Arlington in 1990, I lived in Norco’s “cancer alley”, a refinery town. It was only after Urban Drilling in Arlington did I start having health effects. After our drill site was established closest to my home, the chronic nosebleeds started. I know there are more canaries here in Arlington having reactions to our industrialized airshed (we have 55-60 padsites of gas wells). Come forward and report to me those having health issues especially if you live to the north/northwest of a drill site so I can map your health effects on this blog. My youtube account is KimFeilGood. FAIR USE NOTICE: THIS SITE MAY CONTAIN COPYRIGHTED MATERIAL THE USE OF WHICH HAS NOT ALWAYS BEEN SPECIFICALLY AUTHORIZED BY THE COPYRIGHT OWNER. MATERIAL FROM DIVERSE AND SOMETIMES TEMPORARY SOURCES IS BEING MADE AVAILABLE IN A PERMANENT UNIFIED MANNER, AS PART OF AN EFFORT TO ADVANCE UNDERSTANDING OF THE SOCIAL JUSTICE ISSUES ASSOCIATED WITH EMINENT DOMAIN AND THE PRIVATIZATION OF PUBLIC INFRASTRUCTURE (AMONG OTHER THINGS). IT IS BELIEVED THAT THIS IS A 'FAIR USE' OF THE INFORMATION AS ALLOWED UNDER SECTION 107 OF THE US COPYRIGHT LAW. IN ACCORDANCE WITH TITLE 17 USC SECTION 107, THE SITE IS MAINTAINED WITHOUT PROFIT FOR THOSE WHO ACCESS IT FOR RESEARCH AND EDUCATIONAL PURPOSES. FOR MORE INFORMATION, SEE: HTTP://WWW.LAW.CORNELL.EDU/ TO USE MATERIAL REPRODUCED ON THIS SITE FOR PURPOSES THAT GO BEYOND 'FAIR USE', PERMISSION IS REQUIRED FROM THE COPYRIGHT OWNER INDICATED WITH A NAME AND INTERNET LINK AT THE END OF EACH ITEM. (NOTE: THE TEXT OF THIS NOTICE WAS ALSO LIFTED FROM CORRIDORNEWS.BLOGSPOT.COM)
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