Find GM & Bulk Petroleum responsible & make them clean up their MSD14-2 groundwater mess!

—– Forwarded Message —–
From: kim feil <>
To: Robert Rivera <>; Robert Shepard <>; Robert Cluck <>; Lana Wolff <>; Sheri Capehart <>; Jimmy Bennett <>; Michael Glaspie <>; Charlie Parker <>; Kathryn Wilemon <>; Trey Yelverton <>; Jyl Miller <>
Cc: Liveable Arlington <>; NCTCA Group <>
Sent: Tuesday, February 24, 2015 3:09 PM
Subject: ATTN: JYL MILLER MSD14-2 Bulk Petroleum & GM /…table vote until Attny Genrl rules
JYL, please make sure this goes into public record of my opposition, thanks.
The staff report shows that Terracon themselves say “Based on assessment activities, contaminants affecting the proposed MSD site appear to originate from on-site and/or offsite sources.”
So lets try to see who is responsible and make them clean it up. No more MSD’s in Arlington! One day we will be desperate for water and will have to filter our shallow and our deep water sources. By not finding and making those responsible pay to clean it up adds to the problem for all tax payers later on to foot the bill!
Kim Feil
Liveable Arlington member
—– Forwarded Message —–
From: City of Arlington – Open Records <>
Sent: Tuesday, February 24, 2015 2:34 PM
Subject: Open Records Request :: W019629-021015


— Please respond above this line —

Ms. Feil,

Please see attached letters in connection with your open records request W019629-021015.
Feel free to contact me if you have questions.

Christina Weber
Assistant City Attorney

Screen shot 2015-02-24 at 2.56.43 PM Screen shot 2015-02-24 at 2.56.51 PM Screen shot 2015-02-24 at 2.57.16 PM

Here is my PIR request…”Regarding MSD14-2, was East Division St Partners asked by the city, state, or federal government to have the soil/ground water sampled?  I can’t imagine a company just doing it for the sake of spending money.  Did East Divison Street Partners apply & receive any Brownsfield monies to fund this Terracon study?  Obviously Terracon is the choice of companies for MSD studies and not coincidental that they were chosen to do the work.”

The plot thickens on who paid for the environmental testing….so now the test results are NOT public property, yet the city council can make decisions off of information that is not public property?
—- Forwarded Message —–
From: Christina Weber <>
To: “‘'” <>
Cc: Jyl Miller <>; Nancy McDowell <>
Sent: Friday, February 20, 2015 3:29 PM
Subject: RE: Request for CAO direction: Open Records Request :: W019629-021015 (MSD14-2)

Ms. Feil,

Jyl Miller forwarded your email to me.  The report states that it was prepared for East Division Street Partners, LP of Carlsbad, California not the City of Arlington.  You are correct that generally when the City of Arlington has a study prepared for its own use the City asks to own the rights of the documents.  However, here the records indicate that the study was prepared for East Division Street Partners, LP not the City of Arlington.

We will seek a ruling from the Attorney General on this request and notify Terracon and East Division Street Partners.  I expect this letter to go out Monday and we will send you a copy as well.

Christina Weber
Assistant City Attorney

City Attorney’s Office, City of Arlington

UPDATE on PIR…oh so the city pays for a service (ground water/soil sampling) and the results are copyright protected? WTF?….


Feil Kim
Old Town Neighborhood Association
Arlington, TX 76011

RE: Public Records Request for a copy of the MSD14-2: Terracon Solutions soil and water testing report – Community Development and Planning (CD& P) records

Dear Feil Kim,

The information responsive to your request has copyright protection. As a custodian of public records, the City of Arlington must comply with copyright laws and is not required to furnish records that are copyrighted.

If you wish to review and make copies of the materials, you must do so unassisted. In making copies, you assume the duty of compliance with copyright laws and the risk of infringement.

You may visit our office during business hours to inspect the documents. If you wish to proceed, please contact me at your convenience to set up a time for inspection.
You may also directly contact Terracon Consultants, Inc. to request a copy of the above referenced reports from the following contact information:

Terracon Consultants, Inc.
8901 John W. Carpenter Freeway, Suite 100
Dallas, TX 75247
Terracon Project No. 94137236B
(214) 630-1010 (phone)
(214) 630-7070 (fax)


Jyl Miller, Office Manager
Community Development and Planning
(817) 459-6667

Post meeting UPDATE, the Tarracon Solutions representative, who does the soil and water testing, presented the MSD case. Funny how like the gas drilling hearings, those making money from the business directly or indirectly present the cases to council. In the past I’ve seen for the drilling hearings…either the landscapers, or the engineers, or in this case the Tarracon rep gets paid to the testing, so of course they’ll present the case.

The Terracon rep was from Frisco. He was rather soft spoken and the mayor  asked him to repeat who was on that property before the current storage space owner.  I asked council to continue this hearing. That somebody needs to track down who is responsible for this mess needs to CLEAN IT UP.

As I left the council chambers after a unanimous vote, a guy grabbed me and said that he works for GM and said that the GM site is one nasty, nasty place…that I couldn’t begin to fathom how polluted that place really is. Based on the staff report* it is probably a shared mess. 

The staff report on this case is here. Read below how probably GM & Bulk Petroleum should be paying for the clean up…..

*“The MSD applicant and current property owner is StorageLand I, a General Partnership in place East Division Street Partners, LLC. The properties have historical uses (prior to 1985) including bulk petroleum, chemical, and automotive accessory storage. A public drinking water supply system exists that satisfies the requirements of Texas Health and Safety Code Chapter 341. The City of Arlington’s public water supply system meets the Texas Commission on Environmental Quality’s (TCEQ) requirement to supply or be capable of supplying drinking water to the above referenced proposed MSD properties and all properties within one-half mile. This requirement does not include those properties located outside the city limits. Groundwater at the proposed MSD site has been affected by chemicals of concern (COCs) at concentrations exceeding TCEQ Texas Risk Reduction Program (TRRP) Action Levels. COCs detected in the designated groundwater included

tetrachloroethene (PCE),

trichloroethene (TCE),

cis-1, 2-dichloroethene (cis-1,2-DCE),

trans-1,2-dichloroethene (trans-1,2-DCE),

vinyl chloride (VC), and

methyl tert-butyl ether (MTBE).

Based on assessment activities, contaminants affecting the proposed MSD site appear to originate from on-site and/or offsite sources.

Terracon reviewed the available groundwater analytical data and based on their submitted application, it is likely that COCs detected in the groundwater at the proposed MSD site also exceed assessment levels off-site. Assessment activities to evaluate the extent of the detected COCs in groundwater on- and off-site at the proposed MSD site have not been conducted. On-site groundwater monitor wells were installed to a maximum depth of 23 feet below ground surface (bgs); thus, the vertical extent of the affected groundwater is unknown. Based on the characteristics of the site, it is anticipated that the vertical extent of impacted groundwater is restricted to the upper 50 feet of shallow groundwater beneath the site. With approval of MSD14-2, the designated groundwater under these properties will be prohibited from use as a potable water source.”

I did a quick query and found some cases where GM is accused of being a not so nice neighbor to our environment check it out…

end update

Tonight Arlington City Council will forever forgive known groundwater contamination (from Brownsfields clean up) with the blessings of the TCEQ.  They’ve been granting MSD’s by old gasoline stations and please note that drill sites are now on the WATCH “list“….

“identifies a past use that had the potential to cause contamination or

it is making available to the public an

environmental assessment report that the

City conducted (by Terracon Solutions) on the site.”

The agenda item is MSD14-2.  Geneal Motors is 1200-1500 feet of the proposed MSD address…Terracon Solutions probably has the plume mapped and can provide insight on its origination!

Screen shot 2015-02-10 at 12.53.55 PMScreen shot 2015-02-10 at 12.56.06 PMAre we really that ignorant of a species to let those like GM that if found guilty can at least afford to clean up their own messes rather than go scott free?…even when the government hands us out the money/grants to clean some of it up?

In the past I petitioned the FBI to investigate our City Council in this matter because this is criminal for our leaders to forgive environmental clean up in my book.

Here is what the city of Arlington says about the assessment funds the government gave them.

Here is where I covered other MSD info in Arlington and Pantego…..

Here is my letter asking them NOT to approve this tonight….

—– Forwarded Message —–
From: kim feil <>
To: Robert Cluck <>; Robert Rivera <>; Robert Shepard <>; Charlie Parker <>; Michael Glaspie <>; Jimmy Bennett <>; Lana Wolff <>; Sheri Capehart <>; Kathryn Wilemon <>; Trey Yelverton <>; Don Crowson <>; Susan Schrock <>; “” <>; Cynthia Simmons <>; Buzz Pishkur <>; Bridgett White <>; “” <>; Jim Parajon <>; Tony Rutigliano <>; “” <>; Cindy Powell <>; Collin Gregory <>; Brett Shipp <>; Stuart Young <>; Roger Venables <>; “” <>
Sent: Tuesday, February 10, 2015 1:37 PM
Subject: Tonights MSD14-2 find GM at fault and make them clean it up
Arlington City Council I am asking you to NOT approve MSD14-2.
Here are the details….General Motors is within 1200-1500 feet of GM the contaminated ground water. It doesn’t take a rocket scientist to know who did it.

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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