Title
Ordinance - Public Hearing and Consideration of an Ordinance Prohibiting the Use of and Contact with Groundwater from Beneath Certain Property and Facilitating Certification of a Municipal Setting Designation by the Texas Commission on Environmental Quality
Requested Action
Consider the Ordinance prohibiting groundwater use at the defined site in Exhibit A.
Recommendation
Staff recommends approval of the attached Ordinance.
Description/History
Properties located around 1101 W. Broad St.and 204 S 6th Ave. are impacted by groundwater contaminated from an Industrial user who has relocated from Mansfield. This property at 1101 W. Broad St. is ripe for development and has had several opportunities over the past few years, and has been hindered due to the groundwater remediation required.
The Municipal Setting Designation (MSD) was established in 2003 by the 78th Texas Legislature. The MSD provides an alternative to addressing the groundwater contamination at these properties. An MSD can be approved through the adoption of an ordinance by the City prohibiting groundwater for potable use on this property and an application with approval through the Texas Commission on Environmental Quality (TCEQ).
Justification
One of TCEQ's requirements for approval of an MSD is a Retail Public Utility (RPU) is available to serve potable water needs for the property. In this case, the City is the owner of the RPU that will supply this property's potable water needs.
The MSD applicant is Bower Investments, 204 S. 6th Ave. As the property owner in a TCEQ voluntary compliance program, TCEQ and City staff recognize that Bower Investments is the appropriate applicant for the MSD. The applicant has completed the required public notice for all property owners within the required distances of the property. The letter of public notice is attached and describes the specifics of the groundwater contamination. The applicant is utilizing Weston Solutions Inc., an environmental...
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