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Conduct a public hearing and consider adopting Ordinance No. 3456 Prohibiting the Use of and Contact with Designated Groundwater Beneath 59.49? Acres of Land Generally Located at 1880 Valley View Lane to Facilitate Certification of a Municipal Setting Designation by the Texas Commission On Environmental Quality; and take appropriate action.
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BACKGROUND:
Municipal Settings Designation (MSD) is regulated by the Texas Commission on Environmental Quality (TCEQ). MSDs can be used when groundwater at a potential development location within a city has contaminants. Groundwater is defined as water present below ground surface. TCEQ receives, processes, and certifies MSD applications. TCEQ can only certify an application if there is local city support. City Council has the option to support or not support an MSD application. In 2016 City Council approved Ordinance 3416 stipulating the application and review process for Municipal Settings Designations in Farmers Branch.
An MSD is an official designation given to property within a municipality that certifies that the designated groundwater at the property is not used as a potable water, and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable water protective concentrations. Potable water is defined as water that is used for drinking, showering, bathing, cooking purposes, or for irrigating crops intended for human consumption. Potable water protective concentrations are the maximum concentrations of a contaminant in groundwater that is protective of human health. These concentrations are specific to each contaminant. The prohibition is in the form of a city ordinance or a restrictive covenant that is enforceable by the city and filed in the property records. The MSD property can be a single property, multi-property, or a portion of property.
Because the groundwater underlying the designated property(ies) will be prohibited for ...
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