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Conduct a public hearing and consider adopting Ordinance No. 3702 Prohibiting the Use of and the Contact with Designated Groundwater Beneath 9+998 acres of land located in the Francis Miller Survey, Abstract No. 926 and the William Pulliam Survey, Abstract No. 1171, Farmers Branch, Texas located at 2019 Valley View Lane to Facilitate Certification of a Municipal Settings Designation (MSD) by the Texas Commission on Environmental Quality; and take appropriate action
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BACKGROUND:
An MSD is an official designation given to property where the underlying groundwater is contaminated in excess of the applicable potable water protective concentrations and the property is located 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 the groundwater underlying the designated property(ies) will be prohibited for use as potable water if an MSD application is certified, there must be an alternative source of potable water for the properties. To meet the conditions of a MSD, a municipality prohibits the use of the contaminated underlying aquifer by adoption 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.
DISCUSSION:
The MSD applicant purchased the Designated Property, 2019 Valley View Lane, in 2017. During the property acquisition, the applicant discovered the soil and underlying groundwater in the uppermost aquifer were contaminated. The groundwater is contaminated with trichloroethylene and tetrachloroethylene. The applicant has entered the TCEQ Innocent Owner/Operator program to remediate the property. As part of the remediate effort, Cozobel, LLC submitted an application to the City seeking an ordinance from City Council for the MSD application to the Texas Commission on Environmental Qual...
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