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Consider adopting Ordinance No. 3707, amending and restating Chapter 34 "Environment" Article XII "Municipal Setting Designations" of the Farmers Branch Code of Ordinances relating to the application for and approval of Municipal Setting Designations Ordinances to prohibit the use of groundwater in areas designated as contaminated in accordance with the State law; and take appropriate action
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BACKGROUND:
The Municipal Setting Designations (MSD) is regulated by the Texas Commission on Environmental Quality (TCEQ). MSD provides an alternative used as a form of groundwater remediation when groundwater at a potential development location within a city has contaminants. The MSD law sets conditions for MSD properties that limit requirements for contaminated groundwater to be investigated and remediated to make the groundwater suitable for use as potable water, when that groundwater is not used for potable water and will not be used for potable water in the future. By providing this alternative way to address contaminated groundwater that will not be used as potable water, persons may be more inclined to develop and redevelop properties in municipal areas that have contaminated groundwater. TCEQ, being the main regulatory authority, receives, processes, and certifies MSD applications. TCEQ can only certify an application if there is a local city support in the form of an ordinance.
In May of 2016, the City Council approved and adopted the Municipal Setting Designations Ordinance setting forth a process by which property owners within the City of Farmers Branch corporate limits may apply to seek City approval in the form of an ordinance restricting the use of groundwater in areas designated as contaminated in accordance with the State Legislation. Since then, the City Council has approved three Municipal Setting Designations (MSD) applications.
DISCUSSION:
MSD ordinance allows applicants who own property in Farmers Branch that overlies contaminated ground...
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