File #: 3226    Version: 1 Name: Public Hearing for MSD
Type: Public Hearing Status: Public Hearing/Individual Consideration
File created: 4/12/2017 In control: City Council
On agenda: 4/18/2017 Final action:
Title: Hold A Public Hearing For A Municipal Setting Designation Ordinance For Downtown Carrollton.
Attachments: 1. Downtown MSD Map.pdf, 2. Exhibit A Proposed MSD Legal Description.pdf, 3. MSD Downtown Carrollton Ordinance.pdf
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CC MEETING: April 18, 2017

DATE: April 11, 2017

TO: Erin Rinehart, City Manager

FROM: Scott Hudson, Environmental Services Director

Title
Hold A Public Hearing For A Municipal Setting Designation Ordinance For Downtown Carrollton.

Body
BACKGROUND:
This agenda item is a public hearing for the approval of a municipal setting designation ordinance prohibiting the use of the designated groundwater from beneath the designated property generally located in downtown Carrollton and granting support to the city's request for a Municipal Setting Designation (MSD) certification from the Texas Commission on Environmental Quality (TCEQ).

An MSD is an official state designation given to a property certifying that the groundwater beneath the designated property is not used as potable water and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable-water protective concentration levels set forth by the TCEQ. The purpose of the MSD law is to provide an alternative pathway for regulatory closure for contaminated properties where the groundwater is not being used as the potable water supply. An MSD can be a significant economic development tool. A requirement for a successful MSD certification from the state is an MSD ordinance from the city having territorial jurisdiction over the designated property. The city ordinance must prohibit the use of the groundwater from beneath the designated property as potable water and must express support for the MSD application.

The designated property is located in the downtown area of Carrollton and covers an area of approximate 220 acres. It is roughly bounded on the north by Hutton Branch Creek, on the east by Erie Street and the DART Green Line, on the south by Crosby Road and on the west by Upfield Drive. The designated shallow aquifer is within 50 feet of the surface.

The city retained an environmental consulting firm to conduct necessary research, provide ...

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