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File #: 16-5817    Version: 1 Name: MSD Resolution Request for the City of Irving
Type: Resolution Status: Adopted
File created: 6/29/2016 In control: Environmental Services
On agenda: 7/12/2016 Final action: 7/12/2016
Title: Resolution supporting a Municipal Setting Designation for a site located at 439 and 501 W. 2nd Street, 416 W. Irving Blvd. and 127 and 129 O’Connor Road in Irving, Texas
Attachments: 1. City of Irving MSD Request Attachmentsl.pdf

From

Cindy Mendez, Environmental Quality Manager

 

Title

Resolution supporting a Municipal Setting Designation for a site located at 439 and 501 W. 2nd Street, 416 W. Irving Blvd. and 127 and 129 O’Connor Road in Irving, Texas

 

Presenter

Jim Cummings, Environmental Services Director

 

Recommended Action

Approve a resolution supporting the creation of a Municipal Setting Designation for a site located at 439 and 501 W. 2nd Street, 416 W. Irving Blvd. and 127 and 129 O’Connor Road

 

Analysis

A state application for a municipal setting designation (MSD), prohibiting the use of groundwater, is being processed for the property located at 439 and 501 W. 2nd Street, 416 W. Irving Blvd. and 127 and 129 O’Connor Road,  Irving, Texas.  The applicant is the City of Irving.

 

The MSD process provides a procedure to receive state environmental closure on a property with contaminated shallow groundwater.  In this particular situation, trichloroethylene (TCE) and tetrachloroethylene, also known as PCE, possibly from two former transmission shops.  The site is currently vacant.

 

In addition to approval by the Irving City Council, granted on March 31, 2016 (Council Ordinance No. 2016-9789), the applicant needs resolutions of support from all registered public water utilities within 5 miles of the applicants site.  Four (4) of the City of Grand Prairie’s drinking water wells are within the 5 mile radius of the site, thus triggering the requirement for a resolution of support from the City Council.  Public Works and Environmental Services staffs have reviewed the applicant’s information and have determined that no threat exists to the city’s water wells.  Approval of the resolution is recommended.

 

Financial Consideration

No impact upon the City of Grand Prairie.

 

Body

A RESOLUTION IN SUPPORT OF THE CITY OF IRVING TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 439 and 501 W. 2nd STREET, 416 W. IRVING BLVD. and 127 and 129 O'CONNOR ROAD in the City of IRVING, TEXAS.

 

 

Whereas,                      Chapter 361, Subchapter W, of the Texas Solid Waste Disposal Act authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal Setting Designations for properties upon receipt and approval of a properly submitted application to TCEQ; and

 

Whereas,                      as a part of the application to TCEQ for a Municipal Setting Designation for a site, the applicant is required to provide documentation that the application is supported by: (1) the city council of the municipality in which the site is located, (2) the city council of each municipality with a boundary located not more than one-half mile from the site, (3) the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the site, and (4) the governing body of each municipal or retail public utility, as defined by Section 13.002, Texas Water Code, that owns or operates a groundwater supply well located not more than five miles from the site; and

 

Whereas,                      the property owners will file an application with the TCEQ for the issuance of a Municipal Setting Designation for the property located at 439 and 501 W. 2nd Street, 416 W. Irving Blvd. and 127 and 129 O’Connor Road, Irving, Texas; and

 

Whereas,  the MSD Site is within 5 miles of four groundwater supply wells that are operated by the City of Grand Prairie, Texas; and

 

Whereas,  following the issuance of a MSD ordinance by the City of  Irving and each additional municipality and retail public utility for which approval is required, the property owner will submit to TCEQ an application for certification of a Municipal Setting Designation for the MSD Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W.

 

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of GRAND PRAIRIE, Texas that:

 

Section 1. The City of Grand Prairie supports the application of the City of Irving to the TCEQ for certification of a Municipal Setting Designation for the MSD Site.

 

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE  12TH DAY OF JULY, 2016.