From
Cindy Mendez, Environmental Quality Manager
Title
Resolution of support for a Municipal Setting Designation (MSD) at 401 E. Division Street and 305 N. East Street in Arlington, Texas
Presenter
Jim Cummings, Environmental Services Director
Recommended Action
Approve
Analysis
A state application for a municipal setting designation (MSD), prohibiting the use of groundwater, is being processed for the property located at 401 E. Division Street and 305 North East Street ("Designated Property") in the City of Arlington.
The MSD process provides a procedure to receive state environmental closure on a property with contaminated shallow groundwater. In this particular situation, benzene, ethylbenzene, 1,2,4-trimethylbenzene, arsenic, and lead have been detected in the shallow groundwater below the MSD site. This MSD site formerly had multiple gas stations and automotive service type activities.
In addition to approval by the Arlington City Council, granted on August 10, 2012 and subsequently on August 13, 2012, the applicant needs resolutions of support from all registered public water utilities within 5 miles of the applicants site. Two (2) 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 staff has reviewed the applicant's information and have determined that no threat exists to the city's water wells.
Financial Consideration
No financial impact
Body
A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, IN SUPPORT OF WILKERSON, INC. TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 401 E DIVISION STREET AND 305 NORTH EAST STREET ("Designated Property") in the City of ARLINGTON, 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 401 E. Division Street and 305 North East Street ("Designated Property") in Arlington, Texas; and
Whereas, the MSD Site is within 5 miles of two 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 Arlington 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 Wilkerson, Inc. to the TCEQ for certification of a Municipal Setting Designation for the MSD Site at 401 E. Division Street and 305 North East Street, Arlington, Texas.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 6TH DAY OF NOVEMBER, 2012.