Title
Consider/Discuss/Act on an Ordinance Supporting a Municipal Setting Designation (MSD) Certification as Requested by McKinney Junk Company (dba McKinney Metals) to Prohibit All Use of the Groundwater Beneath the Property located at 341 E. Virginia Street and an Adjacent Portion of the Dallas Area Rapid Transit (DART) Right-of-Way.
Summary
MEETING DATE: June 19, 2012
DEPARTMENT: Development Services-Engineering
CONTACT: Annita McCormick, Storm Water Specialist
Kyle Odom, Environmental Engineering Manager
RECOMMENDED CITY COUNCIL ACTION:
· Approval of the proposed ordinance.
ITEM SUMMARY:
· This Ordinance demonstrates support of a Municipal Setting Designation (MSD) certification by the City of McKinney for the property located at 341 E. Virginia Street and an adjacent portion of the Dallas Area Rapid Transit (DART) right-of-way. This ordinance will support a Texas Commission on Environmental Quality (TCEQ) certified MSD that prohibits all use of the property's underlying groundwater.
BACKGROUND INFORMATION:
· An Environmental Site Assessment of the tract identified the presence of contaminates of concern at levels requiring further action.
· Due to potential groundwater contamination, McKinney Junk Company (dba McKinney Metals) is seeking an MSD for this site.
· MSD certification is a requirement for site closure activities currently being implemented through the TCEQ.
· The applicant received a request from DART to include the necessary adjacent portion of the DART owned right-of-way as part of the MSD.
· HB 3152 (78th Texas Legislature) created the opportunity for tracts of land to be classified with a "Municipal Setting Designation" by the TCEQ and the local governing body when faced with groundwater investigations and response action requirements.
· The MSD ordinance will require the applicant to file a deed restriction, prohibiting the use of groundwater associated with the specific site for any purpose.
· An MSD is appropriate only at locations currently served by a public water supply and where there are no existing or proposed groundwater wells.
· The TCEQ will not certify an MSD without municipal support via an ordinance prohibiting the use of groundwater at the MSD property, or a resolution supporting the filing of a restrictive covenant prohibiting the same.
· Upon certification of an MSD, the property is still subject to Texas Health and Safety Code §361.808 pertaining to solid waste, hazardous waste, public safety and the environment.
· Further, the MSD does not eliminate any requirements that may be enforced by the State concerning non-consumptive use/effects of contaminated groundwater.
SPECIAL CONSIDERATIONS:
· Other municipalities in the region have various MSD ordinances, including Dallas and Fort Worth.
· In recent years, the City of McKinney has supported MSD applications for QuikTrip and Kone Inc.
· Without continued support to this or future appropriate MSD applications, redevelopment or transfer of ownership of these properties becomes more difficult.
· This ordinance may be repealed if TCEQ denies the MSD application for any reason.
FINANCIAL SUMMARY:
· All expenses associated with the MSD application or costs associated with any potential State required remediation will be borne solely by the MSD applicant.
BOARD OR COMMISSION RECOMMENDATION:
· N/A