Title
Consider/Discuss/Act on an Ordinance Supporting a Municipal Setting Designation (MSD) Certification as Requested by the Le Grand Retail Center Property Owner to Prohibit All Use of the Groundwater Beneath the Property Located at 4550 Eldorado
Summary
COUNCIL GOAL: Operational Excellence
Enhance the Quality of Life in McKinney
(5E: Maximize partnerships between the City of McKinney and private industry)
MEETING DATE: August 18, 2020
DEPARTMENT: Development Services / Engineering
CONTACT: Kyle Odom, Environmental Engineering Manager
Amesha Morris, Stormwater Administrator
RECOMMENDED CITY COUNCIL ACTION:
• Approval of Ordinance
ITEM SUMMARY:
• This Ordinance demonstrates support of a Municipal Setting Designation (MSD) certification by the City of McKinney for a property as shown on the attached agenda item locator map at 4550 Eldorado.
• An ordinance is required in order to support a Texas Commission on Environmental Quality (TCEQ) certified MSD, prohibiting all use of the property’s underlying groundwater.
BACKGROUND INFORMATION:
• Due to groundwater contamination identified through an Environmental Site Assessment (ESA), NOKHI Investments, Inc. is seeking an MSD for this site.
• The ESA identified dry-cleaning solvents tetrachloroethene and tricholoroethene as contaminants of concern, relating to the dry-cleaners operating at this address.
• The Le Grand dry-cleaner operator ceased use of these chemicals in 2017.
• HB 3152 created the opportunity for tracts of land to be classified with a “Municipal Setting Designation” by the Texas Commission on Environmental Quality (TCEQ) and the local governing body when faced with groundwater investigations and response action requirements.
• MSDs are intended to protect public health by prohibiting use of groundwater within the parcel seeking MSD certification.
• The MSD ordinance will require the applicant to file a deed restriction, prohibiting the use of groundwater associated with the specific site for any potable purpose; thereby eliminating the need for expensive and time-consuming groundwater remediation as typically required by State regulations.
• 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 ordinance restricting the use of groundwater at the MSD property, or a resolution supporting the filing of a restrictive covenant prohibiting the same.
• Four MSD ordinances have been previously approved within city limits, and no issues have arisen due to the designations.
• 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.
• The MSD does not relinquish 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.
• Without providing support to this or future appropriate MSD applications, development or transfer of those properties may be extremely 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
SUPPORTING MATERIALS:
• Ordinance
• City Agenda Item Locator Map