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 a...
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