In 2003, the Texas Legislature authorized the creation of Municipal Setting Designations (MSD), which designate an area in which the use of contaminated groundwater is prohibited for use as potable water. The law is administered by the Texas Commission on Environmental Quality (TCEQ) and requires local City support to designate an MSD. The intent of the legislation is to encourage redevelopment of vacant or abandoned properties while protecting public health. On August 22, 2007, City Council approved an ordinance amending Chapter 47 of the Code of Ordinances by adding Article XIII relating to groundwater, which provides a process to support or not support an MSD application to the State (ordinance amended 7/14/2010).
L-K Industries Application:
L-K Industries is seeking a Municipal Setting Designation (MSD) for 2.8567 acres of land located at 6952 Lawndale St., Houston, TX 77023. The contamination consists of Tetrachloroethene, Trichloroethene; cis-1,2-Dichloroethene, Trans-1,2-dichloroethene, 1,1-Dichloroethene, 1,1,2-Trichloroethane and Vinyl chloride. L-K Industries began operations in the 1960s manufacturing centrifuges for oil testing. Historically Trichloroethene (TCE) was used in a vapor degreaser as part of the manufacturing process. The site was enrolled in the Voluntary Cleanup Program in 2015. TCE was discontinued in all on site processes in January 2016. L-K Industries continues to operate on site. The area of affected groundwater is stable and was the result of historic releases. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
L-K Industries is seeking an MSD for this property to restrict access to groundwater to protect the public against possible exposure to the contaminants. There is a public drinking water supply system that meets state requirements that supplies or is capable of supplying drinking water to the MSD property and all properties within one-half mile of the MSD property. A public meeting was held on April 26, 2018 at the Magnolia Multi-Service Center, and a public hearing was held on May 29, 2018 during the Transportation, Technology, and Infrastructure Council Committee. Both meetings are necessary steps prior to City Council’s consideration of support.
Recommendations:
It is recommended that City Council adopt a Municipal Setting Designation (MSD) ordinance prohibiting the use of designated groundwater at the L-K Industries site located at 6952 Lawndale St., Houston, TX 77023, and support issuance of an MSD by the Texas Commission on Environmental Quality.
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Carol Ellinger Haddock, P.E.
Director
Houston Public Works