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).
Sawyer Edwards, Ltd. Application:
Sawyer Edwards, Ltd. is seeking a Municipal Setting Designation (MSD) for 6.2742 acres of land located at 2102-2314 Edwards Street, Houston, TX 77007. The contamination consists of trichloroethylene, 1,2-dichloroethane, cis-1,2-dichloroethene, 1,1-dichloroethene, trans-1,2-dichloroethene, vinyl chloride and arsenic. The designated property was located within the boundaries of a former Southern Pacific Railroad yard from the 1920s to 1950s. The current warehouse building was constructed in the early 1960s and has largely been used by storage and distribution companies. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
Sawyer Edwards, Ltd. 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 June 19, 2018 at the Houston Permitting Center, and a public hearing was held on August 16, 2018 during the Regulation and Neighborhood Affairs 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 Sawyer Edwards, Ltd. site located at 2102-2314 Edwards Street, Houston, TX 77007, 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