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).
Southwestern Bell Telephone Company Application:
Southwestern Bell Telephone Company is seeking a Municipal Setting Designation (MSD) for 6.304 acres of land located at 3303 Weslayan Street, Houston, TX 77027. The contamination consists of 1,1-dichloroethene, 1,2-dichloroethane and 1,4-dioxane. The property was initially occupied by Erecto Metallurgist in 1961. Union Carbide and Linde Carbide utilized the site from 1961 to 1969. In 1970, the property was purchased by Southwestern Bell Telephone Company. The onsite building was converted from commercial use to residential spaces in 1972. A gasoline underground storage tank was removed in 1995. The onsite building was demolished and developed as a parking lot in 2001. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
Southwestern Bell Telephone Company 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 July 26, 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 Southwestern Bell Telephone Company site located at 3303 Weslayan Street, Houston, TX 77027, 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