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).
GAG Reddy Family Ltd. Partnership, L.P. Application: GAG Reddy Family Ltd. Partnership, L.P. is seeking a Municipal Setting Designation (MSD) for 12.3211 acres of land located at 9417 S. Main Street, Houston, TX 77025. The site is a multi-tenant strip-shopping center. The source of the plume originated from a former dry cleaner. The dry cleaner has not been present since the 1980s. The contamination consists of tetrachloroethene, trichloroethene, cis-1,2-dichloroethene, trans-1,2-dichloroethene, 1,1-dichloroethene and vinyl chloride. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
GAG Reddy Family Ltd. Partnership, L.P. 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 November 4, 2020 via Microsoft Teams, and a public hearing was held on November 12, 2020 during the Regulatory 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 GAG Reddy Family Ltd. Partnership, L.P. site located at 9417 S. Main Street, Houston, TX 77025, 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