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).
2ML Real Estate Interests, Inc. Application: 2ML Real Estate Interests, Inc. is seeking a Municipal Setting Designation (MSD) for 33.963 acres of land located at 3131 Holcombe, Houston, TX 77021. Historical site operations related to the service garage used halogenated solvent (tetrachloroethylene) and non-halogenated solvents (cresols) that were stored near the southeast portion of the site. The site also operated eight steel underground storage tanks (USTs) that were installed in 1966 and removed from the ground in 1993. The contamination consists of total petroleum hydrocarbons, benzene, toluene, ethylbenzene, 1,2,4-trimethylbenze, 1,3,5-trimethylbenzene, naphthalene, 1,1-dichloroethene, methylene chloride and arsenic. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
2ML Real Estate Interests, Inc. 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 December 2, 2020 via Microsoft Teams and a public hearing was held on January 12, 2021 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 2ML Real Estate Interests, Inc. site located at 3131 Holcombe, Houston, TX 77021, 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