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).
BG12 Braeswood, Stella LLC, & Stella Link Holdings LLC Application: BG12 Braeswood, Stella LLC, and Stella Link Holdings LLC is seeking a Municipal Setting Designation (MSD) for 9.7347 acres of land located at 8616-8736 Stella Link Road; 4009-4035 S. Braeswood Boulevard, Houston, TX 77025. The contamination consists of C6-C12 total petroleum hydrocarbons, cis-1,2-dichloroethene, tetrachloroethene, trichloroethene, and vinyl chloride. From 1965 to 1996 a former dry cleaner was located onsite at the northwest corner of the shopping center (4027 S. Braeswood). In 2003 the equipment associated with the dry cleaner was removed from the subject property. From 1968 to 1986 a dry cleaner operated at the east adjacent shopping center (8725 Stella Link Road). The subject property entered the Voluntary Cleanup Program in 2020. A licensed Professional Engineer has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
BG12 Braeswood, Stella LLC, and Stella Link Holdings LLC are 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 August 12, 2021 via Microsoft Teams and a public hearing was held on October 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 BG12 Braeswood, Stella LLC, and Stella Link Holdings LLC site located at 8616-8736 Stella Link Road; 4009-4035 S. Braeswood Boulevard, 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