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).
Waukesha-Pearce Industries, LLC Application: Waukesha-Pearce Industries, LLC is seeking a Municipal Setting Designation (MSD) for 31.4541 acres of land located at 825 South Loop West, Houston, TX 77054. The site was developed in the 1960s as an oil-field service/fabrication facility until 1975 when it began use for design and fabrication of custom tools. By 1993 Waukesha-Pearce Industries acquired the site and utilized it for the fabrication of compressors. The contamination consists of 1,2-dichlorobenzene, 1,1-dichloroethylene, cis-1,2-dichloroethylene, tetrachloroethylene, trichloroethylene and vinyl chloride. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
Waukesha-Pearce Industries, LLC 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, 2021 via Microsoft Teams and a public hearing was held on January 11, 2022 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 Waukesha-Pearce Industries, LLC site located at 825 South Loop West, Houston, TX 77054, 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