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).
Univar USA Inc. Application: Univar USA Inc. is seeking a Municipal Setting Designation (MSD) for 5.035 acres of land located at 8425 Market Street, Houston, TX 77029. ChemCentral Corporation operated a chemical blending facility from the late 1940s through 2005 when operations and equipment were decommissioned. The site remained vacant until 2007 when Univar Solutions acquired the property through its acquisition of ChemCentral. Current operations include warehousing and international shipments of drilling equipment. The contamination consists of 1,1,1-trichloroethene, 1,1,2-trichloroethane, 1,1-dichloroethene, 1,2-dichloroethane, 2-butanone, 2-hexanone, 4-methyl-2-pentanone, acetone, benzene, chlorobenzene, chloroform, cis-1,2-dichloroethene, methylene chloride, tetrachloroethene, toluene, trans-1,2-dichloroethene, trichloroethene, vinyl chloride and total petroleum hydrocarbons C65-C12 and C12-28. A licensed Professional Geologist has certified that the area of contamination has been thoroughly investigated, is fully delineated and is stable.
Univar USA 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 October 26, 2020 via Microsoft Teams and a public hearing was held on February 9, 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 Univar USA Inc. site located at 8425 Market Street, Houston, TX 77029, 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