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).
Daikin Comfort Technologies Manufacturing, L.P. (Formerly Goodman Manufacturing Company, L.P.) Application: Daikin Comfort Technologies Manufacturing, L.P. (Formerly Goodman Manufacturing Company, L.P.) is seeking an MSD for 15.174 acres of land located at 1501 Seamist Drive, Houston, TX 77008. The site was developed for single family residential use since at least 1938, and the residence had been razed as of 1953. The site was developed with a warehousing/distribution facility and rail spur in 1967. Daikin Comfort Technologies Manufacturing, L.P. (Formerly Goodman Manufacturing Company, L.P.), an air conditioning and heating system manufacturer, occupied the site since at least 1986. The site has been used for various industrial uses over the past 30 years. The contamination consists of arsenic,1,1-dichloroethylene, tetrachloroethylene and methylene chloride. A licensed Professional Engineer has certified that the area of contamination has been thoroughly investigated, is fully defined and is stable.
Daikin Comfort Technologies Manufacturing, L.P. (Formerly Goodman Manufacturing Company, 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 15, 2022, via Microsoft Teams, and a public hearing was held on December 13, 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 an MSD ordinance prohibiting the use of designated groundwater at the Daikin Comfort Technologies Manufacturing, L.P. (Formerly Goodman Manufacturing Company, L.P.) site located at 1501 Seamist Drive, Houston, TX 77008 and support an issuance of an MSD by the TCEQ.
__________________
Carol Ellinger Haddock, P.E., Director
Houston Public Works