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).
Cobb Interest Inc. Application: Cobb Interest Inc. is seeking an MSD for 0.412 acres of land located at 1733 Wirt Road, Houston, TX 77055. The designated property was developed as a dry cleaner in the mid-1960’s and operated as various dry cleaners, including Sav-On Cleaners, Martins One Hour Cleaners/1 Hour Martins Laundry, Your Valet Cleaners & Laundry, and Cobbs/Cobbs Specialty Cleaners, until the facility was vacated in 2020. The contamination consists of chlorinated solvents, specifically tetrachloroethene, trichloroethene, cis-1,2-dichloroethene, trans-1,2-dichloroethene, and vinyl chloride. Petroleum product impact was also identified in the subsurface soil and groundwater but is attributed to an offsite gasoline station. The property owner has received a release of liability from TCEQ for the petroleum product impact under IOP #1124. A licensed Professional Engineer has certified that the area of contamination has been thoroughly investigated, is fully defined and is stable.
Cobb Interest, 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 supply drinking water to the MSD property and all properties within one-half mile of the MSD property. A public meeting was held on August 5, 2024, via Microsoft Teams, and a public hearing was held on September 9, 2024, during the Quality-of-Life Council Committee meeting. 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 Cobb Interest, Inc. site located at 1733 Wirt Road, Houston, TX 77055 and support an issuance of an MSD by the TCEQ.
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Randall V. Macchi, Chief Operating Officer
Houston Public Works