BACKGROUND: In 2003, the Texas Legislature authorized the creation of Municipal Setting Designations (MSD), which designates 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. As part of the application to the TCEQ for an MSD designation, applicants are required to provide documentation that the application is supported by the following:
- Each municipality with a boundary located within one-half mile from the site;
- Each municipality that owns or operates a groundwater supply well within five miles from the site;
- Each retail public utility, as defined by Section 13.002, Texas Water Code, that owns or operates a groundwater supply well within five miles from the site; as well as
- The municipality in which the site is located.
KELLOGG BROWN & ROOT, LLC located at 900 GEMINI AVENUE, WEBSTER, TEXAS: Kellogg Brown & Root, LLC will file an application with the TCEQ for certification of an MSD for the property located at 900 Gemini, Webster, TX 77058. The TCEQ requires a resolution of support from the City of Houston in order to process their application because:
- The site is located within five miles of a state registered ground water supply well owned and operated by the City of Houston.
Following the issuance of the MSD ordinance by the City of Webster and a resolution from each of the adjacent municipalities and retail public utilities, the applicant will submit their application to the TCEQ for certification of an MSD for the site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W.
RECOMMENDATIONS: Adopt a resolution supporting the certification of a Municipal Setting Designation (MSD) for Kellogg Brown & Root, LLC for the site located at 900 Gemini Avenue, Webster, TX 77058.
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Dale A. Rudick, P.E.
Department of Public Works & Engineering