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Shawn Napier <br />From: <br />Ferbend, Bob [bferbend@weaverboos.com] <br />Sent: <br />Friday, October 23, 2009 2:58 PM <br />To: <br />Shawn Napier; Shane Grissom <br />Subject: <br />Municipal Setting Designation <br />Attachments: <br />TCEQ MSD City Guidance.pdf <br />Attached is a TCEQ guide for cities regarding municipal setting designations (MSDs). <br />There is nothing in the rules that I am aware of which prohibits a landfill and adjacent area MSD. <br />According to the TCEQ MSD database, a landfill property has not been designated yet. <br />Usually, the MSDs are former gas stations, dry cleaners, etc. - all with a city's limits or ETJ. <br />Possible course of action: <br />1. Complete 5-mile radius water well search. My initial scan of the Water Development Board GIS database for <br />water wells look promising. <br />2. Obtain completed MSD case files from other cities for background/template information. <br />3. Send Mr. Avakian a letter of intent to pursue an MSD for Stillhouse and adjacent properties on all sides. He <br />will huddle with his associates at TCEQ to determine if this is possible or a regulatory means to block this type <br />of closure exists. <br />4. If Arten/TCEQ offer no initial resistance, then: <br />5. Start efforts to educate council and obtain letter indicating council's willingness to proceed with MSD. We <br />may need a couple of ineetings on this item. <br />6. Obtain letter from local water distribution provider indicating they have no objections to MSD and their water <br />services are present or available to owners of future MSD affected properties. <br />7. Submit MSD application to TCEQ. <br />8. Complete public notice activities to affected properties and any registered water well owners within 5 mile <br />radius of MSD area. <br />9. Wait 60 days for public response. <br />10. Based on public response, possibly conduct a TCEQ-attended meeting to attempt to mitigate concerns. <br />11. Pass MSD ordinance that prohibits groundwater wells within the MSD area. <br />12. Request TCEQ MSW issue site closure. <br />Potentialty, TCEQ may require the extent of off-site contamination. <br />I would anticipate no further groundwater monitoring or remediation after the MSD is passed. <br />E..,Ec st 6, 1 ~.6. ;'trJr;! f~yt.l oc~f_ ei!. <br />Weaver Boos Consultants <br />6420 Southwest Blvd. I Suite 206 ( Fort Worth, TX 76109 <br />t. 817-735-9770 1 f. 817-735-9775 1 m. 817-907-8529 <br />www.weaverboos.com I bferbend@weaverboos.com <br />IMPORTANT NOTICE: The information contained in this email message (including any attachments) may be confidential, privileged or both, and is intended <br />exclusively for the addressee(s) intended by the sender. If it appears you have received this email message in error, please notify the sender immediately and <br />then delete; any other use of this email message is prohibited. Thank you. <br />1~~ <br />