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T E X A S C O M M I S S I O N O N E N V I R O N M E N T A L Q U A L I T Y <br />Municipal Setting Designations <br />A Guide for Cities GI-326 <br />August2007 <br />INTRODUCTION <br />The 78th Texas Legislature passed a Municipal <br />Setting Designations (MSDs) statute, effective <br />September 1, 2003, governing the potability of <br />groundwater and the requirements for removing <br />contaminants from groundwater. The law <br />authorized the TCEQ to receive, process, and <br />certify MSD applications for properties with <br />contaminated groundwater that are located in <br />cities or their extraterritorial jurisdiction. The <br />TCEQ can certify an application only if there is <br />local city support. The city has the choice to <br />either support or not support an MSD application. <br />Because of this need for city support, city officials <br />can expect to be contacted by persons who wish <br />to pursue state certification of an MSD. Cities <br />can also pursue MSDs for their own use. <br />The MSD law creates a new alternative to <br />persons addressing the groundwater <br />contamination they are responsible for causing, <br />as well as to persons who "volunteer" to address <br />groundwater contamination. The MSD statute <br />limits investigation and remediation requirements <br />for contaminated groundwater on MSD properties <br />when that groundwater is not used and will not be <br />used in the future for potable water. <br />This document is provided as a reference about <br />MSDs for city govemments and explains: <br />• what an MSD is, <br />• the purpose behind the law, and <br />• potential considerations when the city is <br />deciding its position on MSD certification. <br />Further information on MSDs can be accessed <br />online at <www.tceq.state.tx.us/goto/msd>. <br />You may contact the TCEQ Remediation Division <br />directly at 512-239-2200. Ask to speak with a <br />staff member knowledgeable about MSDs. <br />MSD OVERVIEW <br />An MSD is an official state designation given to <br />property within a municipality or its extraterritorial <br />jurisdiction that certifies that designated <br />groundwater at the property is not used as <br />potable water, and is prohibited from future use <br />as potable water because that groundwater is <br />contaminated in excess of the applicable potable- <br />water protective concentration level. The <br />prohibition must be in the form of a city <br />ordinance, or a restrictive covenant that is <br />enforceable by the city and filed in the property <br />records. The MSD property can be a single <br />property, multiple properties, or a portion of a <br />property. <br />Definitions: <br />Groundwater-The water present below <br />ground surface. <br />Potable Water-The statute defines potable <br />water as water that is used for drinking, <br />showering, bathing, cooking, or for irrigating <br />crops intended for human consumption. <br />Potable-Water Protective Concentration <br />Level -A maximum concentration of a <br />contaminant in groundwater that is non- <br />injurious to people using the groundwater for <br />potable purposes. Potable-water protective <br />concentration levels are specific to each <br />contaminant and are reported in units of <br />milligrams of contaminant per liter (mglL) of <br />water. <br />The TCEQ is an equal opportunity/affirmative action employec The agency dces not allow discrimination on the basis of race, color, religion, national origin, sex, disability, age, sexual <br />orientation or veteran status. <br />~ ~ l~u <br />