13-Resolution authorizing contract with Weaver Boos Consultants

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BACKGROUND AND PURPOSE The purpose of the MSD law is to provide a less expensive and faster alternative to the existing state environmental regulations governing the investigation and cleanup of contaminated groundwater. The statute substitutes a municipal ordinance or restrictive covenant for TCEQ regulations to protect the public against exposure to contaminated groundwater. In many cities, some of the chemicals spilied onto the ground by commercial or industrial activities have seeped through the soil and into groundwater. Because groundwater is frequently a source of potable water for people, the state regulations typically require the investigation and remediation of the contaminated groundwater to support potable water use. In almost every case, potable water use of groundwater is the strictest standard the state uses to regulate the cleanup of contaminated groundwater. In some ciry locations, however, no one is using groundwater as potable water in the vicinity of the contaminated groundwater zone, and there is no plan to use that groundwater as potable water in the future because another source of water is available. For such instances, the MSD statute provides an alternative that overrides standard TCEQ regulatory requirements. Instead of restoring or controlling the contaminated zone so iYs groundwater can be used as potable water, a prohibition is placed on the designated groundwater beneath the MSD property to prevent its use as potable water. However, if there is a potable-use water well within one-half mile of the MSD property boundary, then the extent of any groundwater contamination beyond that boundary does have to be determined and the water remediated in accordance with the statute. If there is no such well, then the contamination will not be assessed or remediated for potable purposes, but assessment could be required for other purposes Because people or animals, fish, and plants (ecological receptors) may be exposed to the contamination in other ways, the law still allows the TCEQ to require the contamination to be investigated and remediated for other concerns unrelated to potable-water use. For example, the inhalation of vapors originating from the groundwater contaminants or the discharge of groundwater contaminants to lakes or streams can be a concem. G I-326 By offering this alternative to address the problem of contaminated groundwater that will not be used as potable water, persons may be more inclined to develop and redevelop properties in municipal areas that have contaminated groundwater. AUTHORITY TO ESTABLISH AN MSD The 78th Texas Legislature passed HB 3152, and subsequently that legislation was codified in the Texas Solid Waste Disposal Act (Texas Heaith and Safety Code 361.801-08). The legislation provided new authority for cities to support MSDs (see Local Government Code 211.003[a], 212.003[a], and 401.005). The THSC was subsequently modified by HB 2018, 80th Legislature. The statutes can be down- loaded from <www.tceq.state.tx.us/goto/msd>. ELIGIBILITY CRITERIA The statute specifies two eligibility requirements: • The proposed MSD property must be within the corporate limits or extraterritorial jurisdiction of a municipality authorized by statute. • There must be a public 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 properry. ALLOWABLE APPLICANTS Any of the following "persons" (as defined in THSC 361.003[23]) can apply for an MSD: • an individual • a corporation • an organization • a government (including a local government) or governmental subdivision or agency • a business trust, partnership, association, or any other legal entity This means that cities can also apply for an MSD. An MSD can be used to address groundwater contamination the applicant is responsible for, or for any other property where there is groundwater contamination, provided the eligibility criteria are met. Page 2 ~ - 1.~