13-Resolution authorizing contract with Weaver Boos Consultants

Home Browse Search

as well as to all parties who provided comment during the 60-day comment period on the application and to anyone else who requested a copy. The TCEQ will also be available to help municipalities obtain an understanding of the MSD statute and program. The TCEQ's responsibilities subsequent to MSD certification are determined under the statute in 361.808 (Investigation and Response Action Requirements). Apptlcant considera MSD r City and RPU considers 1 beneflt and eligibillty. ~ MSD applirations and I 1 adopts procedures as ~ ~ _eeded. Appl3cant contacts city and - RPU for support. I ~ ~ csxy & nPU ~ contact with - - - - - - - - - - - - TCEQ. ~ clq• & N. RPU Do not submit MSD applicatlon. Support MSD4 Yea RPU - retail public utility Appllcant leaues required noUce lettsre, and eubmita MSD application to TCEQ. Meets eligibWty & Yee RenoWtfons No application or requirements ordinances 7 adopted4 i rCity & RPU adopt resolution & ordlnances. Appllcant aubmlis proof W TCEQ. a- aames mau TCEQ lasues MSD application and notifies certificete & notlce. ApplScmt compltee rovith enokonmental regulations, as Figure 1. MSD application process. (Dashed lines denote optional actions.) CERTIFICATION PROCESS In general, an applicant must give notice to parties identified by statute that an MSD application will be submitted to the TCEQ, and subsequently submit an MSD application for TCEQ consideration. However, as indicated in Figure 1, the process also involves city and RPU support. Note that there are actions required for the applicant, notified cities, RPUs, and the TCEQ. The TCEQ must certify, deny, or request additional information within 90 days of receiving the application. If the city anticipates local interest in applying for MSDs, and if the city is, in general, willing to support MSDs, then the city may choose to establish procedures for an appiicant to follow when seeking city support as indicated in Figure 1. For example, the City of Fort Worth has adopted procedural ordinances for MSD applicants to follow. CONSIDERATIONS IN SUPPORTING MSDs The practical outcome of an MSD is that the requirement to investigate and remediate existing contaminated groundwater for use as potable water will be lessened or eliminated. Instead of the TCEQ regulations, the public is protected through the MSD prohibition on potable-water use. The following considerations are presented to aid cities unfamiliar with MSDs that are unsure of certain factors they may need to consider. Water Resource Considerations Current and future dependence on groundwater for potable water Consider the source of your current or future potable-water supply and whether existing contaminated groundwater in the MSD area threatens a potable groundwater supply the city or its citizens rely on, or will rely on in the future. The establishment of an MSD is tantamount to authorization to remove that contaminated groundwater zone within the MSD boundary from use for potable water, indefinitely. Figures 2 anti 3 illustrate the location of the major and minor groundwater aquifers in the state. Many areas of the state rely on these aquifers for potable water. In considering whether to support MSDs, in general, if the city relies on surface water or groundwater located far from the MSD area for potable water, then the existing groundwater contamination within the city might not be a particularly important consideration. However, if the city or its citizens rely on groundwater GI-326 Page 5 / 1 s