13-Resolution authorizing contract with Weaver Boos Consultants

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The City Goals Depending on the city' goals, MSDs might be an important altemative to removing contaminants from all groundwater. Any restrictive covenant or ordinance used to prohibit potable-water use must at least cover the entire MSD property. Additionally, the city may want to place such limits outside the MSD boundary as a safeguard against future potable-water use in the MSD area, or in anticipation of other MSDs If the ciry supports use of MSDs and is also contemplating, or is already undertaking, a significant brownfield redevelopment or revitalization project for a city sector, then the scale of MSDs is important. A multi-property or land within the physical limits of that ordinance. This would allow applications to be filed as additional properties with groundwater contamination are discovered. The ordinance does need to stipulate that the reason for the potable water use prohibition is that the groundwater is contaminated. Be aware that the statute requires notices to, and resolutions from, different parties within certain radial distances from the boundary of the MSD property. Moreover, the regulatory flexibility a certified MSD provides is tied to whether there are potable-water wells located within one-half mile of the MSD boundary. As the size of the proposed MSD property is increased, the radial distances commensurately reach farther out and can shift requirements for notification and MSD support as well as allowable relative Outcrops of Minor Aquifers in Texas proximityto potable-waterwells, depending on what falls within those radial distances. N w*e $ o 100 zoo soo 6==4==l ~ Miles ~pa 0 oo~+es Repeal of Ordinance ! BLOSSOM ! BONE fiPRINC+VICTORIO PEAk CZ BRAZasFWERALLWIU, The MSD certificate is nGIPITANREEfCOMPLEx CKUII L D predicated on the institutional O WEDYMRD6TflINITY(NOHPUIIS) control (ordinance or restrictive MELLENBUROER-&1N5A84 L HCKOFY covenant) remaining in effect. M pwms Therefore, if the ciry changed its ~ U"'" MAPATNON ~ support for an MSD by ~ MAftBtEFRLLb withdrawing an ordinance, there tp-'"GT°CI' pVEfN CITY would be no prohibition against IM PoTK BUNCA the use of the contaminated groundwater within the MSD for f;=-VWST*EKASBOUoM potable water. Accordingly, the i WOODBINE ~YEO1.„ACMQN TCEQ and the city need to be in communication if there is to be a change in the MSD support at the city. As a courtesy, the TCEQ requests to be notified by Figure 3. Outcrops of minor aquifers. the city at least 60 days in advance of making any such change. regional MSD or a regional ordinance that prohibits the use of the designated groundwater as potable water might be advantageous. An MSD applies to all contamination in the designated groundwater within the MSD boundary, even if it extends across multiple real-estate tracts that have their different sources of contamination within the MSD property. A regional groundwater ordinance could support subsequent MSD applications filed property by property for the different tracts of GI-326 Coverage of the potable-water use prohibition and potable-water well installation The MSD statute requires only that the designated groundwater within the MSD boundary be prohibited from potable use. The MSD prohibition is not required to extend beyond the boundary of the MSD or to cover the extent of contaminated groundwater that Page 7