2016-016 - PROHIBITING THE GROUNDWATER OF THE OLD LANDFILL FOR HUMAN CONSUMPTION...

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ORDINANCE NO. 2016 -016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CREATING A MUNICIPAL SETTING DESIGNATION WITHIN THE CITY'S EXTRATERRITORIAL JURISDICTION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2003 the 78h Texas Legislature passed a Municipal Setting Designations (MSD) statute that relates to the potability of groundwater and the requirements for removing contaminants from groundwater, and WHEREAS, the city council finds that the eligibility criteria of Chapter 361 of the Texas Health & Safety Code have been met; and WHEREAS, this MSD ordinance will not have an adverse effect on the current or future water resource needs or obligations of the City of Paris; and WHEREAS, the Lamar County Water Supply District is a public water supply system that meets the requirements of Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of supplying drinking water to the MSD property and all properties within one -half mile of the MSD property; WHEREAS, this MSD ordinance is necessary because the concentration of contaminants of concern exceed ingestion protective concentration levels for human consumption; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That for purposes of this municipal setting designation ordinance, the "designated property" means the property described in Exhibit A, attached hereto and fully incorporated herein. Section 2. That for purposes of this municipal setting designation ordinance, "designated groundwater" shall mean water below the surface of the designated property to a depth of 2,000 feet. Section 3. That use of the designated groundwater from beneath the designated property as potable water is hereby prohibited.