20 - OLD STILLHOUSE ROAD LANDFILL REMEDIATIONItem No. 20
memorandum
TO: City Council
John Godwin, City Manager
FROM: Jerry McDaniel, Public Works Director
SUBJECT: OLD STILLHOUSE ROAD LANDFILL REMEDIATION
DATE: May 9, 2016
BACKGROUND: During the course of pursuing final closure of the city's old Stillhouse
Landfill and remediating issues that have arisen there due to inattention in the past, we
discovered contaminants in the groundwater on an adjoining property. The contaminants are
upstream from the city's old landfill and include elements not typically associated with landfill
operations, so appear to be locally generated.
STATUS OF ISSUE: State statute provides that cities may pass ordinances within all or any part
of their corporate limits or extraterritorial jurisdictions establishing a municipal setting
designation (MSD). Such an MSD means that groundwater from the designated property may
not be used for potable water. In order to create such a designation, potable water must be
available from some other source besides well water. In this case, drinking water is available
from the LCWSD.
BUDGET: N /A.
RECOMMENDATION: Approve an MSD ordinance certifying that groundwater at the property
may not be used as potable water and is prohibited from future use for human consumption.
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 78th 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 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 of 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.
Section 4. That the sections, paragraphs, sentences, phrases, clauses and words of
this ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in
this ordinance or application thereof to any person, firm or corporation, or to any circumstance is
held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this ordinance, and the City Council hereby
declares that it would have adopted such remaining portions of this ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 5. That a person violating any provision of this municipal setting designation
ordinance, upon conviction, is punishable by a fine not to exceed $2,000, and that the Texas
Commission on Environmental Quality shall be notified of any violation.
Section 6. That this ordinance shall take effect upon passage and publication, and it
is accordingly so ordained
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS, this 16t' day of May 2016.
Mayor Arjumand Hashmi, M.D.
City of Paris
ATTEST:
Janice Ellis, City Clerk
CWVM*a 0 2M WAVER sari CMaWNNS. ELC - WIMN W. ALL MOM usEIM
b
0 1000 2000
SCALE IN FEET
LEGEND
PROPERTY BOUNDARY
ROAD CLASSIFICATION
Primary highway, Light-duty road, hard or
hard surface ,_._.,. ,. improved surface
Secondary highway,
hard surface. Unimproved road
) Interstate Route 0 U. S. Route O Stale Route
PARIS, TEX.
NFJ4 PARIS 15' OUADRANOLE
33095— F5 —TF -024
1984
DMA 8851 11 NE— SERIES V882