Agenda Information Sheet
DEPARTMENT: Planning and Development
CM/ ACM: John Cabrales, Jr.
DATE: September 16, 2014
SUBJECT
Title
Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton authorizing the acceptance of deed restrictions prohibiting the use of designated groundwater from beneath a 34.06 acre property generally described as 100 and 306 North State Loop 288 and including the full width of adjacent Right of Ways of North State Loop 288, Market Street, and E. McKinney Street (FM 426), generally at the northeast corner of McKinney Street and North State Loop 288, Denton, Texas, to facilitate certification of a municipal setting designation (MSD) of said property by the Texas Commission on Environmental Quality (TCEQ), pursuant to the Texas Solid Waste Disposal Act; and providing for an effective date.
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BACKGROUND
The subject property is located at the northeast corner of McKinney Street and Loop 288. There was previously a lumberyard on the southern portion of the property. There is a Denton County building on the northern portion of the property. The majority of the property remains undeveloped. A Phase 1 environmental assessment was performed on the site prior to being acquired by the current owner. During that assessment, no concerns were raised about contamination. However, during a Phase 2 environmental assessment, contaminants in the shallow groundwater were discovered on the property. The applicant is proposing to address this contamination through a Municipal Setting Designation (MSD).
In 2003, the 78th Texas Legislature passed a MSD law concerning requirements for removing contaminants from groundwater. The law authorizes the Texas Commission on Environmental Quality (TCEQ) to receive, process, and certify MSD applications for properties with contaminated groundwater that are located within the corporate limits or extraterritorial jurisdiction (ETJ) of municipalit...
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