HomeMy WebLinkAboutResolution 4856-10-2017 A Resolution
NO. 4856-10-2017
A RESOLUTION IN SUPPORT OF THE APPLICATION FROM SHRED-TECH,
INC., A CANADIAN CORPORATION, TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION
AT 12700/12710 CALLOWAY CEMETERY ROAD,ARLINGTON,TEXAS
WHEREAS, Chapter 361, Subchapter W of the Texas Solid Waste Disposal Act authorizes the Texas
Commission on Environmental Quality ("TCEQ") to certify a Municipal Setting Designation ("MSD") for a
property upon receipt and approval of a properly submitted application to the TCEQ; and
WHEREAS, as a part of the application to the TCEQ for a MSD, the applicant is required to provide
documentation that the application is supported by the city council of each municipality with a boundary located
within one-half mile of the proposed MSD location; and
WHEREAS, Shred-Tech, Inc., ("Applicant") filed an application with the City of Arlington, Texas, for
support of a resolution seeking a Municipal Setting Designation for the site located at 12700/12710 Calloway
Cemetery Road, Arlington , Texas, the metes and bounds description and a map attached as Exhibit"A", ("Site")
to the TCEQ; and
WHEREAS,the City of Arlington approved Resolution 17-030 to show support of an MSD on the Site on
May 23, 2017; and
WHEREAS,the Site is located within one-half mile of the boundary of the City of Fort Worth and therefore
the Applicant must acquire the City of Fort Worth's support of the application of the MSD for the Site; and
WHEREAS, upon passage of this supporting Resolution by the City Council,the Applicant will submit to
the TCEQ an application for certification of the MSD for the Site pursuant to Texas Health and Safety Code Chapter
361, Subchapter W.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
The City of Fort Worth does not oppose the establishment of a MSD for the Site and supports the Applicant's
application to the TCEQ for certification of a MSD for the Site.
Adopted this 24" day of October, 2017. .............
F .
ATTEST:
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-----------MaryJ. Kays tary
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City of Fort Worth, Texas
Mayor and Council Communication
IL ACTION: Approved on 10/24/2017 - Resolution No. 4856-10-2017
DATE: Tuesday, October 24, 2017 REFERENCE NO.: **C-28449
LOG NAME: 23MSDARLINGTON
SUBJECT:
Adopt Resolution Supporting an Application for a Municipal Setting Designation to the Texas Commission
on Environmental Quality for an Industrial Site Located at 12700/12710 Calloway Cemetery Road,
Arlington, Texas Within the City of Arlington That is Also Within One-Half Mile of the Corporate Limits of the
City of Fort Worth (Near COUNCIL DISTRICT 5)
RECOMMENDATION:
It is recommended that City Council adopt the attached resolution supporting the application to the Texas
Commission on Environmental Quality for a Municipal Setting Designation for a site located within the City
of Arlington that is within one-half mile of the corporate limits of the City of Fort Worth.
DISCUSSION:
In 2003, a state law came into effect which allows owners of properties with known groundwater
contamination to obtain a Municipal Setting Designation (MSD) from the Texas Commission on
Environmental Quality (TCEQ). An approved MSD application for a property prohibits use of the
groundwater at the site as a potable water source. Potable water means water used for drinking,
showering, bathing, or cooking, or for irrigating crops intended for human consumption. When applications
are approved, TCEQ does not require groundwater at these locations to be cleaned up to meet drinking
water standards. Other cleanup standards such as inhalation and contact must still be achieved.
The MSD application will not be considered by the TCEQ, if the municipality where the site is located does
not give formal approval. Additionally, the MSD application must be supported by a resolution enacted by
each of the following: (1) the city council of each municipality with a boundary located within a half mile of
the site' s boundaries; (2) the city council of each municipality that owns or operates a groundwater supply
well within five miles of the MSD's boundaries; and (3) the governing body of each retail public utility that
owns or operates a groundwater supply well within five miles of the MSD's boundaries.
On May 23, 2017, the City Council of the City of Arlington, Texas, approved Ordinance Number 17-030,
prohibiting the use of shallow groundwater for potable purposes from beneath 12700/12710 Calloway
Cemetery Road, Arlington, Texas. The designated groundwater is between 51 and 74 feet below ground
surface and is contaminated with lead and arsenic at concentration levels above state drinking water
standards.
The Arlington City Council made a finding that it is in the best interest of the public and the City of
Arlington to facilitate the efforts of the applicant to secure an MSD with TCEQ for the site and to complete
closure activities under the TCEQ Corrective Action Program. Because boundaries of this site are within
one-half mile of the corporate limits of Fort Worth, a resolution in support must also be considered by the
City of Fort Worth City Council.
The City of Fort Worth does not use groundwater, and the site poses no concern to Fort Worth's potable
Logname: 23MSDARLINGTON Page I of 2
water supply. If the resolution in support of the application is approved by City Council, then TCEQ will
consider the MSD application.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FID):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Cody Whittenburg (5455)
Additional Information Contact: Elmer DePaula (7251)
Logname: 23MSDARLfNGTON Page 2 of 2