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Home My WebLink AboutOrdinance - 2013-O0058 - Texas Instruments--MSD - 07/11/2013First Reading Second Reading May 23, 2013 July 11, 2013 Item No. 6.3 Item No. 6.4 ORDINANCE NO. 2013-0 0058 AN ORDINANCE PROHIBITING THE POTABLE USE OF DESIGNATED GROUNDWATER AND RESTRICTING THE NON -POTABLE USE OF GROUNDWATER FROM BENEATH THE PROPERTY OF THE FORMER TEXAS INSTRUMENTS FACILITY, 2301 NORTH UNIVERSTIY AVENUE, LUBBOCK, TEXAS, MORE PARTICULARLY DESCRIBED AS A 203.377 ACRE TRACT OF LAND LOCATED IN TRACT A OF THE TEXAS INSTRUMENTS ADDITIONS, LUBBOCK COUNTY, TEXAS; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, pursuant to Article 22.10 of the Code of Ordinances of the City of Lubbock, Texas, Texas Instruments Incorporated has requested to designate the property of the former Texas Instruments Facility, 2301 North University Avenue, Lubbock, Texas, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Addition, Lubbock County, Texas, and even more particularly described by metes and bounds in Exhibit A which is attached hereto and incorporated herein as though set forth fully with a municipal settings designation; WHEREAS, the groundwater beneath the property described in Exhibit A is contaminated with certain contaminants as outlined and described in Exhibit B, which is attached hereto and incorporated herein as though set forth fully herein; WHEREAS, the use of municipal setting designations within the corporate limits of the City of Lubbock and its extraterritorial jurisdiction allows for a state - evaluated corrective action process for groundwater that is directed toward protection of human health and the environment, balanced with the economic welfare of the citizens of the City; WHEREAS, where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health, safety, and welfare when the quality of the groundwater presents an actual or potential threat to human health; WHEREAS, pursuant to Section 22.10.005 of the Code of Ordinances of the City of Lubbock, City of Lubbock staff has reviewed the application that was filed with the City Secretary; WHEREAS, pursuant to Sections 22.10.006 and 22.10.007 of the Code of Ordinances of the City of Lubbock, the Director of Water Resources has determined that the application by the City of Lubbock is complete, scheduled a public hearing and caused the publication of same, and caused the erection of one sign on the property stating that a municipal settings designation has been requested along with appropriate contact information; WHEREAS, pursuant to Section 22.10.008 of the Code of Ordinances of the City of Lubbock, a public hearing was held whereby the public was allowed an opportunity to provide input to help determine whether a municipal settings designation would be appropriate for the property described in Exhibit A and whether using groundwater for potable use within the municipal settings designation be prohibited and whether the non -potable use of the groundwater should be restricted; and WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the public, health, and safety of the citizens of the City of Lubbock to approve the application for a municipal settings designation for the property described in Exhibit A thus prohibiting the potable use of the groundwater beneath the described property and restricting the non -potable use of the groundwater beneath the described property; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the property of the former Texas Instruments Facility, 2301 North University Avenue, Lubbock, Texas, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Addition, Lubbock County, Texas, and even more particularly described by metes and bounds in Exhibit A which is attached hereto and incorporated herein as though set forth fully herein be granted a municipal settings designation. SECTION 2: THAT the potable use of the groundwater beneath the subject property described in Exhibit A is strictly prohibited. SECTION 3: THAT the non -potable use of the groundwater beneath the property described in Exhibit A is restricted to non -potable purposes including sampling and remediation and other non -potable uses not identified herein but agreed to by the City by and through the Director of Water Resources or the Director's designee. SECTION 4: THAT any person who knowingly violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine up to the maximum amount allowed by state law. SECTION 5: THAT the City Council finds and declares that sufficient written notice of the date, hour, place, and subject of this meeting of the Council was posted at a designated place convenient to the public at the City Hall for the time required by law preceding this meeting, that such place of posting was readily accessible at all times to the general public, and that all of the foregoing was done as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents of posting thereof. SECTION 6: THAT should any paragraph, sentence, clause, phrase, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 7: THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED Passed by the city council on first reading this 23 day of May , 2013. Passed by the city council on second reading this 11 day of July , 2013. .?:ON,MAYOR ATTEST: Rebe a Garza, City Secr�ta AS TO Aubrey A. War, P.E. Director of ater Resources APPROVED T ORM: GL lma our A. W. Pratt As stant City Attorney MSD - Texas Instruments 5.6.13 EXHIBIT A l'ia S!6 �5 .avv ^ CTIOI 12 9LCKK A 5EC1ON 17 9LOC< a VIC0N17Yi NAP ,..�. S E R V I C E t .. u3 EJ� Zee CN-ses=z'01'w COOP CG N353' 1. V�o sm B. elt Stott t Taal, \e made on th. ant dtamwab� ho.a men moan d-ine l\t time e /NHNCE 9. EXHIBIT B Contaminant Summary Former Texas Instruments Facility— Lubbock, Texas The data show that the groundwater at the proposed MSD is contaminated with the following classes of chemicals greater than federal drinking water Maximum Contamination Levels (MCLs), or the Texas Protective Concentration Levels (PCLs): • Volatile Organic Compounds (VOCs) The following table indicates the highest concentrations greater than the MCLs or PCLs from the historical highest concentrations and the most recent high concentrations. Groundwater Impacts Exceeding Potable Drinking Water Criteria Maximum Conc. Potable Water Reported in MSD- Chemical CAS Standard Groundwater Adjusted Name Number* (mg/L) (mg/L) PCLs (mg/L) Location Date Notations CE-MW - 9-Sep- PCE 127-18-4 0.005 0.377 64 2 1999 The highest historical concentrations CE-MW- 7-Mar- 1,1 DCE 75-35-4 0.007 0.77 215 11 2001 CE-MW - 11-Jul- PCE 127-18-4 0.005 0.238 64 2 2011 The most recent high concentrations CE-MW - 11-Jul- 1,1 DCE 75-35-4 0.007 0.185 215 20 2011 *CAS = Chemical Abstract Number Print Agenda Item Page 1 of 2 ity Of ,r lubbock TEXAS Regular City Council Meeting 6.3. Meeting Date: 05/23/2013 Information Agenda Item Public Hearing 6:30 p.m. — Water Resources: Hold a public hearing to consider prohibiting the potable use of groundwater beneath the property of the former Texas Instruments Facility, 2301 North University Avenue, Lubbock, TX, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Additions, Lubbock, County, Texas and placing specific restrictions on the non -potable use, and to consider an ordinance. Item Summary Contaminated groundwater lies beneath many industrial and commercial properties. In some cases it is difficult to locate the source of the contamination or identify the parties responsible for cleaning up the contaminants that have migrated across property lines and have mixed with other contaminant plumes. The complexity of the problems often prevents the use and redevelopment of valuable property, because cleaning up the groundwater to drinking water standards is very costly. In 2003, the Texas legislature addressed the issue by authorizing the Texas Commission on Environmental Quality (TCEQ) to develop rules and regulations allowing local governments to create procedural ordinances called Municipal Settings Designations (MSDs). MSDs provide administrative controls and groundwater restrictions to be placed in areas served by community water systems. These restrictions not only protect the public from drinking the contaminated groundwater but also reduce the cost of cleaning up the groundwater in the area. The goal of the MSD is to encourage restoration and revitalization of the local property tax base as the properties are subsequently redeveloped by reducing the environmental cleanup costs. Only the groundwater consumption exposure pathway requirements are relaxed because the consumption pathway is eliminated, but MSD status does not eliminate the requirement to address other exposure pathways such as contact, inhalation, and impact to ecological receptors. Texas Instruments, Inc. has completed an MSD application for properties located at 2301 North University Avenue, Lubbock, TX, current location of X-Fab, more particularly described as a 203.377 acre tract of land located in Tract A of the Texas Instruments Addition, Lubbock County. Texas. Texas Instruments, as the former owner of the proposed designated property. takes responsibility for the groundwater contamination. The groundwater underneath the proposed property has been contaminated. above drinking water standards, with the following chemicals of concern: • tetrachloroethene (PCE) • 1,1 -- dichloroethylene (DCE) http:!','agenda.ci.lubbock.tx.us/frs/publish/print ag memo. cfm?seq =205 5 &rev num=0&for... 5/10/2013 Print Agenda Item Page 2 of 2 Specific criteria must be met in order for properties to qualify for MSD status: • An alternate potable water source, such as a municipal water supply, must be available; • A legal description of the outer boundaries of the MSD must be established; • A public hearing must be held after proper notifications; • A local procedural ordinance or restrictive covenant enforceable by the municipality prohibiting potable use of groundwater within the boundaries of the designated MSD area must be approved by the City Council; • Cities, utilities, and private water well owners found to be within five miles of the area proposed for designation must be identified and notified; • Cities and retail public utilities have veto power over proposed MSDs, and each MSD must be supported by the City Council to qualify; and • A properly completed application including legal description, use restrictions, proof of notice, and a $2,000 filing fee must be submitted to and subsequently approved by the Executive Director of the TCEQ. The ordinance provides a mechanism for private and public owners of contaminated properties to reduce the costs associated with the investigation and remediation of groundwater that is not currently utilized as a drinking water resource, provided that the City Council subsequently supports the designation by way of a resolution. The ordinance provides public protection from dangers associated with the consumption of contaminated groundwater, encourages appropriate use and redevelopment of property, avoids excessive waste of monetary resources for remediation of the contaminated groundwater, and enhances the local property tax base. Fiscal Impact None. Staff/Board Recommending R. Keith Smith, P.E., Chief Operating Officer Attachments MSD- TexInst- Ordinance http://agenda.ci.lubbock.tx.us/frs/publishlprint_ag_memo.cfm?seq=2055&rev num=0&for... 5/10/2013