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HomeMy WebLinkAboutResolution 2016-023 RESOLUTION NO. 2016-023 A RESOLUTION IN SUPPORT OF THE APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION AT 600 NORTH BEACH STREET, FORT WORTH, TEXAS. WHEREAS, on April 19, 2016 the City Council of the City of Fort Worth, Texas, approved Resolution number 4620-04-2016 and Ordinance No. 22176-04-2016, prohibiting the use of shallow groundwater for potable purposes at 600 North Beach Street, Texas; and WHEREAS, the City Council of the City of Fort Worth, Texas, made a finding that it is in the best interest of the public and the city to facilitate the efforts Industrial Power LLC ("Applicant"), to secure a municipal setting designation with the Texas Commission on Environmental Quality (TCEQ) for said Site; and WHEREAS, Applicants have filed an application with the TCEQ for certification of a municipal setting designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W, and have provided notice of such application to the City of North Richland Hills; and WHEREAS, Texas Health and Safety Code, § 361.8065 provides that an application to the TCEQ for a municipal setting designation will not be certified unless the application is supported by a resolution adopted by certain entities, including the city council of each municipality that owns or operates a groundwater supply well located not more than five miles from the property for which the designation is sought; and WHEREAS, the City of North Richland Hills owns or operates groundwater supply wells located not more than five miles from the boundary of said Site; and WHEREAS, Applicants have continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS THAT: SECTION 1. The preambles to this Resolution are hereby adopted in their entirety and incorporated herein as though set forth in full herein. Resolution No. 2016-023 Page 1 of 2 SECTION 2. Supports Applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site. SECTION 3. This Resolution shall be effective from and after its passage. PASSED AND APPROVED this the 8th day of August, 2016. n <_ :r ;o: r :co TE T: Moni a `�olko, ssistant City - cretary PPROVED S TO FORM AND LEGALITY: y Attorney APPROVED AS TO CONTENT: c Mike is, Managing Director Resolution No. 2016 -023 Page 2 of 2 CITY By: ICHLAN Oscar "`moo, Mayor A Resolution NO, 4620-04-2016 IN SUPPORT OF T W APPLICATION 01? INDUSTRIAL POWER LLC TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR A MUNICIPAL SETTING DESIGNATION FOR 600 NORTH BEACH STREET, FORT WORTH, TEXAS WHEREAS, Industrial Power LLC (Applicant) has filed an application for support of a resolution seeking a Municipal Setting Designation for the site known as 600 North Beach Street, Fort Worth, Texas, the metes and bounds description being attached hereto as Exhibit "A" (Site), and map of same being attached hereto as Exhibit "B" (Site Map), to the Texas Commission on Environmental Quality; and WHEREAS, a public meeting on the application for support was held in Fort Worth on March 31, 2016, and a public hearing was held in Fort Worth on April 19, 2016, and the affected community was duly notified of same and allowed the opportunity to comment; and WHEREAS, an approved public drinking water supply system exists that supplies or is capable of supplying drinking water to the Site and to locations within one -half mile of the Site; and WHEREAS, Applicant has filed documentation with the city stating that contaminants identified within the designated groundwater, associated with historical uses of the Site, that have been detected in concentrations exceeding residential assessment levels for potable use include arsenic, lead, cis -1,2- dichloroethene, tetrachloroethene , trichloroethene, and pentachlorophenol; and WHEREAS, Applicant has further filed documentation with the city stating that this contamination is contained within the shallow, perched groundwater beneath the Site; and WHEREAS, the City of Fort Worth, by ordinance, shall, upon adoption of this ordinance, prohibit the use of designated groundwater beneath the Site for potable purposes as well as for irrigation; and WHEREAS, upon passage of this supporting resolution by the City Council, Applicant intends to file an application with the Texas Commission on Environmental Quality for certification of a Municipal Setting Designation for the Site pursuant to Texas Health and Safety Code, Chapter 361, Subchapter W; and WHEREAS, Applicant has continuing obligations to satisfy applicable statutory and regulatory provisions concerning groundwater contamination investigation and response actions at the Site; and WHEREAS, the certification of a Municipal Setting Designation for the Site is in the best interests of the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That the City of Fort Worth City Council supports Applicant's request to the Texas Commission on Environmental Quality for a Municipal Setting Designation of the Site described in Exhibit A and B. The property for which designation is sought is subject to an ordinance that prohibits the use of designated groundwater from beneath the property as potable water and that appropriately restricts other uses of and contact with that groundwater. Adopted this 19th day of April, 2016.. ATTEST: C y Secretary izo opa A o *sa. O 64 Ff FIA0„,g �y�L.9 *4 45 G "F0 ?k4 pI9od.a4 0 ORT WORT y 4;94 EXHIBIT A TRACT 1 Being a 0.98 acre tract of land situated In the Richard Crowley Survey, Abstract Number 1636 and the William Bussell Survey, Abstract Number 151, located In the City of Fort Worth, Tarrant County, Texas, being all of Lots 3,4,5,13,14, and 15, Block 2, Wiesenberger Addition, on addition to the City of Fort Worth, recorded In Volume 388 -1 A, Page 120, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said 0.98 acre tract being more particularly described as follows; BEGINNING at a point at the northwest corner of said Lot 3, Block 2, and on the south right -of -way line of White Settlement Rood (70 feet wide); THENCE North 89 degrees 30 minutes East, with the said south right -of -way line of White Settlement Road, a distance of 150 feet to a point for corner at the northeast corner of said Lot 5, Block 2; THENCE South 00 degrees 30 minutes East, with the east line of said Lot 5, Block 2, passing at of distance of 142 feet the southeast comer of said Lot 5, Block 2 and the northeast comer of said Lot 15, Block 2, continuing with the east line of said Lot 15, Block 2, a total distance of 284 feet to a point for corner at the southeast corner of said Lot 15, Block 2 and on the north right-of-way line of Whitmore Street (60 feet wide); THENCE South 89 degrees 30 minutes West with the said north fight -of -way line of Whitmore Street, a distance of 150 feet to a point for corner at the southwest corner of said Lot 13, Block 2; THENCE North 00 degrees 30 minutes West, with the west line of said. Lot 13, Block 2, passing at a distance of 142 feet the northwest corner of said Lot 13, Block 2 and the southwest comer of said Lot 3, Block 2, continuing with the west line of said Lot 3, Block 2, a total distance of 284 feet to the POINT OF BEGINNING and containing 0.98 acres, or 42,600 square feet of land, more or less. TRACT 2 Being a 1.14 acre tract of land situated in the Richard Crowley Survey, Abstract Number 1636 and the William Bussell Survey, Abstract Number 151, located in the City of Fort Worth, Tarrant County, Texas, being all of Lots 3,4,5,6,7,15 and 16, Block 7, Wiesenberger Addition, an addition to the City of Fort Worth, recorded in Volume 388 -1A, Page 120, Plat Records of Tarrant County, Texas ( P.R.T.C.T.), said 1.14 acre tract being more particularly described as follows; BEGINNING at a point at the northwest corner of said Lot 3, Block 7, and on the south right -of -way line of Whitmore Road (60 feet wide); THENCE North 89 degrees 30 minutes East, with the said south right - of-way line of Whitmore Road, a distance of 250 feet to a point for comer at the northeast corner of said Lot 7, Block 7; THENCE South 00 degrees 30 minutes East, with the east line of said Lot 7, Block 7, a distance of 142 feet to a point for corner at the southeast comer of said Lot 7, Block 7; THENCE South 89 degrees 30 minutes West, with the south line of said Lot 7, Block 7, a distance of 50 feet to a point for corner at the common corner of said Lot 6, 7, and 16, Block 7; THENCE South 00 degrees 30 minutes East, with the east line of said Lot 16, Block 7, a distance of 142 feet to a. point for corner at the southeast comer of said Lot 16, Block 7 and on the north right -of- way line of Wiesenberger Street (60 feet wide); THENCE South 89 degrees 30 minutes West with the said north right -of -way line of Wiesenberger Street, a distance of 100 feet to a point for corner at the southwest corner of said Lot 15, Block 7; THENCE North 00 degrees 30 minutes West, with the west line of said Lot 15, Block 7, a distance of 142 feet to a point for corner at the common corner of said Lot 4, 5, and 15, Block 7; THENCE South 89 degrees 30 minutes West, with the south line of said Lot 4, Block 7, passing at a distance of 50 feet the southwest corner of said Lot 4, Block 7 and the southeast corner of said Lot 3, Block 7, continuing with the south line of said Lot 3, Block 7, a total distance of 100 feet to a point for corner at the southwest corner of said Lot 3, Block 7; THENCE North 00 degrees 30 minutes West, with the west line of said Lot 3, Block 7, a distance of 142 feet to the POINT OF BEGINNING and containing 1.14 acres, or 49,700 square feet of land, more or less. EXHIBIT B 1 Haltom City iE ° " "` ao I • .• . x ,A MCNUtt'T',k, D— MCNJfT'— — MriNOOia- -! 03 a 5 0 Y vRItd80 E o .o u4 •* ii +,�,+� iau, a Lei I (p' I' r ., ■ & ,leg,ge,, GG \� �\ I - . SITE * proposed MSD MAP •?` i Fort Worth PROPOSED Former Panther Chemical Company Municipal Setting Designation Proposed MSD ■ " Fort Worth Kni'niQ�i FoRT WORTH, CODE COMPLIANCE ORTWORT t HONEYS UCKLE'—j ERMIS N MARIGOLD z ; ...PRIMROS'E Haltom City BERNICE MCNUTT � 0 3 na us PARRISH 1 I I I v z w I g .r.. WHEEELER LEi • • Q •z YUCCA • 0 — MCN UTT 0 0 CATALPA 11•111.1 ..i WHEEL Ell — E(SIE BIRD' '{NOBLE KING OAKS CONWAY GALVEX. 0,25 0,5 Miles PROPOSED Former Panther Chemical Company Municipal Setting Designation Proposed MSD • �.1.1�0! Fort Worth FORT WORTH. CODE COMPLIANCE City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 41'1912016:. -. Resolution No 4620-04-2016 & Ordinance No :221.76-04,2016 :...:.r: . DATE: Tuesday, April 19, 2016 REFERENCE NO.: G -18723 LOG NAME: 23MSD FOR INDUSTRIAL POWER, LLC FOR USE AS PARKING FOR TRUCKS SUBJECT: Conduct Public Hearing, Adopt Resolution Supporting Industrial Power, LLC's Application to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the Property Located at 600 North Beach Street and Adopt an Ordinance Prohibiting the Potable Use of Designated Groundwater from Beneath the Site (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow the public the opportunity to give testimony regarding Industrial Power, LLC's application for approval of a Municipal Setting Designation for the property located at 600 North Beach Street, a 5.653 acre site more fully described in the metes and bounds description included with the attached resolution; 2. Adopt the attached resolution supporting the applicant's application to the Texas Commission on Environmental Quality for a Municipal Setting Designation for the site; and 3. Adopt the attached ordinance prohibiting the potable use of designated groundwater from beneath the site. DISCUSSION: On January 21, 2016, Industrial Power, LLC, d /b /a Industrial Power Trucking, filed an application with the City seeking support of a Municipal Setting Designation (MSD) for property located at 600 North Beach Street. The site includes 5.653 acres. Industrial Power, LLC, will use the location for overflow parking on a gravel base for truck sales. The site is zoned K- Industrial and the planned use is appropriate. Staff from the Planning and Development, Transportation and Public Works and Water departments reviewed the application for potential impacts to City interests. Staff identified no significant concerns. Notice was issued, as required by ordinance and a public meeting was held at the Riverside Community Center on March 31, 2016. The groundwater that is sought to be restricted is shallow, perched groundwater that is underlain by a confining layer of approximately 500 feet in thickness. The affected shallow groundwater is not a designated, recognized major or minor aquifer. The chemicals of concern detected in the designated groundwater include arsenic, lead, cis- 1,2- dichloroethene, tetrachloroethene, trichloroethene and pentachlorophenol in the shallow groundwater at levels exceeding the applicable Tier 1 Texas Risk Reduction Program (TRRP) Residential Protective Concentration Levels. The Fort Worth Water Department provides water service to all existing residential and commercial/ industrial properties within the city limits of the City of Fort Worth, within half a mile of the MSD boundary. All undeveloped properties (within the city limits of the City of Fort Worth) within half a mile of the site are eligible to receive water service from the For Worth Water Department, in accordance with the Texas Water Service Certificate of Convenience and Necessity (CCN) No. 12311 and the City of Fort Worth Policy for the Installation of Community Services. The City of Haltom City has a border within one - half of a mile of the MSD boundary. In 2003, a state law became effective creating the concept of a MSD. The purpose of a MSD is to certify properties in order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by municipal ordinance. A person, typically a developer, must apply to the Texas Commission on Environmental Quality (TCEQ) for certification of their property as a MSD. If granted, they will not be required to clean up designated groundwater on their site to drinking water standards, although other cleanup standards such as inhalation and contact must still be met. The application will not be approved by TCEQ if the municipality where the site is located does not give formal approval. That approval must be by means of a City Council resolution supporting the application and an ordinance prohibiting potable use of groundwater in the MSD (potable water is water used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes). In January 2005, the City Council adopted an ordinance creating a procedure for persons applying to TCEQ for a MSD to get support of that application from the City Council. The procedure includes filing an application with the City, Staff review of the application for potential impacts to City interests, a public meeting held for the purpose of providing information on the application to the affected community and a public hearing. The site is located in COUNCIL DISTRICT 4, Mapsco 64N and 64P. This M &C does not request approval of a contract with a business entity. FISCAL INFORMATION 1 CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds, FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # Chartfield 2 Amount CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Brandon Bennett (6345) Cody M. Whittenburg (5455) MSD RPU Service Boundaries - 5 Mile Buffer Fp BANKS ENVIRONMENTAL DATA A DMStON OF THE CAWS GAO UP .:y HaI•JIlt 'W0077 CITY;OF: HALTOM. CITY 12311 CITY OF FORT WORTH North 101,031; I CITY OF NORTH RICHLAND HILLS 10104 .CITY'OF HURST 10068' CITY OFIRICHLAND■HILL''S. HIH: Source d, E °E, DeLorrne, USGS,.Interma,p, increment P Corp., N'R'C'AN, Esri Japan, METI, Esn China (Hong Kong), Esri (Thailand), TorTom, Maprnylndia, © OpenStreetMap_contributors, and the GISUser Community Target Property 5 Mile Buffer Beach /Ft Worth MSD UTILITY CITY OF FORT WORTH CITY OF HALTOM CITY CITY OF HURST CITY OF NORTH RICHLAND HILLS CITY OF RICHLAND HILLS 1:95,000 lanbad Cardanul Canto Pp*aotan 1961 North Mvarinn Catwl Rat standard Parallel: a P OW North 3.4 Wa:.mni Paralki RS POW Mar,. GNral Martlrn: 99 Cr OP Vint Latitude ofOrth: 30P Banks Environmental Data, Inc. - 1601 Rio Grande, Ste. 500 - Austin, TX 78701 - 800.531.5255 P - 512.478.1433 F www.banksenvdata.com Public Woter System Report Water Well Details Beach /Ft Worth MSD -F. BANKS apiENVIRONMENTAL DATA ADIVISON of THE MNNS CROUP Map ID State !D CCN PWS Name System Status Source Status Depth 1 G2200309A 2 G2200022A 2 G2200022F 2 G2200022G 3 G2200022B 3 G2200022D 4 G2200182A G2200063F 5 G2200063G 6 G2200022I 7 G2200063H 7 G2200063I 8 G2200312A 9 G2200022H 10 G2200022C 11 G2200063J 11 G2200063K 12 52200012E 10068 10068 10068 10068 10068 10103 10103 10068 10103 10103 ALLENS PLANT 5 CITY OF RICHLAND HILLS CITY OF RICHLAND HILLS CITY OF RICHLAND HILLS CITY OF RICHLAND HILLS CITY OF RICHLAND HILLS WESTCHESTER HOUSE CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY OF RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS MONTICELLO SPRING WATER CO 10068 CITY OF RICHLAND HILLS 10068 CITY OF RICHLAND HILLS CITY OF NORTH RICHLAND HILLS CITY OF NORTH RICHLAND HILLS 12311 CITY OF FORT WORTH ACTIVE 10103 10103 INACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE INACTIVE ACTIVE ACTIVE ACTIVE ACTIVE PUBLIC WATER SYSTEM: INACTIVE PLUGGED OPERATIONAL OPERATIONAL ABANDONED PLUGGED PUBLIC WATER SYSTEM: DELETED PLUGGED PLUGGED PLUGGED NON- DRINKING WATER 1143 1235 1335 629 506 500 455 454 496 560 0 ACTIVE NON - DRINKING WATER 0 ACTIVE OPERATIONAL 270 ACTIVE OPERATIONAL 567 ACTIVE OPERATIONAL 1277 ACTIVE NON- DRINKING WATER 0 ACTIVE NON- DRINKING WATER 0 OPERATIONAL 0 Well Summary Water Well Dataset TX TCEQ PWS Total Count # of Wells 18 18 Banks Environmental Data Inc. - 1601 Rio Grande, Ste. 500 - Austin, TX 78701 - 800.531.5255 P - 512.478.1433 F www.banksenvdota.com Page 8