This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Assistant Director, PE

History:

In 2003, the Texas Legislature authorized the creation of MSDs, which would designate an area in which the use of contaminated groundwater is prohibited from use as potable water. The law is administered by TCEQ. The intent of the legislation is to encourage redevelopment of vacant or abandoned properties while protecting the public health.

On August 22, 2007, City Council approved an Ordinance amending Chapter 47 of the Code of Ordinances by adding Article XIII relating to groundwater, which will provide a process for supporting or not supporting a Municipal Setting Designation (MSD) application to the State. The City's program becomes effective November 1, 2007.

General Information:

• The sites that could apply for a MSD are already contaminated.
• The process requires that an applicant must participate in one of the cleanup programs administered by Texas Commission on Environmental Quality (TCEQ) or EPA. 
• A MSD only eliminates the requirement that property owners address the risk of consuming groundwater.  Assessment would still be required for other means of exposure such as:

•         Inhalation of vapors
•         Contact with contamination during construction projects
•         Ecological impacts, such as, seepage into nearby waterways

• Establishing a MSD does not remove any liability from the property owner, nor does it shift any liability to the City.
• MSDs will not be approved within a Well Head Protection area and no MSD may be approved unless the site is already served by City water or is capable of being served by City water, at the applicant's expense.
• MSDs prohibit the use of groundwater as potable water. In the City's ordinance, potable water is defined as, water that is used for irrigation, production of food or drink products intended for human consumption, drinking, showering, bathing or cooking purposes. 

Forms and Information

• Application Form
• City Ordinance  

FAQ:

• Frequently Asked Questions for Application Process
• Frequently Asked Questions for MSD’s (English)
• Frequently Asked Questions for MSD’s (Spanish)

Other Websites of Interest:

TCEQ - Application Form

TCEQ - A Quide for Cities 

You can request an electronic copy of the full application by e-mail to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

For more information concerning the application or process of an MSD in Houston, call:
Carol A. Ellinger, MPA, PE
Senior Assistant Director
PW&E/Planning & Development Services Division
PH 713.837.0928
FX  713.837.0658