Ord. 2013-24 - Municipal Setting District, signed 6-4-13ORDINANCE NO. 2013 -24
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, PROHIBITING THE USE
OF DESIGNATED GROUNDWATER FROM BENEATH CERTAIN PROPERTY AS
FURTHER DESCRIBED IN ATTACHMENT A SUPPORTING CERTIFICATION OF A
MUNICIPAL SETTING DESIGNATION BY THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY; PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid
Waste Disposal Act," of the Texas Health and Safety Code authorizes the Texas Commission on
Environmental Quality to create municipal setting designations; and
WHEREAS, pursuant to Section 551.005(a) of the Texas Local Government Code, for
the purpose of establishing and enforcing a municipal setting designation, the governing body of
a municipality may regulate the pumping, extraction, or use of groundwater by persons other
than retail public utilities, as defined by Section 13.002, Water Code, to prevent the use of or
contact with groundwater that presents an actual or potential threat to human health; and
WHEREAS, pursuant to Section 551.005(b) of the Texas Local Government Code, for
the purpose of establishing and enforcing a municipal setting designation, the governing body of
a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the
application of municipal ordinances; and
WHEREAS, the City Council finds that:
(1) The eligibility criteria of Section 361.803 of the Texas Health and Safety Code
have been met;
(2) This municipal setting designation ordinance will not have an adverse effect on
the current or future water resource needs or obligations of the City of Huntsville;
(3) There is a public drinking water supply system that satisfies the requirements of
Chapter 341 of the Texas Health and Safety Code and that supplies or is capable of supplying
drinking water to the designated property and property within one -half mile of the designated
property; and
(4) This municipal setting designation ordinance is necessary because the
concentration of chemicals of concern exceed concentrations considered safe for human
ingestion; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE:
SECTION 1. That for purposes of this municipal setting designation ordinance, the
"designated property" means the property described in Exhibit A attached to the ordinance.
SECTION 2. That for purposes of this municipal setting designation ordinance,
"designated groundwater" means water below the surface of the designated property to a depth
of 400 feet.
SECTION 3. That use of the designated groundwater from beneath the designated
property as potable water, as defined in Section 361.801(2) of the Texas Health and Safety Code,
and the following uses of or contacts with the designated groundwater are prohibited:
(1) Human consumption or drinking.
(2) Showering or bathing.
(3) Cooking.
(4) Irrigation of crops for human consumption.
SECTION 4. That the city council supports the application to the Texas Commission on
Environmental Quality for certification of a municipal setting designation for the designated
property.
SECTION 5. That any person owning, operating, or controlling the designated property
remains responsible for complying with all applicable federal, state, and local statutes,
ordinances, rules, and regulations relating to environmental protection, and that this municipal
setting designation ordinance in itself does not change any environmental assessment or cleanup
requirements applicable to the designated property.
SECTION 6. That approval of this municipal setting designation ordinance shall not be
construed to subject the City of Huntsville to any responsibility or liability for any injury to
persons or damages to property caused by any chemical of concern.
SECTION 7. That within 60 days after adoption of this municipal setting designation
ordinance, the Director of Public Works shall cause to be filed a certified copy of this municipal
setting designation ordinance in the deed records of the county where the designated property is
located.
SECTION 8. That within 60 days after adoption of this municipal setting designation
ordinance, the Director of Public Works shall send a certified copy of this municipal setting
designation ordinance to the Texas Commission on Environmental Quality.
SECTION 9. That the Director of Public Works shall notify the Texas Commission on
Environmental Quality 60 days prior to any amendment or repeal of this municipal setting
designation ordinance.
SECTION 10. That a person violating Section 3 of this municipal setting designation
ordinance, upon conviction, is punishable by a fine not to exceed $2,000, and that the Texas
Commission on Environmental Quality shall be notified of any violations.
SECTION 11. It is the intention of the City Council that this municipal setting
designation ordinance, and every provision hereof, shall be considered severable, and the
invalidity or unconstitutionality of any section, clause, provision or portion of this ordinance
shall not affect the validity or unconstitutionality of any other portion of this ordinance.
SECTION 12. That this municipal setting designation ordinance shall take effect
immediately from and after its passage and publication in accordance with the provisions of the
Charter of the City of Huntsville, and it is accordingly so ordained.
THE CITY OF HUNTSVILLE
Mac Woodward, May
APPROVE" AS TO FORM:
der, City Attorney