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As used in this division, unless the context clearly indicates otherwise.
AFFECTED COMMUNITY. Those persons entitled to notice in § 12.5-414(b)(7).
AUTHORIZED REPRESENTATIVE. For purposes of signing an application, if the applicant is a corporation, the president, secretary, treasurer or a vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; if the applicant is a partnership or sole proprietorship, a general partner or proprietor, respectively; and if the applicant is a local government, the chief executive officer or his or her authorized designee.
CHEMICAL OF CONCERN. Any chemical that has the potential to adversely affect ecological or human receptors due to its concentration, distribution and mode of toxicity.
ENVIRONMENTAL RISK ASSESSMENT. The qualitative and quantitative evaluation performed in an effort to define the risk posed to human health and/or the environment by the presence or potential presence and/or use of pollutants.
GROUNDWATER. Water below the surface of the earth.
MUNICIPAL SETTING DESIGNATION (MSD). A designation as provided by Tex. Health and Safety Code Chapter 361, Subchapter W, which authorizes the executive director of the commission to certify municipal setting designations 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 ordinance or restrictive covenant.
POTABLE WATER. Water that is used for irrigating crops intended for human consumption, drinking, showering, bathing or cooking purposes.
(Ord. 16259, § 2, passed 1-11-2005)
(a) A person commits an offense if the person intentionally, knowingly or with criminal negligence uses groundwater in a municipal setting designation as a potable water source.
(b) A person commits an offense if the person intentionally, knowingly or with criminal negligence uses groundwater in a municipal setting designation for a purpose prohibited in the ordinance creating that municipal setting designation.
(Ord. 16259, § 2, passed 1-11-2005)
(a) A person, including the City of Fort Worth, seeking city council approval of a municipal setting designation (MSD) for property within the corporate limits of the City of Fort Worth, or within its extraterritorial jurisdiction, shall file six copies of an application with the director. An application may be filed in person, by United States mail, or by a document delivery service.
(b) An application shall be on a form provided by the director, and shall contain:
(1) Applicant’s name and address, and the name, address, daytime telephone number and email address of a contact person;
(2) The location and legal description of the proposed outer boundaries of the MSD;
(3) A statement as to whether applicant has filed an application with the executive director of the commission for an MSD for the property;
(4) A statement as to whether a public drinking water supply system exists that satisfies the requirements of Tex. Health and Safety Code Chapter 341 and that supplies or is capable of supplying drinking water to the property for which the MSD is sought, and property within one-half mile of the property for which the MSD is sought;
(5) A description of the groundwater sought to be restricted, including the identified chemicals of concern therein and the levels of contamination known to applicant, and the identified vertical and horizontal area of the contamination. If applicant has not documented groundwater contamination offsite that originates from the property for which an MSD is sought, the application shall include a statement as to whether contamination more likely than not exceeds a residential assessment level offsite and the basis for that statement;
(6) Identification of the person(s) responsible for the contamination of the groundwater, if known;
(7) A listing of:
a. All owners of real property lying within one-half mile of the subject property, as the ownership appears on the last approved city tax roll;
b. All state-registered private water wells within five miles from the boundary of the property for which the designation is sought, including a notation of those wells that are used for potable water purposes (if known), and a statement as to whether applicant has provided the owners with notice as provided in Tex. Health and Safety Code § 361.805;
c. Of each retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought, and a statement as to whether applicant has provided the utilities with notice as provided in Tex. Health and Safety Code § 361.805; and
d. Each municipality, other than the City of Fort Worth, with a boundary located not more than one-half mile from the property for which the MSD is sought; or that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought; and a statement as to whether applicant has provided the municipalities with notice as provided in Tex. Health and Safety Code § 361.805;
(8) A copy of the application to the executive director of the commission, if filed;
(9) A site map, drawn to scale, including a metes and bounds description of the property, the boundary of the proposed MSD, the location of groundwater on the property, and the extent of groundwater contamination to the limits that it has been defined. The map shall include a statement by a professional land surveyor registered by the Texas board of professional surveying attesting to the accuracy of the metes and bounds property description; and
(10) Any other information that the director deems pertinent.
(c) The application shall be signed by an authorized representative of the applicant and shall contain the following certification statement:
“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in a manner designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”
(d) An application shall be accompanied by:
(1) A set of printed mailing labels with the names and addresses of persons listed in subsection (b)(7) above;
(2) An electronic file of the names and addresses of persons listed in subsection (b)(7) above, in a format acceptable to the director and compatible with city information systems; and
(3) An application fee in an amount set by city council by ordinance.
(e) An applicant may withdraw its application in writing by letter sent certified mail, return receipt requested, to the director, and shall forfeit the application fee. If the director has not issued public notice prior to the receipt of the withdrawal letter, the applicant may reapply at any time. If public notice has issued, a new application is subject to the limitations of § 12.5-420.
(Ord. 16259, § 2, passed 1-11-2005)
(a) Upon receiving an application for an MSD approval, the director will distribute a copy to his or her designee within the environmental management department, and to the city’s water department, transportation and public works department, and planning and development department for staff review. The purpose of the review is to determine whether the application is complete, and whether any current or future city property or other interests have the potential to be impacted by the proposed MSD. City staff shall not be tasked with conducting an environmental risk assessment of the application.
(b) City staff must send a written report to the director within ten calendar days of receiving the application, noting any discrepancies in the application, and advising of any city interests that may potentially be impacted by the proposed MSD.
(Ord. 16259, § 2, passed 1-11-2005; Ord. 17522, § 5, passed 4-27-2007; Ord. 18319-09-2008, § 7, passed 9-30-2008)
(a) Following staff review, if the director determines that the application is complete, he or she will schedule a public meeting and a public hearing. The public meeting must be held prior to the public hearing.
(1) A public meeting will be scheduled at a time no later than 45 days following the day the application was received by the city; and
(2) A public hearing will be scheduled at a time no later than 60 days following the day the application was received by the city.
(b) The date that an application is deemed to have been received by the city is the date that the application was received by the director, as indicated by the file date stamped on the application package by the department of environmental management.
(c) If the director determines that the application is incomplete, he or she will return the application to applicant, noting the deficiencies in writing. The applicant shall have 30 days from the date of the deficiency letter to correct the deficiencies and resubmit the application. If the applicant fails to submit a corrected application within the allotted time, the application shall be deemed to be withdrawn and the application fee forfeited.
(Ord. 16259, § 2, passed 1-11-2005)
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