(a) Prior to the hearing, the director will provide the city council with a written report summarizing the request for the MSD approval, including any concerns raised by the reviewing departments, and will attach a copy of the application to the report.
(b) The applicant or applicant’s representative must appear at the hearing and present the request for an MSD approval. If the applicant fails to appear at the hearing either in person or by representative, the application shall be deemed withdrawn and the application fee forfeited.
(c) Persons wishing to speak either in favor of or against the application will be provided the opportunity in accordance with city council rules or guidelines for public hearings.
(d) Following the conclusion of the public hearing, the city council may deliberate the matter of the application, and then may either:
(1) Vote to approve or disapprove the application; or
(2) Postpone action on the application to a future date.
(e) In order to approve an application, the city council must:
(1) Adopt a resolution supporting the application to the Texas commission on environmental quality; and
(2) Enact an ordinance prohibiting the potable use of designated groundwater from beneath the property. The ordinance must include a metes and bounds description of the property to which the ordinance applies; a listing of the contaminants; and a statement that the ordinance is necessary because the contaminant concentrations exceed potable water standards.
(f) In the ordinance enacted pursuant to subsection (e)(2) above, city council may place other reasonable restrictions on the use of designated groundwater from beneath the property.
(g) City council approval of an application shall not be deemed to waive the city’s right to comment on an MSD application that has been filed with the executive director of the Texas commission on environmental quality as provided by Tex. Health and Safety Code § 361.805.
(Ord. 16259, § 2, passed 1-11-2005)