STRATEGIC PRIORITY: Environmental & Sustainability
AGENDA DATE: December 13, 2023
COUNCIL DISTRICT(S): 9
DEPARTMENT: Office of Environmental Quality & Sustainability
EXECUTIVE: M. Elizabeth Cedillo-Pereira
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SUBJECT
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Authorize a resolution of support for a Municipal Setting Designation application to the Texas Commission on Environmental Quality, provided by 1901 W Northwest Hwy, LLC and approved by the City of Garland, that prohibits the use of groundwater as potable water beneath property owned by 1901 W Northwest Hwy, LLC, located near the intersection of Northwest Highway and Towngate Boulevard in Garland, TX within a 0.5 mile radius of the City of Dallas Council District 9 - Financing: No cost consideration to the City
Recommendation of Staff: Approval
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BACKGROUND
On August 15, 2023, the City of Garland approved Ordinance No. 7458 for a proposed Municipal Setting Designation (MSD) submitted by the applicant, 1901 W Northwest Hwy, LLC. The property is located at 1901 Northwest Highway, which is the Towngate Shopping Center. The ordinance from the City of Garland authorizes support of the issuance of an MSD certification to 1901 W Northwest Hwy, LLC by the Texas Commission on Environmental Quality (TCEQ) and to prohibit the use of groundwater beneath the referenced property (see attached map) as potable water. The issuance of an MSD to 1901 W Northwest Hwy, LLC by the TCEQ will supplement closure under the TCEQ Voluntary Cleanup Program and will ensure protection of human health and the environment.
In September 2023, 1901 W Northwest Hwy, LLC requested a resolution of support from the City of Dallas for its application to the TCEQ for an MSD certification in accordance with the Texas Health & Safety Code (Section 361.8065(a)(1)(A)), which states that the applicant must provide documentation that the MSD is supported by a resolution adopted by the city council of each municipality with a boundary located not more than 0.5 miles from the MSD designated property.
The MSD designated property is located in the City of Garland within a 0.5-mile radius of the City of Dallas Council District 9.
Based on information provided by the applicant, the designated property is underlain by a water bearing zone that is encountered at approximately 7 feet below ground surface (bgs) and extends to a depth of 13 feet bgs at the top of the Austin Chalk formation. The anticipated direction of groundwater flow beneath the designated property is to the south, towards Lyndon B Johnson Freeway. A portion of this water bearing zone has been affected by chlorinated solvents tetrachloroethylene (PCE), trichloroethylene (TCE), and cis-1, 2-dichloroethylene (cis-1, 2-DCE) at concentrations above groundwater ingestion standards. The probable onsite source was the former dry-cleaning operations at the Towngate Cleaners that operated in a suite on the northern side of the designated property from approximately 1992 to 2007. The dry cleaners stopped operation approximately 16 years ago and the affected groundwater is located within the northern portion of the MSD designated property within the limits of the City of Garland. No City of Dallas property is expected to be impacted by the chlorinated solvents identified in groundwater at the MSD designated property.
The applicant’s current plan is to obtain closure under the Voluntary Cleanup Program supported by an MSD. The designated property is currently being used as a multi‐tenant retail building known as Towngate Plaza. The new owner is providing improvements to the property and the anticipated future use is expected to remain relatively unchanged.
This item is a resolution supporting the MSD application to the TCEQ by the applicant, 1901 W Northwest Hwy, LLC, for designated property located near the intersection of Northwest Highway and Towngate Boulevard in Garland, TX and within 0.5 miles from the City of Dallas Council District 9. This resolution fulfills a regulatory requirement of the Texas Health and Safety Code for the applicant.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
This item has no prior action.
FISCAL INFORMATION
No cost consideration to the City.
OWNER
1901 W Northwest Hwy, LLC
PCM Manager, LLC, Manager
Cody Perlmeter, Manager
MAP
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