§ 47-765. Public hearing; consideration of application.

(a)

Public hearing. The mayor shall designate a committee of city council that shall conduct a public hearing to consider a municipal setting designation ordinance. Upon a request from the director, the mayor may direct that city council will conduct the public hearing on a particular application.

(1)

Prior to the public hearing, the director shall prepare a recommendation as to whether the municipal setting designation ordinance should be granted or denied, setting forth any conditions that should be imposed.

a.

The director may recommend that the municipal setting designation ordinance prohibit the use of the designated groundwater from beneath public rights of way immediately adjacent to the designated property as potable water.

b.

If, in the sole discretion of the director, the director determines it is more likely than not that a source of a contaminant of concern originated on the designated property, and the ingestion protective concentration level exceedence zone or the non ingestion protective concentration level exceedence zone for that contaminant of concern extends to public rights of way immediately adjacent to the designated property, the director may recommend that the municipal setting designation ordinance include a condition that the public right of way immediately adjacent to the designated property be included, at no additional cost to the city, in the TCEQ application.

(2)

The applicant, the licensed professional engineer or licensed professional geoscientist who signed and sealed the application or a licensed professional engineer or licensed professional geoscientist who is familiar with the application must be present at the public hearing. If the required person is not present at the public hearing, the body conducting the hearing may either deny the application or continue the public hearing.

(b)

Council committee consideration. Following the close of the public hearing, the city council committee shall consider whether it supports the director's recommendation. No further action shall be taken on the application if the city council committee finds that:

(1)

It does not meet the eligibility criteria of § 361.803 of the Texas Health and Safety Code;

(2)

The municipal setting designation will have an adverse effect on the current or future water resource needs or obligations of the city; or

(3)

There is not a public drinking water supply system that satisfies the requirements of Chapter 361 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 boundary of the designated property.

(c)

City council consideration. Upon receipt of the director's recommendation, or following the close of the public hearing if city council conducts the hearing, the city council shall approve or deny the application. Approval of the application shall be demonstrated by adopting a municipal setting designation ordinance that:

(1)

States that the ordinance is necessary because the concentrations of contaminants of concern exceed human ingestion protective concentration levels;

(2)

Provides a legal description of the designated property;

(3)

Describes the designated groundwater, including the maximum depth below ground surface of the designated groundwater; however, the maximum depth shall not exceed 200 feet below ground surface unless the applicant specifically so requests and the ordinance specifically provides a greater depth;

(4)

Prohibits the use as potable water of groundwater from beneath the designated property;

(5)

Appropriately restricts other uses of or contact with the designated groundwater, including, but not limited to, properly plugging any existing water production well on the designated property;

(6)

Lists any reasonable and necessary conditions; and

(7)

Indicates support of the applicant's TCEQ application, with any comments.

(d)

The municipal setting designation ordinance may prohibit the use as potable water of the designated groundwater from beneath public rights of way immediately adjacent to the designated property as potable water.

(e)

The municipal setting designation ordinance may include a condition that the public rights of way immediately adjacent to the designated property be included, at no additional cost to the city, in the TCEQ application.

(Ord. No. 07-959, § 2, 8-22-07; Ord. No. 2010-556, § 5, 7-14-2010, eff. 8-1-2010)