HomeMy WebLinkAbout20-1572 03-24-2020RESOLUTION NO. 20-1572
A RESOLUTION SUPPORTING THE APPLICATION OF GRAPEVINE
BUSINESS PARK, LLC FOR A MUNICIPAL SETTING DESIGNATION
FOR THE PROPERTY LOCATED AT 500 INDUSTRIAL BOULEVARD,
GRAPEVINE, TEXAS.
WHEREAS, Chapter 361, Subchapter W of the Texas Health and Safety Code
authorizes the Texas Commission on Environmental Quality (TCEQ) to certify Municipal
Setting Designations (MSDs) for properties upon receipt and approval of a properly
submitted application to TCEQ; and
WHEREAS, the Texas Legislature, in enacting the MSD Legislation, found that an
action by a municipality in support of or to facilitate an MSD advances a substantial and
legitimate state interest; and
WHEREAS, as part of the application process for an MSD, the applicant is required
to provide documentation of support from each municipality owning and operating a
groundwater supply well within a five mile radius of the proposed MSD location; and
WHEREAS, the City of Euless owns and operates one groundwater supply well
located at 2505 North Main Street in the City of Euless situated within a five mile radius
of the proposed MSD location; and
WHEREAS, the City of Grapevine has passed an ordinance (Ordinance No. 2020-
010, approved February 4,2020) in support of the MSD application and restricting the use
of groundwater at the proposed MSD location; and
WHEREAS, the Director of Public Works and Engineering for the City of Euless
has determined that certification of an MSD for the property located at 500 Industrial
Boulevard, Grapevine, Texas, will have no effect upon the quality of water produced from
the groundwater supply well located at 2505 North Main Street in the City of Euless.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
The City of Euless supports and does not oppose the establishment of a Municipal
Setting Designation for the property located at 500 Industrial Boulevard, Grapevine,
Texas.
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on
the March 24, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions.
1,12,cZ01TI:10
ncla'Martin, Mayo
ATTEST:
4irdSutt—er.,'TRM-'C, CMC, City Secretary
Resolution No. 20-1572, Page 2 of 2
Jon Niermann, Chairman ��QTE 0,��
Emily Lindley, Commissioner cy tv'
Bobby Janecka, Commissioner N
Toby Baker, Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
September 28, 2021
Ms. Kim Sutter, City Secretary
City of Euless
201 North Ector Drive
Euless, Texas 76039
Via email to ksutterC@eulesstx.gov
Re: Municipal Setting Designation (MSD) Certificate for Grapevine Business Park, LLC,
Grapevine Business Park Site, located at 5001ndustrial Boulevard, Grapevine, Tarrant
County, TX; MSD No. 447; Customer No. CN605655315; Regulated Entity No.
RN100767797
Dear Ms. Sutter:
City of Euless was identified as either a municipality located within 0.5 miles of the above -
referenced MSD boundary or as a Retail Public Utility or municipality that is the owner or
operator of a groundwater supply well within 5 miles of the above -referenced MSD boundary;
therefore, as required by Texas Health & Safety Code §361.807(a)(2), enclosed is a copy of the
MSD certificate dated September 28, 2021.
If you have any questions, please contact me at (512) 239-2243 or via email
(lilith.mercierC)tceq.texas.izov).
Sincerely,
L. Joy Mercier, P.G., Project Manager
VCP-CA Section
Remediation Division
LJM/LJM
Enclosure: Copy of MSD Certificate No. 447
P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov
How is our customer service? tceq.texas.gov/customersurvey
printed on recycled paper
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
MUNICIPAL SETTING DESIGNATION CERTIFICATE
As provided for in §361.807, Subchapter W, Texas Health and Safety Code (Solid Waste
Disposal Act):
I, Beth Seaton, Deputy Director, Remediation Division, TCEQ, certify the Municipal Setting
Designation (MSD) for MSD No. 447, in the City of Grapevine, for the tract of land described in
Exhibit "A". The eligibility requirements of Texas Health and Safety Code §361.803 are
satisfied as attested to by the affidavit in Exhibit "B", provided pursuant to Texas Health and
Safety Code §361.804(b)(2)(D). This certificate shall continue in effect so long as the ordinance
or restrictive covenant required by Texas Health and Safety Code §361.8065 remains in effect.
Any person addressing environmental impacts for a property located in the certified municipal
setting designation shall complete any necessary investigation and response action
requirements in accordance with Texas Health and Safety Code §361.808, in conjunction with
the applicable Texas Commission on Environmental Quality environmental remediation
regulation, as modified by Texas Health and Safety Code §361.808.
EXECUTED this the 281h day of September , 2021
Beth Seaton, Deputy Director
Remediation Division
Texas Commission on Environmental Quality
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REPLAT OF THE
FIRST SECTION OF
GRAPEVINE INDUSTRIAL PARK
IOCAIEO IN THE COY OF GWA NE, TEXAS
MO BEING OUT OF THE
THONAS EASIER SUAvEY, ABSfRAL7 W. 474,
TARRANT COUNTY, TEXAS
Municipal Setting Designation
Affidavit of Eligibility
BEFORE ME, the undersigned authority, on this day personally appeared
as an authorized representative of
.I Pnux 15po-- �h-;,� P,Iv�I , known to me to be the person
whose name is subscribed below who being by me first duly sworn, upon their oath,
stated as follows:
I am over the age of 18 and legally competent to make this affidavit. I have personal
knowledge of the facts stated herein.
I affirmatively state that (place an X in all applicable blanks)
0 The MSD eligibility criteria of THSC, Section 361.803 are satisfied.
True and accurate copies of all documents demonstrating that the MSD eligibility
criteria provided by THSC 361.803 have been satisfied and are included with the
application.
A true and accurate copy of a legal description of the proposed MSD property is
included with the application.
Q Notice has been provided in accordance with THSC 361.805.
A copy of an ordinance or restrictive covenant and any required resolutions are
provided in this application or will be provided before the executive director
certifies this application.
Date: C///5�_Xx
Signature
se Ile
Printed Name
Title
STATE OF /0,Cka LCY !
COUNTY OF AOIIA�
SUBSCRIBED AND SWORN before me on this the 15 day of
S�!P/rO� 20;7,ed, to which witness r r1 a seal of office.
Notary Public in and for the State of
TCEQ 20149 August 2011