This section is adopted pursuant to the authority provided in:
(A) 
Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid Waste Disposal," of the Texas Health and Safety Code;
(B) 
Paragraph (6) of Subsection (a) of Section 211.003, "Zoning Regulations Generally," of Chapter 211, "Municipal Zoning Authority," of the Texas Local Government Code;
(C) 
Subsection (a) of Section 212.003, "Extension of Rules to Extraterritorial Jurisdiction," of Chapter 212, "Municipal Regulation of Subdivisions and Property Development," of the Texas Local Government Code; and
(D) 
Section 401.005, "Restriction on Pumping, Extraction, and Use of Groundwater," of Chapter 401, "Water Control by Municipalities," of the Texas Local Government Code.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
The City Council of the City of Carrollton hereby makes the following findings:
(A) 
There are areas within the city and its extraterritorial jurisdiction where the groundwater is not valuable as a source for potable water due to limited quantity or low quality;
(B) 
The city does not utilize said groundwater as a source of potable water for its public water system;
(C) 
Many properties in the city and its extraterritorial jurisdiction are underlain with unused or unusable groundwater that has become contaminated by historical on-site or off-site sources;
(D) 
Municipal setting designation ordinances enable a state corrective process for groundwater that protects human health and the environment while also promoting the economic welfare of citizens of the city;
(E) 
Where the quality of the groundwater presents an actual or potential threat to human health, and another source of potable water is available, the use of designated groundwater beneath a designated property should be prohibited to protect the public health, safety, and welfare;
(F) 
Municipal setting designation ordinances should be considered only after a process that allows for public notice and input; and
(G) 
The use of municipal setting designation ordinances within the City of Carrollton and its extraterritorial jurisdiction will encourage the economic development of properties that have contaminated groundwater.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
In this chapter:
Application
means the application submitted to the city for a municipal setting designation ordinance.
Contaminant of concern
means any contaminant that has the potential to adversely affect ecological or human receptors due to its concentration, distribution, or mode of toxicity.
Critical protective concentration level
means the lowest protective concentration level for a contaminant of concern within a source medium determined from all applicable human exposure pathways.
Designated City Official
means the City Manager or his designee.
Designated groundwater
means groundwater that will be or is prohibited from use as potable water by a municipal setting designation ordinance.
Designated property
means the property that will be or is subject to a municipal setting designation ordinance. The designated property may cover several platted lots or tracts of land.
Groundwater
means water below the surface of the earth.
Ingestion protective concentration level
means the protective concentration level for human ingestion for contaminants of concern in groundwater established by the TCEQ under the Texas Risk Reduction Program, determined as if there were no municipal setting designation ordinance.
Ingestion protective concentration level exceedence zone
means the area where concentrations of contaminants of concern from sources on or migrating from or through the designated property are greater than the ingestion protective concentration level in groundwater, determined as if there were no municipal setting designation ordinance.
Municipal setting designation
means a TCEQ designation authorized by Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid Waste Disposal," of the Texas Health and Safety Code.
Municipal setting designation ordinance
means an ordinance adopted pursuant to this section.
Non-ingestion protective concentration level
means the protective concentration level for dermal contact or inhalation for contaminants of concern in groundwater established by the TCEQ under the Texas Risk Reduction Program.
Non-ingestion protective concentration level exceedence zone
means the area where concentrations of contaminants of concern from sources on or migrating from or through the designated property are greater than the non-ingestion protective concentration level in groundwater.
Potable water
means water that is used for irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes.
Protective concentration level
means the non-site-specific concentration of a contaminant of concern that the TCEQ has determined can remain within the source medium and not result in a level that exceeds the applicable human health risk-based exposure limit or ecological protective concentration level at the point of exposure for an exposure pathway.
Response action
means the control, decontamination, or removal from the environment of a hazardous substance of contaminant pursuant to Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid Waste Disposal Act," of the Texas Health and Safety Code.
TCEQ
means the Texas Commission on Environmental Quality.
TCEQ application
means the application submitted to the TCEQ for certification of a municipal setting designation.
To the extent known
means information known by an applicant or applicant's agent after review of all public and private records and other information sources reasonably available in the exercise of due diligence. For the purposes of this chapter, "the exercise of due diligence" by the applicant does not include groundwater sampling activity not otherwise required by law.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a designated groundwater taken from a designated property after adoption of a MSD as a potable water source.
(B) 
A person commits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a designated groundwater taken from a designated property after adoption of a MSD for a purpose prohibited in the ordinance creating that MSD.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
A person seeking a municipal setting designation ordinance shall file with the Designated City Official one original and six copies of an application, including two copies of any supporting documentation.
(B) 
The application must be clear, complete, concise, correct, contain only relevant information, and be organized to facilitate analysis. Maps must be accurate and drawn to scale, and prepared by licensed professionals where required. Supporting documentation, if necessary, should be submitted as appendices to the application.
(C) 
A licensed professional surveyor must certify that any legal descriptions or maps with metes and bounds descriptions are accurate.
(D) 
The application must be on the form required by the Designated City Official and contain the following information in the order listed:
(1) 
An executive summary of the application.
(2) 
The name, address, telephone number, and email of all applicants, all property owners within the designated property, and any representatives of the applicants or property owners.
(3) 
A legal description of the boundaries of the designated property, including all city-owned rights of way associated therewith, and a copy of the deed for the designated property.
(4) 
A site map, or series of maps, depicting the following information regarding the designated property and associated groundwater:
(a) 
The location of the designated property;
(b) 
The topography of the designated property as indicated on publicly available sources;
(c) 
The detected area of groundwater contamination, to the extent known;
(d) 
The location of all soil sampling locations and all groundwater monitoring wells;
(e) 
Groundwater gradients, to the extent known, and direction of groundwater flow;
(f) 
The ingestion protective concentration level exceedence zone for each contaminant of concern, to the extent known.
(5) 
A description of the current zoned land use, and, to the extent known, the anticipated uses, of the designated property and properties within 500 feet of the designated property boundary.
(6) 
For each contaminant of concern within the ingestion and non-ingestion protective concentration level exceedence zones, to the extent known:
(a) 
A description of the ingestion protective concentration level exceedence zone and the non-ingestion protective concentration level exceedence zone, including a specification of the horizontal area and the minimum and maximum depth below ground surface.
(b) 
The level of contamination, the ingestion protective concentration level, and the non-ingestion protective concentration level, all expressed as mg/L units.
(c) 
Its basic geochemical properties (for example, whether the contaminant of concern migrates with groundwater, floats, or is soluble in water).
(7) 
For each contaminant of concern within the designated groundwater, to the extent known:
(a) 
A description of the ingestion protective concentration level exceedence zone and the non-ingestion protective concentration level exceedence zone, including a specification of the horizontal area and the minimum and maximum depth below ground surface.
(b) 
The level of contamination, the ingestion protective concentration level, and the non-ingestion protective concentration level, all expressed as mg/L units.
(c) 
Its basic geochemical properties (for example, whether the contaminant of concern migrates with groundwater, floats, or is soluble in water).
(8) 
A table displaying the following information for each contaminant of concern, to the extent known:
(a) 
The concentration level for soil and groundwater, the ingestion protective concentration level, and the non-ingestion protective concentration level, all expressed as mg/L units.
(b) 
The critical protective concentration level without the municipal setting designation, highlighting any exceedences.
(c) 
The critical protective concentration level with the municipal setting designation, highlighting any exceedences.
(9) 
A statement as to whether the plume of contamination is stable, expanding, or contracting, with the basis for that statement. If this information is not known, a statement of why the information is not known.
(10) 
A statement as to whether contamination on and off the designated property without a municipal setting designation exceeds a residential assessment level as defined in the Texas Risk Reduction Program, if known, and the basis for that statement.
(11) 
A statement as to whether contamination on and off the designated property with a municipal setting designation will exceed a residential assessment level as defined in the Texas Risk Reduction Program, if known, and the basis for that statement.
(12) 
Identification of the points of origin of the contamination and the persons responsible for the contamination, to the extent known.
(13) 
A description of any environmental regulatory actions, including but not limited to, enforcement actions pursuant to Chapter 26 of the Texas Water Code and 33 USCA § 413 that have been taken within the past five years in connection with the designated property, to the extent known.
(14) 
A listing of all existing state or U.S. Environmental Protection Agency registrations, permits, and identification numbers that apply to the designated property.
(15) 
A statement as to whether the designated property has been submitted to the Texas Voluntary Cleanup Program (Section 361.601 of the Texas Health and Safety Code) or similar state or federal program, and a description of the designated property's status in the program.
(16) 
A summary of any environmental site assessment reports filed with the TCEQ regarding any site investigations or response actions that are planned, ongoing, or completed related to the designated property.
(17) 
A statement as to whether any public drinking water supply system exists that satisfies the requirements of Chapter 341 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 designated property and the identity of each.
(18) 
The name and address of each owner of a state-registered private water well within five miles of the designated property, along with:
(a) 
A map showing the location of each well within five miles, and, to the extent known, a notation of whether each well is used for potable water; and
(b) 
A statement as to whether the applicant has provided notice in compliance with Section 361.805 of the Texas Health and Safety Code.
(19) 
The name and address of each retail public utility, as defined in Section 13.002 of the Texas Water Code, that owns or operates a groundwater supply well within five miles of the designated property, along with a statement as to whether the applicant has provided notice as required by Section 361.805 of the Texas Health and Safety Code.
(20) 
A listing of each municipality, other than the City of Carrollton, with a boundary within one-half mile of the designated property, and a statement as to whether the applicant has provided notice as required by Section 361.805 of the Texas Health and Safety Code.
(21) 
A listing of each municipality, other than the City of Carrollton, that owns or operates a groundwater supply well within five miles of the designated property; and a statement as to whether the applicant has provided notice as required by Section 361.805 of the Texas Health and Safety Code.
(22) 
The following statement signed and sealed by a licensed professional engineer or licensed professional geoscientist authorized to practice in the state of Texas with expertise in environmental remediation:
To the best of my knowledge and belief, based upon a review of all public and private records and other information sources available to me in the exercise of due diligence, the opinions stated and conclusions made in this application are supported by such information, and the technical and scientific information submitted with the application is true, accurate, and complete. Based on such review, the contaminants of concern from sources on the designated property or migrating from or through the designated property more likely than not (do exceed) or (do not exceed) a non-ingestion protective concentration level on property beyond the boundaries of the designated property.
(23) 
If the licensed professional engineer or licensed professional geoscientist determines that contaminants of concern from sources on the designated property or migrating from or through the designated property more likely than not do exceed a non-ingestion protective concentration level on property beyond the boundaries of the designated property, then the applicant must:
(a) 
Specify the name and address of the owner of each property.
(b) 
Send a copy of the application to the owner of said property.
(c) 
Provide documentation that the designated property has been included in a state or federal program that requires that the entire non-ingestion protective concentration level exceedence zone be addressed to the satisfaction of the agency administering the program, along with documentation of the estimated time period in which it is to be addressed. An example of such a program is the Texas Voluntary Cleanup Program (Section 361.601 of the Texas Health and Safety Code).
(d) 
Provide documentation upon completion of the state or federal program showing that the non-ingestion protective concentration level exceedences have been addressed to the satisfaction of the agency administering the program.
(24) 
The following statement certified by the applicant or its authorized representative designated in the application:
I certify under penalty of law that this application and all attachments were prepared under my direction or supervision in a manner designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the persons responsible for gathering and evaluating 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.
(25) 
A copy of the TCEQ application, if it has been filed, excluding attachments.
(26) 
The signature of the applicant and proof that the applicant has the legal authority to restrict the use of the groundwater on the designated property.
(27) 
The initial filing fee, prescribed pursuant to Title 3, Chapter 31, Section 31.01(D)(2)(4), City of Carrollton Code of Ordinances.
(28) 
Any other information that the Designated City Official deems necessary.
(E) 
Within 30 days after submission of an application, the Designated City Official shall either (i) notify the applicant that the application is complete or (ii) notify the applicant in writing of any deficiencies in the application and of any additional documentation required. The applicant shall have 30 days from the date of the deficiency letter to correct the deficiencies or submit additional documentation. The Designated City Official may, for good cause, extend the deadline to correct or supplement the application. If the applicant fails to correct or supplement the application within 60 days or the extended period, the application shall be deemed withdrawn and the initial filing fee forfeited. No application shall be deemed complete until all supporting documentation is supplied. The Designated City Official shall notify the applicant in writing when the application is deemed administratively complete.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
For purposes of the times stated in this ordinance, an application is deemed to have been received on the date that the application was actually received by the Designated City Official, as indicated by the file date stamped on the application by the Designated City Official.
(B) 
The Designated City Official shall distribute a copy of the complete application to the City Attorney, the Director of Urban Development, the Director of Public Works, the Director of Economic Development, and the Director of Environmental Services 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. In reviewing and considering the application, city staff shall not be considered to have assessed the environmental risk associated with the application.
(C) 
City staff review will be within the timetables established within chapter 175. City staff will provide a written report noting any discrepancies in the application, and advising of any city interests that may potentially be impacted by the proposed MSD.
(D) 
If the Designated City Official determines that the application is incomplete, he will return the application to the 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.
(E) 
If the Designated City Official determines that the application is complete, he 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 approximately 30 days following the day the application is declared administratively complete; and
(2) 
A public hearing of the City Council will be scheduled approximately 90 days following the day the application is declared administratively complete.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
The Designated City Official shall have the right to access the designated property to ensure compliance with all requirements of this article. Persons owning the designated property shall allow inspecting or monitoring personnel ready access to all parts of the premises for the purposes of inspection, monitoring, records examination and copying, and the performance of any additional duties. Any information concerning a requirement under this article shall be made readily available upon request.
(B) 
Where security measures are in force requiring proper identification and clearance before access to the designated property, those persons owning the designated property shall make necessary arrangements with any security personnel such that, upon presentation of suitable identification, the city's representative shall be permitted to enter without delay for the purposes of performing specific responsibilities.
(C) 
The Designated City Official shall have the right to set up on any person's property such devices as are necessary to conduct monitoring of any person's operations.
(D) 
Unreasonable delays in allowing inspecting or monitoring personnel access to any person's premises shall be a violation of this article.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
Notice of the public meeting and the public hearing on a MSD application may be provided individually or combined, and must include the date, time and location of the two events, the identity of the applicant, the location and legal description of the area for which the MSD is sought, the purpose of the MSD, the type of contamination identified in the groundwater of the area for which the MSD is sought, and a statement that a copy of the application is available for public viewing at the office of the City Manager.
(B) 
The Designated City Official will direct the posting of at least one sign upon the area for which a MSD has been requested. Posting shall be in the same manner as zoning amendments. The sign(s) must state that an MSD has been requested for the area and that additional information can be acquired by telephoning the number listed thereon or visiting the web site address listed thereon. The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public meeting or public hearing or to any official action concerning the MSD application.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
Upon receipt of payment of the estimated cost of mailing notices and advertising the public meeting, the Designated City Official shall provide notification of the public meeting in the following manner:
(1) 
The notice of the public meeting must include:
(a) 
The date, time, and location of the public meeting;
(b) 
The identity of the applicant;
(c) 
The location and legal description of the designated property;
(d) 
The purpose of a municipal setting designation; and
(e) 
The type of contamination identified in the designated groundwater.
(2) 
The Designated City Official shall publish notice of the public meeting in the largest newspaper of general circulation for the city at least 15 days before the public meeting.
(3) 
The Designated City Official shall mail notice of the public meeting at least 15 days before the date of the public meeting by depositing the notice properly addressed and postage paid in the United States mail. The applicant may not alter, change, amend, or enlarge the application after notices for the public meeting have been mailed. The Designated City Official shall mail notice of the public meeting to:
(a) 
The applicant;
(b) 
Owners of real property within one-half mile of the designated property boundary as indicated by the most recent appraisal district records;
(c) 
Owners of state-registered private water wells within five miles of the designated property boundary, as indicated on the application, by certified mail;
(d) 
Any retail public utility that owns or operates a groundwater supply well within five miles of the designated property boundary, as indicated on the application, by certified mail;
(e) 
Any municipality with a boundary within one-half mile of the designated property boundary, as indicated on the application, by certified mail;
(f) 
Any municipality that owns or operates a groundwater supply well within five miles of the designated property boundary, as indicated on the application, by certified mail; and
(g) 
The TCEQ.
(4) 
The Designated City Official shall cause a copy of the application to be placed on display at the public library closest to the designated property at least 15 days prior to the public meeting.
(B) 
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 meeting. If the required person is not present at the public meeting, the Designated City Official may either deem the application withdrawn and any fees forfeited or reschedule the public meeting at the applicant's expense.
(C) 
The purpose of the public meeting is to provide information to the community about municipal setting designations in general and the application in specific, allow the applicant to explain the application, allow proponents and opponents to comment, and notify the community of the date of the City Council public hearing.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
Prior to the public hearing, the Designated City Official shall prepare a recommendation as to whether the municipal setting designation ordinance should be granted or denied, and listing any conditions that should be imposed.
(1) 
The Designated City Official 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.
(2) 
If the Designated City Official, in his sole discretion, determines it is more likely than not that a source of a contaminant of concern originated on the designated property, and that the ingestion protective concentration level exceedence zone or the non-ingestion protective concentration level exceedence zone for that contaminant of concern extends to city owned public rights-of-way immediately adjacent to the designated property, the Designated City Official may recommend that the municipal setting designation ordinance 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 ordinance as part of the designated property and in the TCEQ application.
(3) 
The Designated City Official may recommend that the municipal setting designation ordinance specify a time period for a state or federal program to address the entire non-ingestion protective concentration level exceedence zone originating from sources on the designated property or migrating from or through the designated property.
(B) 
Upon payment of the additional processing fee, the Designated City Official shall provide notification of the public hearing in the following manner:
(1) 
The notice of the public hearing must include:
(a) 
The date, time, and location of the public hearing;
(b) 
The identity of the applicant;
(c) 
The location and legal description of the designated property;
(d) 
The purpose of a municipal setting designation; and
(e) 
The type of contamination identified in the designated groundwater.
(2) 
The Designated City Official shall publish notice of the public hearing in the largest newspaper of general circulation for the city at least 15 days before the public hearing.
(C) 
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 city council may either deny the application or continue the public hearing.
(D) 
The City Council shall deny the application if it finds that:
(1) 
The eligibility criteria of Section 361.803 of the Texas Health and Safety Code have not been met;
(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 341 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 designated property.
(E) 
In order to approve an application, the City Council must adopt 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 (the maximum depth shall not exceed 200 feet below ground surface unless the applicant specifically requests and the ordinance specifically provides a greater depth);
(4) 
Prohibits the use of the designated groundwater from beneath the designated property as potable water;
(5) 
Appropriately restricts other uses of or contact with the designated groundwater;
(6) 
Lists any reasonable and necessary conditions;
(7) 
Indicates support of the applicant's TCEQ application, with any comments.
(F) 
The municipal setting designation ordinance may prohibit the use of the designated groundwater from beneath public rights-of-way immediately adjacent to the designated property as potable water.
(G) 
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.
(H) 
The municipal setting designation ordinance may specify a time period for a state or federal program to address the entire non-ingestion protective concentration level exceedence zone originating from sources on the designated property or migrating from or through the designated property.
(I) 
The municipal setting designation ordinance may include other conditions, including, but not limited to requiring indemnification, that the City Council deems necessary to protect the interests of the city.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
If after the public hearing the City Council disapproves an application, or if the applicant has withdrawn its application after notice of the public meeting or public hearing has issued, no new MSD applications for the proposed MSD area shall be accepted or considered by the city within a period of 12 months of the date of disapproval or withdrawal.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
The effect of a municipal setting designation ordinance is to prohibit use of designated groundwater as potable water and thereby enable the TCEQ to certify a municipal setting designation for the designated property. If certified by the TCEQ, the municipal setting designation may limit the scope of or eliminate the need for risk-based site investigations and response actions pursuant to Section 361.808 of the Texas Health and Safety Code based on the non-existence, elimination, or control of pathways for human ingestion of contaminated groundwater.
(B) 
Any person owning, operating or controlling the designated property remains responsible for complying with all applicable federal and state laws and regulations; all ordinances, rules and regulations of the city; and all environmental regulations. The City Council's approval of a municipal setting designation ordinance in itself does not change any environmental assessment or cleanup requirements applicable to the designated property.
(C) 
Approval of a municipal setting designation ordinance shall not be construed to subject the City of Carrollton to any responsibility or liability for any injury to persons or damages to property caused by any contaminant of concern.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)
(A) 
Within 30 days after adoption, the applicant shall provide the Designated City Official with an electronic file showing the location of the designated property and the designated groundwater in a format compatible with the city's geographic information system.
(B) 
Within 60 days after adoption, the Designated City Official shall file a certified copy of the municipal setting designation ordinance in the deed records of the county where the designated property is located.
(C) 
Within 60 days after adoption, the Designated City Official shall send a certified copy of the municipal setting designation ordinance to the applicant and the TCEQ.
(D) 
The applicant shall provide the Designated City Official with a copy of the municipal setting designation certificate issued by the TCEQ pursuant to Section 361.807 of the Texas Health and Safety Code within 60 days after issuance of the certificate.
(E) 
Within 60 days of the TCEQ's issuance of the certificate of completion, the applicant shall provide the Designated City Official with a copy of said certificate, and any other documentation issued by the TCEQ showing that any site investigations and response actions required have been completed. The Designated City Official may, for good cause, extend the time for submitting the documentation.
(F) 
Within the time period required in the municipal setting designation ordinance for the state or federal program to address the entire non-ingestion protective concentration level exceedence zone originating from sources on the designated property or migrating from or through the designated property, the applicant shall provide the Designated City Official with documentation that it has been addressed to the satisfaction of the agency administering the program. If it has not been addressed, the Designated City Official may, for good cause, take any of the following actions:
(1) 
Allow additional time to address the non-ingestion protective concentration level exceedence zone;
(2) 
Request a review by the TCEQ or the agency administering the program;
(3) 
Recommend to the city council that the municipal setting designation ordinance be repealed;
(4) 
Request additional information or documentation from the applicant; or
(5) 
Pursue other actions that the Designated City Official believes may be warranted.
(G) 
The applicant shall notify the Designated City Official in writing if the applicant determines that notice is required to be sent to an owner of other property beyond the boundaries of the designated property under Title 30 Texas Administrative Code, Chapter 30, Section 350.55(b), providing the name of the property owner, the property address, and a copy of the notice sent to the property owner.
(H) 
A person commits an offense if they fail to provide the Designated City Official with the documentation required under this section as prescribed herein.
(Ordinance 3173, adopted 10/2/2007; Am. Ordinance 3599, adopted 2/18/2014)