On February 16th I attended a public meeting held by the City of Dallas regarding an application for a Municipal Setting Designation by the two owners of the “City Lights” project. The apartments are under construction now, and the other sites are in planning stages for future development.
What is a Municipal Setting Designation (MSD)?
An MSD is an official state designation in the form of city ordinance given to a property to certify that the groundwater up to 200ft below the property will never used as drinkable water because that groundwater is contaminated in excess of the applicable potable‐water protective concentration level. The geologist present at the meeting noted that the level of contamination found at the City Lights site was not in excess of the average contamination in and around downtown Dallas, but that the owners were seeking an MSD similar to the MSD obtained by the Baylor Hospital System previously.
Put simply, an MSD prohibits the owners of the property, and any future owners of the property, from using the groundwater for drinking water.
Why would a property owner apply for a Municipal Setting Designation?
Having an MSD designation allows for a property with moderate contamination of groundwater at 200 feet to be redeveloped faster by bypassing the need for further investigation by the Texas Commission on Environmental Quality. By promising not to use the groundwater as drinking water, the property can move forward more quickly in the environmental closure process required by the Texas Commission on Environmental Quality, and development can proceed without additional delays from the Texas Commission on Environmental Quality.
Why did we receive notices of the application for the MSD?
The legislation establishing the MSD requires that all property owners within a certain mile radius receive notice of the application. The typical property owner that would need to be concerned is one that utilizes a water well within a certain distance of the MSD. Only three wells were identified, and they are all nonfunctioning wells that are outside of our neighborhood.
How will the MSD impact our community?
The Municipal Setting Designation for City Lights will allow the project to move forward more quickly. There is no impact on our drinking water, which arrives from reservoirs outside of the city. No restrictions are placed on any groundwater other than the City Lights site.