Ord 2023-087 prohibiting the use of designated groundwater from beneath certain property and supporting certification of a Municipal Setting Designation by the Texas Commission on Environmental Quality

Home Browse Search

ORDINANCE NO. 2023-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS PROHIBITING THE USE OF DESIGNATED GROUNDWATER FROM BENEATH CERTAIN PROPERTY AND SUPPORTING CERTIFICATION OF A MUNICIPAL SETTING DESIGNATION BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. Subchapter W, "Municipal Setting Designations," of Chapter 361, "Solid Waste Disposal Act," of the Texas Health and Safety Code authorizes the Texas Commission on Environmental Quality to create municipal setting designations. 2. Pursuant to Section 551.005(a) of the Texas Local Government Code, for the purpose of establishing and enforcing a municipal setting designation, the governing body of a municipality may regulate the pumping, extraction, or use of groundwater by persons other than retail public utilities, as defined by Section 13.002, Water Code, to prevent the use of or contact with groundwater that presents an actual or potential threat to human health. 3. Pursuant to Section 551.005(b) of the Texas Local Government Code, for the purpose of establishing and enforcing a municipal setting designation, the governing body of a municipality by ordinance may extend to the extraterritorial jurisdiction of the municipality the application of municipal ordinances. 4. The City Council finds that: (a) The eligibility criteria of Section 361.803 of the Texas Health and Safety Code have been met; (b) This municipal setting designation ordinance will not have an adverse effect on the current or future water resource needs or obligations of the City of San Marcos; (c) There is a public drinking water supply system that satisfies the requirements of Chapter 341, Minimum Standards of Sanitation and Health Protection Measures,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 (d) This municipal setting designation ordinance is necessary to protect the public from any chemicals of concern that exceed concentrations considered safe for human ingestion; and 5. Passing this municipal setting designation ordinance will encourage the safe