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

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redevelopment of the properties within this designated boundary consistent with the goals of the City. 6. The City Council held a public hearing on December 19, 2023 regarding this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That for purposes of this municipal setting designation ordinance, the "designated property" means the properties contained within the boundary described in Exhibit A attached to the ordinance. SECTION 2. That for purposes of this municipal setting designation ordinance, "designated groundwater"means water below the surface of the designated property to a depth of 300 feet. SECTION 3. That use of the designated groundwater from beneath the designated property as potable water,as defined in Section 361.801(2)of the Texas Health and Safety Code, and the following uses of or contacts with the designated groundwater are prohibited: (a) Human consumption or drinking. (b) Showering or bathing. (c) Cooking purposes. (d) Irrigation of crops for human consumption. SECTION 4. That the City Council supports the application to the Texas Commission on Environmental Quality for certification of a municipal setting designation for the designated property. SECTION 5. That any person owning,operating, or controlling the designated property remains responsible for complying with all applicable federal, state, and local statutes, ordinances, rules, and regulations relating to environmental protection, and that this municipal setting designation ordinance in itself does not change any environmental assessment or cleanup requirements applicable to the designated property. SECTION 6. That approval of this municipal setting designation ordinance shall not be construed to subject the City of San Marcos to any responsibility or liability for any injury to persons or damages to property caused by any chemical of concern. SECTION 7. That within 60 days after adoption of this municipal setting designation ordinance, the City Manager shall cause to be filed a certified copy of this municipal setting designation ordinance in the deed records of the county where the designated property is located.