These links change page section content below
About MSD
MSD is an official state designation given to property within a municipality or its extraterritorial jurisdiction that certifies that designated groundwater at the property is not used as potable water, and is prohibited from future use as potable water because that groundwater is contaminated in excess of the applicable potable-water protective concentration level. The prohibition is noted in the form of a city ordinance, or a restrictive covenant that is enforceable by the city and filed in the property records.
MSDs prohibit the use of impaired shallow groundwater as potable water. The City's ordinance defines potable water as water that is used for irrigation, production of food or drink products intended for:
- human consumption
- drinking
- showering
- bathing
- cooking
An MSD does not remove any liability from the property owner, nor does it shift any liability to the City.
History
In 2003, the Texas Legislature authorized the creation of MSDs, which would designate an area in which the use of contaminated groundwater is prohibited from use as potable water.
The intent of the legislation is to encourage redevelopment of vacant or abandoned properties while protecting the public health. The law is administered by Texas Commission on Environmental Quality (TCEQ).
On April 07, 2016, City Council approved an ordinance which provides a process for supporting or not supporting a MSD application to the State.