An 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 must
be in the form of a city ordinance, or a restrictive covenant that
is enforceable by the city and filed in the property records.
Authorizing Legislation
House Bill
3152, 78th Legislature, effective September 1, 2003
House Bill
2018, 80th Legislature, effective May 25, 2007
Statute
Chapter
361, Texas Health and Safety Code, §§361.801-808
Regulations
Draft rules were taken to the August 11, 2004 Commissioner's
agenda for consideration for formal proposal. At the agenda, the
decision was made to remand the draft rule.
Statutory Notification Requirements
Refer to this information on Statutory
Notification Requirements for the Municipal Settings Designation
Program.
Application Status
Check here for the status of submitted
applications.
MSD Application Form
The MSD
application form is available for download in portable document
format (PDF). You can complete the application form electronically
in Adobe Acrobat or Acrobat Reader by mouse-clicking the applicable
yes/no "radio buttons," mouse-clicking boxes in the form to
"checkmark" them, and by typing in the requested information as
applicable. Please follow the directions offered in the form to
guide the completion and submission of the application form.
Contact the Remediation Division at 512-239-2200 if you have
questions.
MSD Guide for Cities
The TCEQ has published this Guide for
Cities (GI-326) to introduce MSDs to city governments. This
helpful information can also be used by potential applicants when
approaching cities regarding a proposed MSD.
Contemplating an MSD?
If you are contemplating an MSD, here are some simple factors to
consider:
- Have you verified the property meets the eligibility criteria
[THSC §361.803]?
- Assess the likely assessment and remediation flexibility from
the MSD:
-What is the density of potable wells within ½ mile of MSD
boundary? Will assessment and remediation efforts be significantly
different from what would be required without an MSD?
-What are the other likely groundwater exposure pathway concerns
(assessment levels and cleanup levels) and would they drive actions
equivalent to those needed to address the groundwater ingestion
pathway?- Have you discussed it with the municipality and retail public
utility? Can you garner their support via ordinance and/or
resolution?
- Have you conducted the 5-mile inventory of private water wells
registered with the TCEQ for notification and considered the
notification of all the parties requiring notice?
A quick evaluation of these factors may help you determine if an
MSD is right for you.
Web Page Updates
Would you like to receive an email when we update this web page
or have announcements regarding MSDs? Refer to the instructions
for signing up to the MSD listserv.
