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Municipal Setting Designations

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.

Contemplating an MSD?

If you are contemplating an MSD, here are some items to consider:

  • Have you verified the property meets the eligibility criteria [THSC §361.803]?
  • Evaluate the likely assessment and remediation flexibility gained from the MSD:
    • What is the density of potable wells within ½ mile of MSD boundary that might require assessment under THSC §361.808?
    • What exposure pathways would still require assessment and remediation after obtaining an MSD?
  • Have you discussed an MSD with the municipality(ies) and retail public utility(ies)? Can you garner their support via ordinance and/or resolution?
  • Have you conducted the 5-mile search of private water wells registered with the TCEQ to consider the scope of water well owners that will require notification?

MSD Forms and Guidance

Forms

  • The MSD Application Form (TCEQ Form No. 110816) is available for download in portable document format (PDF). You can complete the application form electronically in Adobe Acrobat or Acrobat Reader.

Guidance

MSD Site Information Spreadsheet

Check here for the status of submitted applications.

Statute

Chapter 361, Texas Health and Safety Code, §§361.801-808 Exit the TCEQ- Texas Constitution and Statutes, Texas Health and Safety Code, Chapter 361, Subchapter W.

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.

Authorizing Legislation

House Bill 3152, 78th Legislature, effective September 1, 2003 (see Enrolled version) Exit the TCEQ- Texas Legislature Online
House Bill 2018, 80th Legislature, effective May 25, 2007 (see Enrolled version) Exit the TCEQ- Texas Legislature Online
House Bill 2826, 82nd Legislature, effective September 1, 2011 (see Enrolled version) Exit the TCEQ- Texas Legislature Online

MSD Listserv

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