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. 20149) is available for download in portable document format (PDF). You can complete the application form electronically in Adobe Acrobat or Acrobat Reader.
- The
CORE Data Form (TCEQ Form No. 10400)
must be submitted with new MSD Applications to create Central Registry database information (as of November 15, 2017). Please submit an updated version of this form to the TCEQ whenever Customer or Regulated Entity information changes.
Instructions to assist you in completing the CORE Data Form (TCEQ Form No. 10400) - The
Correspondence ID Form (TCEQ Form No. 20428) must accompany all correspondence submitted to Remediation Division programs and should be affixed to the front of your submittal(s) as a cover page. Correspondence ID form instructions
.
Guidance
- The TCEQ has published a 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.
- Refer to this information on Statutory Notification Requirements for the Municipal Setting Designation Program.
- Additional guidance on submitting MSD applications can be found in the 2023 TCEQ Trade Fair Presentation: Municipal Setting Designation (MSD) Applications: Avoiding Common Mistakes
MSD Site and Certification Information
Check here to search for status of submitted applications.
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.
MSD Email or Text Updates
Receive email or text updates on MSDs. See additional options for email and text updates on remediation topics.