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The newest regulatory program available to owners of contaminated properties is only available in those Texas cities that have passed a local ordinance permitting a restriction on the use of shallow groundwater.In essence, if all of the exposure pathways to contamination have been eliminated by cleanup or other means, and the only potential human exposure pathway that remains is for contaminated groundwater, a MSD will put a local restriction on the use of that groundwater so that further cleanup is not required. Significant study is required to convince both the local municipal jurisdiction (typically, a city’s environmental department) and the TCEQ that contamination on the site has been fully delineated. Notification of all potentially involved neighboring properties where the contaminated groundwater might be present or could migrate is also required.
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