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ORDER NU• ~J ~.J7
ADUF'r ORDINANL'E
pROHIHITING SULID WA5TE D'ISP'OSAL
IN KERR COUNTY
(F~ROViDiNG CIVIL AND CRIIhINAL PENALTIES)
On this the 9th day of August 1599, ~_ipon motion made by
Commissioner William<.;, seconded by Commissioner Griffin, the
Court ~.inanimously approved by a vote of 4-0-~D, the proposed
solid waste ordinance, as amenGed, and set a pi.iblic hearing
for same at 1~ o'clock a. m. on the morning of the Reg~_~lar
Session, i3 September i999, with thie notice of the meeting
and the ordinance being published for two consecutive
weeks prior to such hearing.
Pursuant to Sections 361.066, 363.112 end 364.012 of the Texas Health and ~i
Safety Code, the Commissioners' Court of Kerr County, Texas will consider i
a proposed ordinance prohibiting solid waste disposal in Kerr County and providing ~~
civil and criminal penalties. A public hearing has been set for 10:00 A.M. on
September 13, 1999 in the Commissioners' Court Courtroom, Kea County
Courthouse, 700 Main, Kerrville, Texas; any citizen wishing to testify regarding
this proposed ordinance is invited to attend this hearing.
LiSL 25957
A13 ORDINANCE PROHB):TING SOLID }y~'~ DDICPO~AIr ~
COUNTY
AdP
PROVIDING ~{~Arlp S~lAL PELIALI~F
Be it ORDAINID, ORDERID andADOP7ED by the Conunissiorers' Coun
of Kerr County, Texas:
SECTION 1. GENERAL PROVISIONS AND FINDINGS
THENCE South 45° West, 3,626.89 fee[ to a eoint for the most
southeasterly comer of tbisaracC, ~~,;.;~ - „ _. -
THENCE North 45° West, 527.00 fbet to a point for corner;
THENCE North 45° East, 147.22 feet [o a point for comer;
THENCE North 14° West, 863.61 fee[ to a southwesterly comer in the
said Survey 112;
THENCE North 45° East, 2,399.88 feet to a point for northwestedy comer
of this tract;
THENCE South 45° East, 140.00 feet to a point on the northwesterly
line of said Survey 111 and also on the southeasterly line of said Survey
112;
THENCE North 45° East, 635.00 feet long the noNtwesterly line of
said Survey I l l to the point of BEGINNING, CONTAINING 97.19 ACRES.
IT IS FURTHER ORDAINED AND ORDERED that the disposal of solid
ate is PROHIBITED in all other areas of Kerr County, Texas.
IN THIS ORDINANCE:
' "Solid Waste" means, subject to the limitations of 42 U.S.C. §6903(27) and
40 C.F.R. §261.4(a), garbage, mbbish, refuse, sludge from a waste treatment
'. plant, water sujtply treatment plant, or air pollution control facility, and other
WHEREAS, The Ketr County Commissioners Court has both the ~'discs[dedmatenal,includingsolid,GquidsemrsoGd.orcontainedgaseWSmatedal
responsibility and the authority to protect the health, safety and welfare of [he', resulting from industrial, rtunticipel, ccetntat:ial, mmmg, and agticuWnal operations
citizens of Kerr County, Texas and their propeRy interest; and ~ and from community and institutional activities. The term:
WHEREAS, sohd waste disposal, especially the disposal of solid waste (A) does not include
'~~ in landfills, is an activity that has high potential to negatively impact the health, (i) solid or dissolved material in domestic sewage, a solid or dissolved
safety and welfare of any community; and material in irrigation return flows, or industrial discharges subject
WHEREAS, there is cmrendy a permitted active municipal landfill in Kerr to regulation by permit issued under Chapter 26, Water Code:
~'~ County: and (ii) soil, dut, rock, sand, and odttr rratmal a mao-ntade fret[ solid materials
WHEREAS, this Court believes and hereby finds that further development used to fill land if the object of die fill is to make the tend suitable
'. or establishment of landfills in the county would consfiture an unacceptable for the construction of surface improvements; or
risk and threat to the pubhc health, safety and welfare for the reasons and firdings
stated below, among many others, to-wi[:
The Coun finds that the prtsence of solid waste disposal facilities in general
may negatively influence property vdues; and
The Court finds [hat under the circumstances existing in Kerr County,
additional solid waste facilities would constitute a public or private nuisance;
and
The Court finds that the transQortation of additional solid waste into the
County presents a threat of discharge of harmful materials into the.
environment; and '~
This Coun finds that adequate solid waste disposal already exists in this
county and that no others are needed in the County; and
The Coun finds that the prohibirion of solid waste disposal as provided
in this ordinance is necessary to prevent a grove and immediate threat [o
life and property; and
The Coun finally finds that such a prohibition is a necessary res)tonse
to a mat and substantial threat to public healtlt and safety, that such a prdubition
will significantly advance the health and safety of [he public and [hat the
prohibition does not impose a greater burden than necessary to protect the
public health and safety under the circumstance.
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS
NOW THEREFORE for the above reasons, and pursuant to the provisions
of Section 364.012 of the Texas Health and Safety Code, [he Kerr County
Commissioners' Court hereby ORDAINS, RESOLVES, ORDERS and
ESTABLISHES the following:
TT IS ORDAINED AND ORDERED that the disposal of solid waste within
Kerr County, Texas is NQQT prohibited in the following area:
A 97.19 acre tract of land, part of the Samuel Wdtace Survey I11, Abstract
359, and Survey 112, Apstract 360, Kea County, Texas, being more
paniculazly described by metes and bounds as follows:
BEGINNING at a point in [he northwesterly line of said Survey 111,
said point being located South 45° West, 429.0 feet from the northeasterly
line of Survey I11, and said point being [he most northerly comer of
the herein described [mcr,
THENCE South 45° East, 1, t 27.26 feet to a point for the most easterly
comer of this tract;
(iii) waste materials that result from activities associated with the
exploration, development, or production of oil or gas or geothermal
resources and other substance or material regulated by Railroad
Commission of Texas under Section 91.101, Natural Resources Code,
unless the waste, substance, or material results Crom activities
associated with gasoline plants, natural gas liquids processing
plants, pressure maintenance plants, or repressunzing plants and is
hazazdous waste as defined by the administrator of the United
States Envunnatental I'rotectionAgenty under the federal Sohd Waste
Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended (42 U.S.C. Section 69-t c[ seq.); or
(iv) waste materials produced by ordinary household activities or non-
toxic waste materials pnxhrced by ordinary agriculnre activities disposed
of on the agricultural propeay;; and
(B) does include hazazdous substances.
"Municip~j Solid Waste" means solid waste resulting from or incidental
to municipal, community, commercial, institutional, or recreariond activities,
and includes garbage, mbbish, ashes, street cleanings, dead anirttals, abandoned
automobiles and other solid waste other than industrial solid waste.
"Industrial Solid Waste" means solid waste resulting from or incidental [o
a process of industry or manufacturing, or mining or agricultural operations.
"Solid Waste Facility" means all contiguous land, including stmctures,
appurtenances, and other improvements on the land, used for processing,
storing, or disposing of solid waste. The term includes a publicly or privately
owned solid waste facility consisting of prceessing, storage, or disposal
operational units such as one or more landfills, surface impoundments, or a
combination of units.
~' "Affected Area" refers m the area of the County in which solid waste disposal
I!, is prohibited.
SECTION 4. CRIMINAL PENALTY
Disposal of solid waste in violation of this ordinance constitutes a class C
misdemeanor punishable by a fine not to exceed $500.00 per day.
Each day that a violation continues constitutes a separate offense trader this
ordinance.
5. SEVERABILITY
If any portion of [his ordinance is deemed to be in violation of the statutes
the constitution of this state of the United Stales by a court of competent
isdiction, said portion shad be severed, and the remaining portions of the
finance shall remain in full force and effect
:CTION 6. EFFECTIVE DATE
its ordinance shall become effective immediately upon adoption.
YUBLIC Nlllllai
nt to Sections 361.066, 363.112 and 364.012 of the Texas Health and
Code, the Commissioners' Court of Ketr County, Texas will consider!i
sed ordinance prohibiting sohd waste disposal in Kerr County and providing ~..
rd criminal penalfies. A public hearing has been set for 10:00 A.M. on
rber 13, 1999 in the Comrissioners' Court Courtroom, Kerr County
Ouse, 700 Main, Kemille, Texas; any citizen wishing to testify regarding
[posed ordinance is invited to attend this hearing.
L[0.. 25957
PROHIBITING SOLID '{TASTE DISPOSAL ]ZI
j~$$ COUNTY
A~IP
~ PROVIDINGCIViLAIYQCR__itif-NAI.pE~,~~
I Be it ORDAIN®, ORDERID atd ADOPTED by the Comtttissiorters' Court
of Ketr County, "Texas:
SECTION 1. GENERAL PROVISIONS AND FIlVDINGS
~. WHEREAS, The Kerr County Commissioners Court has both the
'responsibility and the authority to protect the health, safety and welfare of the;
citizens of Kerr County, Texas and their property interest; and I
WHEREAS, solid waste disposal, especially the disppoossal of solid waste
'~ in landfills, is an activity that has high potential to negativelymtpaa the health, ',
safety and welfare of any commumty; and
' WHEREAS, there is cuaentiy a permitted active municipal Lmdfill in Kerr
~' County; and
~ WHEREAS, this Court believes and hereby finds that further development
' or establishment of landfills in the county would consfitute an unacceptable
I, risk and threat m the public health, safety and welfare for the reasons and findings
stated below, among many others, to-wit: -
The Court finds that the presence of solid waste disposal facilities m general
may negatively influence property values; and
i The Court finds that under the circumstances existing in Kerr County,
additional sohd waste facilities would constitute a public or private nuisance;
I and
The Court finds that the transportation of additional solid waste into the
County presents a threat of discharge of harmful materials into the,
environment, and i
This Court hods that adequate solid waste disposal already exists in this
county and that no others aze needed in the County; and
The Court finds that [he prohibition of solid waste disposal as provided
in this ordinance is necessary [o prevent a grave and immediate threat to
life and property; and
The Court finally finds that such a prohibition is a necessary resRonse
to a real and substantial threat to pubhc health and safety, that such a prohtbition
will significantly advance the health and safety of the public and [hat the
prohibition does not impose a greater burden than necessary to protect [he
public health and safety under the circumstance.
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS
NOW THEREFORE for the above reasons, and pursuant to the provisions
of Section 364.012 of the Texas Health and Safety Code, the Kerr County
Commissioners' Court hereby ORDAINS, RESOLVES, ORDERS and
ESTABLISHES the following:
TT IS ORDAINED AND ORDERID that the disposal of solid waste within
Kerr County, Texas is NQT prohibited in [he following area:
A 97.19 acre tract of land, part of the Samuel Wallace Survey 111, Abstract
359, and Survey 112, Abstract 360, Ketr County, Texas, being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the nor
said point being located South 45° R
line of Survey 111, and said point
the herein described tract;
THENCE South 45° East, 1,127.2[
comer of this tract;
erly line of said Survey 111,
9.0 feet from the northeasterly
the most northerly comer of
THENCE South 45° West, 3,626.89 feet to a point for the most
southeasterly corner of this:[rach {~~,: ,. - ,,.___ -
THENCE North 45° West, 527.00 feet to a point for comer;
THENCE North 45° East, 147.22 feet to a point for comer;
THENCE North 14° West, 863.61 feet to a southwesterly corner tu the
said Survey 112;
TI IENCE Nonh 45° East, 2,399.88 feet to a point for mrthwestedy comer
of this tract;
THENCE South 45° East, 140.00 fee[ to a point on the northwesterly
line of said Survey 111 and also on fhe southeasterly line of said Survey
112;
THENCE North 45° East, 635.00 feet along the northwesterly line of
said Survey 111 to the point of BEGINNING, CONTAINING 97.19 ACItFS.
IT TS FURTHER ORDAINED AND ORDERED that the disposal of solid
waste is PROHIBITED in all other areas of Ken County, Texas.
',DEFINITIONS LN TH[S ORDINANCE:
' "Solid Wash" means, subject to ttrc limitations of 42 U.S.C. §6903(27) and
I! 40 C.F.R. §261.4(a), garbage, mbbish, refuse, sludge from a waste treatment
'plant, water supply treatment plant, or av pollution control facility, and other
discarded materal, including solid liquid, semisolid a contained gaseous material
resulting from ittdusnial, municipal, commercial, mining, and ag[itadbnal operations
and from community and institutional activities. The term:
(A) does not include
(i) solid or dissolved material in domestic sewage, or sohd or dissolved
material in irrigation return flows, or industrial discharges subject
to regulation by permit issued under Chapter 26, Water Code:
(ii) soil, dirt, rock, sand, and other natural omin-made inert solid materials
used to fill laud if the object of the fill is to make the land suitable
for the constmction of surface improvements; or
(iii) waste materials that result from activities associated with the
exploration, development, or production of oil or gas or geothermal
resources and other substance or material regulated by Railroad
Commission of Texas urtder Section 91.101, Natural Resources Code,
unless the waste, substance, or material results from activities
associated with gasoline plants, natural gas liquids prceessing
plants, pressure maintenance plants, or repressunzing plains and is
hazardous waste as defined by the administrator of the United
States Environmental Protection Agency order the federal Sohd Waste
Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended (42 U.S.C. Section 69-1 et segJ; or
(iv) waste materials produced by ordinary household activities or non-
toxic waste materials prodreed by onfinary agtiwlture activities disposed
of on the agricultural property;; and
(B) does include hazardous substances.
ial Solid Waste" means solid waste resulfing from or incidental
,community, commercial, institutional, or recreational activities,
garbage, mbbish, ashes, street cleanings, dead animals, abandoned
and other solid waste other than industrial solid waste.
"Industrial Solid Waste" means solid waste resulting from or incidental to
a process of industry or manufacturing, or mining or agricultural ope[ations.
"Solid Waste Facility" means all contiguous land, including s[mctures,
appurtenances, and other improvements on the land, used for processing,
storing, or disposing of solid waste. The term includes a publicly or privately
gowned solid waste facility consisting of prceessing, storage, or disposal
operational units such as one or more landfills, surface impoundments, or a
combination of units.
"Affected Area" refers to the area of the County in which sohd waste disposal
',is prohibited.
SECTION 4. CRIMINAL PENALTY
Disposal of solid waste in violation of this ordinance constitutes a class C
misdemeanor punishable by a fine no[ [o exceed $500.00 per day.
Each day that a violation continues constitutes a separate offense under this
ordinance.
SECTION 5. SEVERABILITY
If any portion of this ordinance is deemed to be in violation of the statutes
or [he constitution of [his state of the United States by a court of competent
jurisdiction, said portion shad be severed, and the remaining portions of the
ordinance shall remain in full force and effect
SECTION 6. EFFECTIVE DATE
This ordinance shall become effective immediately upon adoption. _ J
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOC[JMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE: August 9, 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss adopting an ordinance prohibiting solid waste disposal in Kerr County and
providing civil and criminal penalities.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Judge
Time for submitting this request for Cour[ to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
5:00 P.M. previous Tuesday.
NO.
AN ORDINANCE PROHIBITING SOLID WASTE DISPOSAL IN KERR COUNTY
AND
PROVIDING CIVIL AND CRIMINAL PENALTIES
Be it ORDAINED, ORDERED and ADOPTED by the Commissioners' Court of Kerr County,
Texas:
SECTION 1. GENERAL PROVISIONS AND FINDINGS
WHEREAS, The Kerr County Commissioners Court has both the responsibility and the authority
to protect the health, safety and welfaze of the citizens of Kerr County, Texas and their property interest;
and
WHEREAS, solid waste disposal, especially the disposal of solid waste in landfills, is an activity
that has high potential to negatively impact the health, safety and welfare of any community; and
WHEREAS, there is currently a permitted active municipal landfill in Kerr County; and
WHEREAS, this Court believes and hereby finds that further development or establishment of
landfills in the county would constitute an unacceptable risk and threat to the public health, safety and
welfaze for the reasons and findings stated below, among many others, to-wit:
The Court finds that the presence of solid waste disposal facilities in general may negatively
influence property values; and
The Court finds that under the circumstances existing in Ken County, additional solid waste
facilities would constitute a public or private nuisance; and
The Court finds that the transportation of additional solid waste into and through the
County presents a threat of discharge of harmful materials into the environment; and
This Court Ends that adequate solid waste disposal already exists in this county and that no
others aze needed in the County; and
The Court finds that the prohibition of solid waste disposal as provided in this ordinance is
necessary to prevent a grave and immediate threat to life and property; and
The Court finally finds that such a prohibition is a necessary response to a real and
substantial threat to public health and safety, that such a prohibition will significantly advance the
health and safety of the public and that the prohibition does not impose a greater burden than
necessary to protect the public health and safety under the circumstance.
SECTION 2. SUBSTANTIVE PROVISIONS AND DEFINITIONS
NOW THEREFORE for the above reasons, and pursuant to the provisions of Section 364.012 of
the Texas Health and Safety Code, the Kerr County Commissioners' Court hereby ORDAINS,
RESOLVES, ORDERS and ESTABLISHES the following:
IT IS ORDAINED AND ORDERED that the disposal of solid waste within Kerr County, Texas
is not prohibited in the following azea:
A 97.19 acre tract of land, part of the Samuel Wallace Survey 111, Abstract 359, and Survey 112,
Abstract 360, Kerr County, Texas, being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the northwesterly line of said Survey 111, said point being
located South 45° West, 429.0 feet from the northeasterly line of Survey 111, and said
point being the most northerly corner ofthe herein described tract;
THENCE South 45° East, 1,127.26 feet to a point for the most easterly corner of this tract;
THENCE South 45° West, 3,626.89 feet to a point for the most southeasterly corner of this
tract;
THENCE North 45° West, 527.00 feet to a point for corner;
THENCE North 45° East, 147.22 feet to a point for corner;
THENCE North 14° West, 863.61 feet to a southwesterly corner in the said Survey 112;
THENCE North 45° East, 2,399.88 feet to a point for northwesterly corner of this tract;
THENCE South 45° East, 140.00 feet to a point on the northwesterly line of said Survey
111 and also on the southeasterly line of said Survey 112;
THENCE North 45° East, 635.00 feet along the northwesterly line of said Survey 11 I to
the point of BEGINNING, CONTAINING 97.19 ACRES.
IT IS FURTHER ORDAINED AND ORDERED that the disposal of solid waste is
PROHIBITED in all other azeas of Kerr County, Texas.
DEFINITIONS IN THIS ORDINANCE:
"Solid Waste" means, subject to the limitations of 42 U.S.C. §6903(27) and 40 C.F.R. §261.4(a),
gazbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution
control facility, and other discazded material, including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, municipal, commercial, mining, and agricultural operations and from
community and institutional activities. The term:
(A) does not include
(i) solid or dissolved material in domestic sewage, or solid or dissolved material in
irrigation return flows, or industrial discharges subject to regulation by permit issued
under Chapter 26, Water Code:
(ii) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill
land if the object of the fill is to make the land suitable for the construction of
surface improvements; or
(iii) waste materials that result from activities associated with the exploration,
development, or production of oil or gas or geothermal resources and other
substance or material regulated by Railroad Commission of Texas under Section
91.101, Natural Resources Code, unless the waste, substance, or material results
from activities associated with gasoline plants, natural gas liquids processing plants,
pressure maintenance plants, or repressurizing plants and is hazardous waste as
defined by the administrator of the United States Environmental Protection Agency
under the federal Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as amended (42 U.S.C. Section 69-1 et seq.); and
(B) does include hazardous substances.
"Municipal Solid Waste" means solid waste resulting from or incidental to municipal, community,
commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles and other solid waste other than industrial solid waste.
"Industrial Solid Waste" means solid waste resulting from or incidental to a process of industry or
manufacturing, or mining or agricultural operations.
"Solid Waste Facility" means all contiguous land, including structures, appurtenances, and other
improvements on the land, used for processing, storing, or disposing of solid waste. The term includes a
publicly or privately owned solid waste facility consisting of processing, storage, or disposal operational
units such as one or more landfills, surface impoundments, or a combination of units.
"Affected Area" refers to the azea of the County in which solid waste disposal is prohibited.
SECTION 4. CRIMINAL PENALTY
Disposal of solid waste in violation of this ordinance constitutes a class C misdemeanor punishable
by a fine not to exceed $500.00 per day.
Each day that a violation continues constitutes a sepazate offense under this ordinance.
SECTION 5. SEVERABILITY
If any portion of this ordinance is deemed to be in violation of the statutes or the constitution of
this state of the United States by a court of competent jurisdiction, said portion shall be severed, and the
remaining portions of the ordinance shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE
This ordinance shall become effective immediately upon adoption.
Read and adopted this day of
ayes and nays.
1999, by a vote of
Ken County Judge
ATTEST:
KERx COUNTY C[.Extc
76(R) SB 486 Engrossed version - Bill Text
Page 1 of 2
ey: Brown S.B. No. 986
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the processing or disposing of solid waste.
1-2 ~ BE IT ENACTED BY THE LEGISLATURE OF THE STATE O EXAS:
1-3 SECTION 1. Section 361.066, Health and Safety Code, is
1-9 amended by amending Subsection (a) and adding Subsection (c) to
1-5 read as follows:
1-6 -' (a) An applicant must submit any portion of an application
1-7 that the commission determines is necessary to make the application
1-8 administratively complete not later than the deadline set b~_the
1-9 commission under Subsection (c) ('~0-' relay-a=`===~--h~~
1-lU i.~ai+te:---n ___ _ __- _ _ ,.-~t-tl~e-~dclit3~on
1 - 11 3_r--.-.? ~?=?~1-}1rnC'ed2d) -
1-12 (c) The commission b rule shall establish a deadline for
y-------- - ------
1-13 the submission of additional informa_t ion _or ma__terial after the
i-14 applicant receives notice from the commission that the information
1-15 or material is needed to make the application administrative
1-16 complete.
1-17 SECTION 2. Section 361.152, Health and Safety Code, is
1-18 amended to read as follows:
1-19 Sec. 361.152. LIMITATION ON COUNTY POWERS CONCERNING
1-20 INDUSTRIAL SOLID WASTE. The powers specified by Sections
1-21 361.154-361.162 and Section [~R~=~~1 364.011 [,-'~°>o "-r~^ =1
1-22 (County Solid Waste Control Act) may not be exercised by a county
1-23 with respect to the industrial solid waste disposal practices and
1-24 areas to which Section 361.090 applies.
2-1 SECTION 3. Section 363.112, Health and Safety Code, is
2.-2 amended by amending Subsections (a) and (c) and adding Subsections
2-3 (d) and (c) to read as follows:
2-q (a) To prohibit the processing or disposal of municipal or_
2-5 industrial solid waste in certain areas of a municipality or
2-6 county, the governing body of the municipality or county must by
2-7 ordinance or order specifically designate the area of the
2-8 municipality or county, as appropriate, in which the disposal of
2-9 municipal or industrial solid waste will not be prohibited.
2-10 (c) The governing body of a municipality or county may not
2-11 prohibit the processi nag or disposal of municipal or industrial
2-12 solid waste in an area of that municipality or county for which:
2-13 (1) an application for a permit or other authorization
2-14 under Chapter 361 has been filed with and is pending before the
2-15 commission; or
2-16 (2) a permit or other authorization under Chapter 361
2-17 has been issued bV the commission.
2-18 (d) The commission maV not grant an application for a permit
2-19 to process or dispose of municipal or industrial solid waste in an
2-20 area in which the processing or disposal of municipal or industrial
2-21 solid waste is prohibited bV an ordinance or order authorized by
2-22 Subsection (a) unless the governing body of the municipality or
2-23 county violated Subsection (c) in passing the ordinance or order.
2-24 The commission by rule may establish procedures for determining
2-25 whether an application is for the processing or disposal of
2-26 municipal or industrial solid waste in an area for which that
3-1 ~rocessinq or disposal is prohibited by an ordinance or order.
3-2 (e) The powe r^ specified by this section may not be
3-3 e_xe rcised by the governing body of a municipality or county with
3-4 respect to areas to which Section 361.090_~ph es ["'~'~~
3-5 ~
3-6
3-7 363-0631-
3-8 SECTION 4. Section 364.012, Health and Safety Code, is
3-9 amended by amending Subsections (a) and (b) and adding Subsections
76(R) S[3 486 Engrossed version - 13111 "Text Page 2 of 2
3-10 (e), (f), and (g) to read as follows:
3-11 (a) The county may prohibit the disposal. of m_u_n_ic ~a l_ or
3-12 industrial solid waste in the county if the disposal of the
-._.
3-13 municipal or industrial solid waste is a threat to the public
3-14 health, safety, and welfare.
3-15 (b) To prohibit the disposal of munic~al or industrial
3-16 solid waste in a county, the commissioners court must adopt an
3-17 ordinance in the general form prescribed for municipal ordinances
3-18 specifically designating the area of the county in which mu_nici al
3-19 o_r_industrial solid waste disposal is not prohibited. [T-he
3-20
3-21 g '
3-22 ~1
3-23 (e) Thz commissionz rs court of a.c ounty_may_ not_prohi b.i t. the
3-24 processinq_or disposal of municrpa_1 or industrial solyd :vas t«' rn an
3-:J arC.a OL thdt co'.ln ty '.Or wh lch:
'-26 (1) an atnlicatlou ,.oc a permit or other autho a zation
4-1 undzr Chapter 361 has been filed with and is pending before the
4-2 c__o__m_mission; or
9-3 (2) awe rmi t. or othe r_au_thorization under Chester 361
4-4 h_a s_ been issued by t_he c_om_m_i ssion.
4-5 (f) The commi ssio n_ m~ not grant an application for a j~ermit
4-6 to process or dispose ofmunicipal or industrial solid waste in an I
4-7 ~ area in which the processing or disposal of municipal or industrial (?'
4-8 /1 solid waste is prohibited by an ordinance, unless the county
9-9 violated Subsection (e) in_ passimthe ordinance. The commission_ 1
4-10 ~ b_y rule may s~ecify_the procedures for determining whether an _ J
4-11 application is for the processing or disposal of municipal or
4-12 industrial solid waste in an area for which that processing or
4-13 d__i s_posal is prohibited by_an ordinance.
4-14 (g) _T_he_powe rs specified_~_ this section ma_Y_ not be
9-15 ex_e rcised by a county wi_th__re_s_pect to areas to which Section
4-16 _3_6.1._0_90 applies=
4-17 ~ SECTION 5. (a) This Act takes effect September 1, 1995.
4-18 (b) The provisions of this Act, as amended and added by this
9-19 Act, apply only to an application submitted on or after the
9-20 effective date of this Act.
4-21 SECTION 6. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
9-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.
)
76(R) SI3 486 -Amendment Text
Amend SB 486 by striking Subsection (b) of SECTION 5 of the
bill (House Committee Printing, page 9, lines 18 through 20) and
substituting a new Subsection (b) to read as follows:
(b) The changes in law made by Sections 2, 3, and 4 of this
Act apply only to an application filed after September 1, 1999, if
an ordinance has been adopted by a commissioners court by September
1, 1999. The changes in law made by Sections 2, 3, and 4 of this
Act also apply to an application filed between September 1, 1998,
and September 1, 1999, unless the commissioners court published
notice by September 1, 1999, in accordance with any applicable
notice provisions of Chapter S51 Government Code, of intent to
enact an ordinance and the ordinance has been enacted by January 1,
2000.
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Information on Kerrville Landfill
The current landfill within the city limits is owned by the city, with an operational
contract pending with BFI. The two signed a new contract in 1998, tying BFI to the
landfill for another eight yeazs.
Originally, the landfill covered 97.19 acres. Only 82 of these acres were usable,
due to various laws restricting the use of the edges of the landfill. In 1993, Subtitle D
required the landfill to be lined with plastic or clay to prevent leakage of liquid waste into
the surrounding soil. Also, Subtitle D required the landfill to be monitored for 30 years
after the landfill was closed, which is very expensive. So, the city closed 47 of the acres to
begin monitoring. As a result, the total area remaining is 50.19 acres, with 35.1 actually
fillable.
The city sponsers compost and recycling programs that save approximately one
acre of the landfill per yeaz, along with $260,000 of operating costs. With this figure
deducted, every yeaz about 33,000 tons aze put into the landfill, and about 4.5 of the total
acres of the landfill aze used.
At the moment, the landfill is 40 feet deep and is expected to have azound 10 yeazs
left. There is a propostition to leave the land acreage unchanged, but extend the depth of
the landfill to 80 feet. This is expected to expand the life of the landfill to 20 yeazs,
doubling the expectancy, if it is accepted. TNRCC has to review the administrative and
ecological aspects of the proposal to extend the depth, and then will approve the proposal.
The entire process, including the expansion, should be completed within the yeaz.
Senate Bill 486
The Health and Safety Code SecBons 361.066, 363.112, and 364.012, were amended by Senate Bi11486,
to take effect on September 1, 1999.
Any landfill permit application submitted before September 1 will be judged according to [he former rule.
As Section 361.066 first stated, according to the Solid Waste Disposal Act, an applicant will have 270 days to
submit additional information to the Texas Natural Resoluce Conservation Commission (TNRCC), who will then
judge if the application is administratively complete. This rule was often used to the applicants' favor, allowing
them to start the process earlier than they were ready.
The TNRCC, by amending this bill, will shorten the length of 270 days. The process to check the
application normally takes anywhcn: from 60 to 120 days. The TNRCC will then have the ability to set a deadline
under Subsection C of Section 361.066. This ability was supposed to take effect on September 1, but TNRCC has
had no internal meetings as of today. So, they will begin, as of September 1, to check applications far obvious lack
of components every 60 days. An absolute nde is expected [o be put in place in eight to nine months.
A notice must be published in the most widely read newspaper published in the county, the Kerrville Daily
Times, at least once, before proposal of a new landfill in the county. This notice must include a description of the
location of the landfill, a statement that someone affected by the facility may request a hearing, and a mode of
contacting the commission for further information.
If the county wants to prohibit the disposal of solid waste in a county due to a threat to the public, the
commissioners court must adopt an ordinance specifically designating where the disposal of solid waste will no[ be
prohibited. The proposed ordinance must be published in a newspaper of general circulation for two consecutive
weeks before the court considers the ordinance. This notice must include a statement of time, place, and date that
the commissioners court will consider the ordinance, and a notice that any citizen of the county may testify at the
hearing.