4lDOF'-!' ORUIfJfafdCE: F'ROI-iIl3ITIPdG "DI_IL; PlRS~fF UISF='USF;L
On tI-ii::; hlie 13t1-i duty of '~'ap'L-EQIbeT' 1`:~~3, ~apar-i niotiun made by
Cc~ramissioncar~ Grii`i'ir~, secr,nded by Cc,mmissioner Williams, the
Co~rr~t unanimously approved by a vote of 4-~-0, t,ahl:ing
..
~or~s~.dcera ~.on of i:t~e propr~seed ordiirair~c.'re uriti.7. t:hE~ .~eptr~mber.
c('-i, 19J_i, :~h~>ci=+7. iromrnissi.oni~r•s' ~_,o!~rt- hteei.iny.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE: September 13, 1999 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Public Hearing on the proposed ordinance prohibiting solid waste disposal in Ken County.
Close public hearing and consider and discuss proposal.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT
Count~Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court 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:
5:00 P.M. previous Tuesday.

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.
Pursuant to Sections 361.066, 363.112 and 364.012 of the Texas Health ands
Safety Code, the Commissioners' Court of Kerr County, Texas will consider .
a Proposed ordinance prohibiting solid waste disposal in Kerz County and providing
civil and criminal pe~al~ies. A public hearing has been set for 10:00 A.M. on
September 13, 1999 in the Commissioners' Court Courtroom, Kerz County
Courthouse, 700 Main, Kerrville, Texas; any titian wishing m testify regarding
this proposed ordinance is invited to attend this hearing.
lYS2.25957
AIS' ORDLNA.. NCE pR0 ~ ~ ~ WAS' p~POSAL IN
Al`ILI
PROVIDING ~ ~ CRIMBV~ p .NA . R
Be it ORDAINED, ORDERID andADOPTED 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 [o protect the health, safety and welfare of the
citizens of Ken County, Texas and [hev 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 Kerz
(County; and
WHEREAS, this Court believes and hereby Curds that further dcvelopmen[
or establishment of landfills in the county would constimte an unacceptable
'~ risk and threat to the public health, safety and welfare for the reasons and findings
stated below, among many others, to-wit: ,
The Coun finds that the presence of solid waste disposal facilities N general
may negatively influence property values; and
The Coun finds that under the circumstances existing in Kerz County,
additional solid waste facilities would constitute a pubic or private nuisance;
and
' The Coun finds that the trans~onation of additional solid waste into the ~,
County presents a threat of drscharge of harmful materials into the
environment and
This Coun finds [ha[ adequate solid waste disposal already exists in this
county and [ha[ no others aze needed in the County; and
The Coun finds that the 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 Coun finally finds that such a prohibition is a necessary response
i to a teal 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 ro 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
Kerz County, Texas is Iy.QT prohibited in the following area:
A 97.19 age tract of land, pan of the Samuel Wallace Survey 111, Abstract
359, and Survey 112, Abstract 360, Kerr County, Texas, being more
paniculazly described by metes and bounds as follows:
BEGINMNG at a point in the northwesterly line of said Survey I11,
said point being located South 45° West, 429.0 feet from the northeasterly
' line of Survey 1 11, and said point being the most northerly corner ofI
[he herein described track,
THENCE South 45° East 1,127.26 feet to a point for the
comer of [his tract;
THENCE South 45° West, 3,626.89 feet to a point for the most
sou[heastedy comer of this;[racl; ~; ~ , -
THENCE North 45° West, 527.(]0 feet to a point for corner;
THENCE North 45° East, 147.22 feet to a point for comer;
THENCE NotYh 14° West, 863.61 feet to a southwesterly corner N the
said Survey 112;
THENCE North 45° East, 2,399.88 feet m a point for northwesterly 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 along the northwesterly line of
said Survey 111 to the poim of BEGINNING. CONTAINING 97.19 ACRES.
IT TS FURTHER ORDAINID AND ORDERED draz the disposal of solid
waste is PROHIItITED in all other areas of Kerr County, Texas.
,,DEFINITIONS I~ ~ O IN NCF•
"Solid Waste" means, subject to the Bmitations of 42 U.S.C. §6903(27) and
x'40 C.F.R. §261.4(a), garbage, mbbish, refuse, sludge from a waste treatment
plant, water supply treatment plant or air pollution control facility, and other
discazded ntateoal, including solid liquid, semrsoh'd, or txrorained gaseous material
resulting fiom utdrntrial, mumicipal, mmtttacial, mining, and agticulnual operadoas
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:
(B) soil, din, rack, sand, atd other natural amen-made irru[ solid taterials
used to fill land if the object of the fill is to [[take [he land suitable
for the construction of surface improvements; or
(iii) waste materials [hat 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 Resourrrs Cade,
unless the waste, substance, or material results from activities
associated with gasoline plants, natural gas liquids pprceessing
plants, pressure maintenance plants, or repressurizing plants and is
hazardous waste as defined by the administrator of the United
States Environmental Protection A under the federal Solid Waste
Disposal Act as amended by [he esource Conservation and
Recovery Act, as amended (42 U.S.C. Section 69-1 e[ seq.); or
', (iv) waste materials produced by ordinary household activities or non-
e. toxic waste nratenais P by ordrnazy agicrilture activities disposed
of on the agricultural property;; and
(B) does include hazardous substances.
"Municipal Solid Wa_r "means solid waste resulting from or incidental
to municipal, community, commercial, institutional, or recreational activities,
and includes garbage, mbbish, ashes, street cleanings, dead animals, abandoned
automobiles and other solid waste other than industrial solid waste.
"Industrial Solid War ^ 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 pubady 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.
"A ec[P ma" refers [o the area of the County m which solid waste disposal
is prohibited.
SECTION 4. CRE14BsiAL PENALTY
Disposal of solid waste in violation of this ordinance constitutes a class C
ndsdemeanor punishable by a fine not to exceed $500.00 per day.
Each day that a violation continues constitutes a separate offense under this
ordinance.
SECTION 5. SEVERABILITY
any portion of this ordinance is deemed to be in violation of the smtutes
e constitution of this state of the United States by a coon of competent
fiction, said portion shad be severed, and [he remaining portions of the
lance shall remain in. fall force and effect.
TION 6. EFFECTIVE DATE
ordinance shat] become effective immediately upon adopting J