ORDER NO. c6~41
RE'P'ROVE ORDINANCE
PROHIBITING SOLID WRSTE DISPOSRL
IN rERR COUNTY
AND PROVIDING CIVIL RND CRIMINRL PENALTIES
On this the 7th day of September 1999, upon motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the
Court unanimously approved by a vote of 4-0-0, adopting the
Ordinance P'r'ohibiting Solid Waste Disposal in N.er•r County and
P'r'oviding Civil and Criminal Penalties.
NO. z6oni
AN ORDINANCE PROHIBITING SOLID WASTE DISPOSAL IN KERR COUNTY
AND
PROVIDING C1VIL AND CRIMINAL PENALTIES
Be it ORDAINED, ORDERED and ADOPTED by the Commissioners' Court of Kerr County,
Texas:
SECTION I. GENERAL PROVISIONS AND FINDINGS
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
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 Facilities in general may negatively
influence property values; and
The Court finds that under the circumstances existing in Kerr County, additional Solid
Waste Facilities would constitute a public or private nuisance; and
The Court Ends that the transportation of additional Solid Waste into the County presents a
threat of discharge of harmful materials into the environment; and
This Court finds that adequate sohd waste disposal already exists in this County and that no
others are 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 Ken County, Texas
is NOT prohibited in the following azea:
A. 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 particulazly 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 comer of the 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 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 point of BEGINNING, CONTABVING 97.19 ACRES.
B. Tracts or pazcels of ]and owned by the City of Kerrville currently lying within the city limits
of Kerrville (specifically excluding land located within the extra-territorial jurisdiction of the
City of Kerrville) and contiguous to the azea described in Section 2 (A) above.
IT IS FURTHER ORDAINED AND ORDERED that the disposal of Solid Waste, in a Solid
Waste Facility, is PROHIBITED in all other azeas of Ken County, Texas.
DEFII~IITIONS 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 discarded 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 raterial 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; 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 6901 et seq.); or
(iv) waste materials produced by ordinary household activities or non-toxic waste
materials produced by ordinary agriculture activities disposed of on the agricultural
property; 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 Facilitv" 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.
"TNRCC" means the Texas Natural Resources Conservation Commission.
"Affected Area" refers to the azea of the County in which Solid Waste disposal is prohibited.
SECTION 4. CRIMINAL PENALTY
Disposal of Sohd 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 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. EXCLUSIONS
This ordinance does not prohibit the processing or deposit of Municipal Solid Waste or Industrial
Solid Waste in azeas of Kerr County for which:
A. An application for a permit or other authorization under Chapter 361 of the Texas Health
and Safety Code has been filed with and is pending before the TNRCC as of the effective
date of this ordinance; or
B. A permit or other authority under Chapter 361 of the Texas Health and Safety Code has
been issued by TNRCC as of the date of this ordinance; or
C. Section 361.090 of the Texas Health and Safety Code applies.
SECTION 7. EFFECTIVE DATE
This ordinance shall become effective immediately upon adoption.
Read and adopted this 27th day of September, 1999, by a vote of 4- ayes and 0 nays.
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Ken County Judge
ATTEST:
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