Commissioners Court Meeting

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Meeting Date:	11/28/2016
Proposed Landfill Siting Ordinance
Submitted for:	Rhonda Tiffin	Submitted By:	Rhonda Tiffin
Department:	Planning & Physical Development

Subject:

Discussion and possible action to consider the adoption of a county ordinance under §364.012, Health and Safety Code prohibiting municipal or industrial solid waste disposal in certain areas of the county; and any other matters incident thereto.

Issue/Background: In conformance with the Commissioners Court actions of September 26, 2016 (Item 53) and October 24, 2016 (Item 25), required notices have been published and a proposed a county ordinance has been prepared under the authority of §364.012, Health and Safety Code for the Commissioners Court’s consideration. Said ordinance establishes areas of the county that may be unsuitable for municipal or industrial solid waste disposal. While the adoption of such an ordinance will not affect existing permitted sites or sites in which an application is currently pending before the TCEQ, such an ordinance will guide the placement of future disposal sites.

Pursuant to Chapter 2007, Texas Government Code, public notice of the prepared Takings Impact Assessment (TIA) indicating the proposed action is an “exempt action” was published on October 29, 2016. In compliance with Sections 363.112 and 364.012, Texas Health and Safety Code, public notice of the proposed ordinance and scheduled public hearing was published for two (2) consecutive weeks from November 14, 2016 through November 27, 2016.

After receiving public testimony through a public hearing in which any interested citizen may testify, the Commissioners Court may consider adoption of an ordinance under the authority of §364.012, Health and Safety Code.

Result: If enacted by the Commissioners Court, said ordinance will guide the placement of future municipal or industrial solid waste disposal sites within the unincorporated areas of Webb County and serve as a tool to enhance local measures for the protection of environmentally and socio-politically sensitive areas that could be adversely impacted by the effects of such sites and their operations.

Background:

Refer to agenda item.

Previous Court Action:

Refer to agenda item.

Fiscal Impact

Budget Account Number:	n/a
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Financial Impact:
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