TRANSPORTATION AND NATURAL RESOURCES JOSEPH P. GIESELMAN, EXECUTIVE MANAGER 411 West 13th Street Executive Office Building PO Box 1748 Austin, Texas 78767 (512) 854-9383 FAX (512) 854-9436 December 10, 2007 MEMORANDUM TO: Members of the Commissioners’ Court FROM: Joseph P. Gieselman, Executive Manager SUBJECT: Amendment to Landfill Siting Ordinance Agenda Item: Consider options to amend Travis County Code Chapter 62, Siting of Solid Waste Facilities, and take appropriate action. Summary and Staff Analysis: Two versions of an amendment to Travis County Code Chapter 62 are attached for the Courts’ consideration. They can be summarized as follows: Version A: Proposed by Joann Gunlock of Manor, this amendment revises the ordinance to apply to Type I, II, III, and IV landfills, increases setback requirements, and specifically prohibits the siting of a landfill at the City of Austin’s Webberville tract. Version B: This amendment revises the ordinance to apply to Type I, II, III, and IV landfills, uses the setback requirements approved in the original ordinance, adds a special section regarding likely contaminants of water sources and does not specifically allow or disallow landfill siting on any specific tracts of land. Comparison of Versions A and B: Amended Ordinance Applies to Landfills Both versions of the amended ordinance remove Section 62.002 (b)(1), which states the chapter does not apply to landfills that are classified as Type I, II, III, or IV by TCEQ rules in 30 TAC 330.41. Setback Requirements Version A increases setback requirements from Major and Minor facilities from sensitive receptors and environmental features. Version B retains the same setback requirements. These requirements were developed by the Solid Waste Work Group and Travis County in an attempt to find a reasonable page 2 compromise among landfill neighbors, environmental groups, landfill owners and operators and solid waste professionals from government and private sectors. Definition of “Neighborhood” Version A changes the definition of neighborhood to mean an overall, average density of one residential unit per five acres Version B uses the existing definition of neighborhood, meaning an overall, average density of one residential unit per one acre. Definition of “Residential Water Well” Version A adds a definition for residential water well, defining it as a water well or spring used as the water supply for one or more residences. Version B adds a definition for residential water well, identifying it as a well included in the groundwater database maintained by the Texas Water Development Board. The definition of a spring is removed as it is covered separately. City of Austin Webberville Tract Version A specifically prohibits siting a landfill at the City of Austin’s Webberville site. Version B does not include prohibition of any specific sites. The amendment provides for sites analysis to occur on any site. Siting Criteria for Water Wells and Springs Version A adds residential water wells and springs to the siting criteria minor and major facilities that calls for setbacks. It changes the setback requirements for minor facilities from 350 feet to 5,280 feet and setbacks for major facilities from 1,500 to 10,600. Version B creates a new section to address siting criteria for public water wells, residential water wells, and springs. It applies a 1,500 feet setback to major facilities and transfer stations. Written Notice Version A changes notice requirements, stating that notice must be mailed to all property owners within 5,280 feet of a minor facility, 10,600 feet of a major facility and to homeowners’ associations within 10,600 feet. Version B retains using the notice requirement in the existing ordinance, stating that notice must be mailed to all property owners within 350 feet of a minor facility, 1,500 feet of a major facility and to homeowners’ associations within 5,280 feet. Background: The Commissioners’ Court approved Travis County Code Chapter 62, Siting of Solid Waste Facilities, on July 22, 2003. page 3 The types of solid waste facilities addressed in the amendment are defined by the State as follows: Type 1 Type II Type III Type IV a standard landfill for disposal of municipal solid waste (MSW) a MSW landfill serving less than 5,000 persons, receiving less than 12.5 tons/day a MSW landfill serving less than 1,500 persons, receiving less than 3.75 tons/day a facility for the disposal of brush, construction/demolition waste and/or rubbish that are free of putrescible wastes and household wastes Major facility: landfill, sludge/septage land application sites, composting facility Minor facility: recycling facility, transfer station for municipal solid waste Required Authorizations: Exhibits: Amendment to Add Webberville Tract to Solid Waste Siting Ordinance Amendment to Solid Waste Siting Ordinance MSM:JPG:msm cc: Christopher Gilmore, County Attorney’s Office Jon White, TNR Christy Moffett, HHS David Shore, TNR Melinda Mallia, TNR