WASHINGTON CO. COMMISSIONERS HEAR OPTIONS TO PREVENT LANDFILLS

  

Washington County Commissioners learned on Tuesday about the measures they can take to prevent a landfill from coming to the county.

Eric Magee with Allison, Bass & Magee, LLP gave a presentation about a solid waste ordinance the county can create that would effectively restrict landfill companies from picking their own site to place a landfill. 

Magee said the ordinance would give the leg up to Washington County and ensure that any company seeking to put in a landfill has to come before the county before any progress can be made.  He said several counties that have attempted to retroactively prevent landfills did not have an ordinance that would have stopped the fight from happening in the first place.

In practice, the ordinance would select one location in the county where a landfill would be considered “not prohibited” and designate everywhere else in the county as ineligible for one.  Counties cannot exclude themselves entirely, and they cannot choose land that they own inside another county, such as the school land Washington County owns in Tom Green County.

Magee said the land needs to be at least 95 acres in order to match the size of the smallest landfill in Texas and avoid an automatic challenge from landfill companies.  He suggested that the land be located in a remote area, away from major highways that provide easy access, and be selected in cooperation with a long-standing family or institution like Blinn College that has no plans to sell their property to a landfill. 

County Judge John Durrenberger said he has spoken to Blinn about this and made the College aware of these discussions.  He referenced the lengthy legal battle several years ago in Waller County to stop a landfill from being put near Hempstead.  Commissioner Candice Bullock called this ordinance “a proactive attempt” to get out in front of landfill companies, while Commissioner Kirk Hanath said a landfill is “the last thing we want in the birthplace of Texas.”

Decades ago, the City of Brenham operated a landfill on over 100 acres of land off of Allen Road.  The city also owned over 200 acres between Brenham and Chappell Hill that had been proposed for use as a landfill, but the land was sold in October 2014.

Magee noted that the Texas Commission on Environmental Quality treats landfill applications as grandfathered once they are submitted.  Bullock replied, “Time is of the essence.”

No action was taken after Tuesday’s presentation, but the court is expected to quickly follow up on the item at upcoming meetings by choosing a piece of land, drafting an ordinance and beginning the public hearing process.