Brazos County holds public hearing on ordinance to prohibit landfills except on county-owned site

Brazos County Commissioners Court held a public hearing at 1:30 p.m. to consider an ordinance that would prohibit municipal solid waste disposal in much of the county while designating a county-owned tract on Kathy Fleming Road as the only area where disposal would not be prohibited. County Judge said, "This is to designate a location for the for a landfill," explaining the step is required by state law.

The hearing, held pursuant to Texas Health and Safety Code §364.012, focused on the mechanics and local implications of formally designating an exception area rather than creating a countywide ban without such a designation. Eric McGee, outside counsel for the county, told the court that the Texas Commission on Environmental Quality (TCEQ) is the state agency that permits landfills and that Chapter 364.012 requires a county that seeks to prohibit solid waste disposal in most of its territory to first identify an area where disposal would not be prohibited.

Why it matters: designating a county-owned parcel would, the court said, give the county a measure of control and transparency by forcing prospective landfill operators to notify the…