Ellis County commissioners direct staff to draft policy on unsecured landfill loads

Ellis County commissioners on Feb. 11 discussed new rules and fees for unsecured loads at the county landfill and asked staff to return with a proposed policy and implementation plan.

The discussion, led by Justin Craig, Ellis County environmental services director, focused on public-safety risks from debris that blows from unsecured trucks and trailers, the volume of unsecured loads arriving at the transfer facility, and how neighboring counties enforce load security. "So, before you this morning is just kind of a continuation of a discussion that began in November," Craig said, explaining the county needs to define what qualifies as a secured load and to decide an enforcement and education strategy.

County officials said the policy would be framed as a safety and education measure rather than a revenue source. Craig presented sample approaches used by nearby counties and two options staff recommend investigating further: a percentage-based charge (examples shown at 50% in staff materials) or a simple flat fee on unsecured loads. He warned that because Ellis County’s transfer and disposal costs are higher than some neighboring landfills, a straight doubling of fees could be disproportionately punitive for some users.

Why it matters: unsecured loads can scatter debris on county roads and highways, create hazards for motorists and cleanup crews, and increase illegal dumping. Toby Doherty, Hays city manager, told commissioners city staff supported a nudge-based approach that would encourage compliance. "From a staff level, we would be very supportive of this," Doherty said, calling a fee a practical incentive to secure loads.

Sheriff Scott Brown said criminal enforcement is available under state law if the county chooses that route but noted practical limits: "We can write a citation. That is a must-appear in front of a judge if we go that route," Brown said, adding that proving the responsible party in illegal dumping remains a challenge.

Commissioners discussed implementation details the board asked staff to include in a draft policy: a clear definition of "secured load" (examples discussed included tarps, straps, or visible effort to secure material), an education/grace period (several commissioners favored a long grace period similar to other counties' year-long education windows), signage and public outreach, whether all loads should be required to pass the scale instead of allowing bypasses for items such as city tree limbs, and camera installation at the scale house to document load condition.

Justin Craig estimated roughly a quarter to a third of loads arriving at the facility are not secured and described common debris types (tree limbs, trash bags, building insulation and roofing materials). He recommended a conservative initial penalty ("50% or less" was cited as a possible ceiling in staff materials) and said staff would prioritize an education-first approach.

Commission Chair Michael Burgess said he supported pursuing a policy and suggested a flat fee could simplify day-to-day administration. Commissioners also agreed the county should consider fairness for residents making occasional trips with small loads and for municipal customers who currently bring large tree loads.

Next steps: commissioners directed staff to draft a proposed policy and implementation plan that includes: (1) a proposed secured-load definition; (2) options for a flat fee and a percentage fee, with recommended rate(s); (3) a recommended education period; (4) proposed signage and outreach materials; (5) cost estimate for a camera and monitoring setup at the scale house; and (6) procedural guidance for disputes and repeat violators. Staff will return with a draft for commission review before any penalties become effective.

No formal ordinance or fee was adopted at the Feb. 11 meeting.