DEPARTMENT: Solid Waste Management
DEPARTMENT HEAD: David W. McCary
COUNCIL DISTRICTS IMPACTED: District 2
SUBJECT:
Allowing County to Provide Solid Waste Services in ETJ
SUMMARY:
This ordinance would allow Bexar County to provide mandatory Solid Waste collection and disposal services in Bexar County Camelot II neighborhood, which is a residential area within the City's extraterritorial jurisdiction (ETJ), in accordance with the Texas Attorney General (AG) Opinion GA-0988.
BACKGROUND INFORMATION:
The issue of illegal dumping and the collection of solid waste in unincorporated areas of Bexar County has been a continuing problem for a number of years. In 2012, Representative Ruth Jones McClendon requested an opinion from the Texas Attorney General concerning the Health and Safety Code regarding whether a county may provide mandatory solid waste collection services in an area of the county that is within the ETJ of a municipality, but that is not receiving such service from the municipality.
On February 5, 2013, Texas Attorney General (AG) Opinion GA-0988 concluded that Section 364.031 of the Health and Safety Code authorizes cooperative agreements between a municipality and a county that would permit the county to provide mandatory solid waste disposal service in an area of the county that is within the ETJ of the municipality that is not receiving such services from the municipality.
Currently, Bexar County does not require mandatory solid waste disposal services for residents of unincorporated Bexar County. Although the Camelot II area is within the City's ETJ, state statute does not allow the City to provide solid waste collection or mandate any solid waste disposal services in areas outside the City limits. Should Bexar County enter into an agreement with the City of San Antonio that would permit the County to provide mandatory solid waste disposal services in a specific area of the County within the ETJ, t...
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