Making Metal Recycling Operations Safer for San Antonio Communities
By Justus Mendoza
In 2023, a series of fires occurred in metal recycling facilities in San Antonio, which may have released toxic chemicals into the air, jeopardizing the health of neighboring residents. No evacuation or response warned residents of the potential harm from burning chemicals.
The following year, in response to community concerns about metal and auto part recyclers, the San Antonio City Council, led by District 5 Council Member Teri Castillo, created a task force to recommend changes to Chapters 11 (Fire Prevention) and 16 (Licenses and Business Regulations) of the Municipal City Code.
The council’s request explicitly asked the task force to create a new timeline and process for issuing and resolving citations, a system of fines for recurring violations, and recommend a threshold for stricter enforcement mechanisms until violations and citations are resolved. The goal of the request was clear and specific: Update the ordinances to ensure public health threats like the fires of 2023 never happened again.
The reality of the Metal Recycling Task Force hasn’t lived up to this vision. To be fair, the Task Force is split equally between community representatives and industry representatives. Due to the meeting times originally occurring during work hours, community members could not always secure time off, resulting in an unbalanced system in which industry representatives almost always outvoted community members.
Despite these issues, the task force reached agreement on some recommendations that will benefit residents and the environment. These changes will be presented to the City Council in the task force recommendation.
- Clarity of Definitions: A clear, accessible definition of “Hazardous Materials” was added in the recommendation. The language is based on the universal fire code. It includes specific examples to empower residents and code enforcement officers to recognize and respond to threats to their health and environment. Additionally, a definition of “Automotive Shredder Residue” was added, the first time San Antonio has addressed the new types of waste created by innovations in automotive shredder technology.
- Stricter Pile Height Requirements: High piles of industrial debris can release more airborne particulate matter pollution, increasing the risk of respiratory issues. To reduce this risk and improve local air quality, piles should be limited to 50 feet by 150 feet by 20 feet high unless the specific commodity’s maximum dimensions are listed elsewhere in the code.
- Fire Prevention Plan: The recommended code changes require recyclers to prepare a fire prevention plan to obtain a business license. At a minimum, they must plan for fire department access, egress, a fire notification system, and water systems
- Fencing: Strict fencing requirements will help protect residents.
- A Regular Review of Ordinances: Environmental ordinances should be reviewed every five years to adapt to new data, technologies, and community needs.
- Zoning Density Rules: The recommendation adds strict zoning rules to limit the establishment of new metal recycling entities within 1,000 feet of existing facilities unless approved by the City Council, preventing communities already overburdened with pollution from being saddled with even more.
However, there is more work needed. Here is what we are asking for:
- Better Enforcement of Existing Rules: Regulations only work when followed. The community wants stronger enforcement to ensure environmental laws are not just words on paper, but protections in practice. A violation should be treated as recurring every day until it is remedied. Fines must be high enough to discourage dangerous illegal actions.
- Separate Pile Rules for Particulate Matter: Lower maximum pile rules for material that can become airborne, such as Automotive Shredder Residue, are imperative to ensure potentially hazardous material does not contaminate neighborhoods.
- Preventing Expansion of Non-Conforming Use Property: An exception proposed to allow used auto parts recycling businesses to expand their operational footprint, including on parcels designated as “non-conforming”. This exception directly undermines existing zoning laws, prohibiting expansion on these sites for all entities except metal recyclers. Instead of adding another arbitrary exception, the existing loophole should be closed. The “non-conforming” designation indicates that the site isn’t appropriate for operational use. In some cases, that is because they are in flood zones, which means toxic materials get washed onto neighboring properties and downstream during floods. Community is not asking to prevent entities from expansion of major repairs, buildings and storage on their land. Instead, keeping with the spirit of the non-conforming use ordinance, community requests recycling entities to remain within their original operating square footage.
The recommendations and their proposed improvements are an opportunity to build a healthier, more informed, and more protected community. In addition, the city should explore using air monitors to address environmental concerns further. Public Citizen has advocated for these changes at the Metal Recycling Task Force. Now it’s up to the San Antonio City Council to decide if community health is an absolute priority.
Justus Mendoza is a student at the University of Texas at San Antonio and an Environmental Policy intern with the Texas office of Public Citizen.