City of Dallas Sued Over Waste Policy

24 November 2011

A law suit has been filed against the City of Dallas by the National Solid Wastes Management Association (NSWMA) in an effort to halt its controversial 'flow control' waste management policy.

According to the association, certain members and non-members filed the suit in U.S. District Court to prevent the implementation of a system that would require commercial waste transporters to dispose of all of solid waste collected in the city at a single landfill, located in the far south of the city.

Due to take effect on January 2nd 2012, the NSWMA said that the flow control ordinance would even apply to consignments of recyclable materials contaminated by only a trace amount of waste.

The ordinance allows loads that consist of "solely" recyclable materials to be taken to facilities other than the city's landfill.  However, according to the NSWMA, industry experts have said that even the city's own residential recycling program would be upended by this provision because even residential recyclables contain some waste. 

The lawsuit noted that the existing franchises granted to waste haulers by the city place no limitations on where the material collected can be taken, and called the attempt to implement flow control "an anti-free-enterprise action by the city that is contrary to both state and federal law". 

According to the NSWMA, the incoming system would prevent the franchisees from collecting and disposing of solid waste in the most cost effective manner dictated by the market, and its members have estimated that it will cost Dallas businesses $19 million a year.

Furthermore, the lawsuit denounced the city's claimed that flow control is a necessary precursor to an aggressive recycling program that would turn "trash to treasure", as "demonstrably not factual". 

On the contrary, the lawsuit alleged that the purpose of the new system is to generate revenue for the city through the imposition of additional waste management and recycling fees, and by taking the legitimate fees earned by private parties and diverting them to the city.

"This ordinance also would rewrite long term contracts the haulers have with the city," said Tom Brown, Texas Chair of the NSWMA. "The city is rewriting the contracts to create a monopoly at the McCommas Bluff landfill so it can address budget shortfalls."


Read More

Dallas Waste Control: The Saga Continues
A controversial 'flow control' plan that would see all of the City of Dallas's waste taken to the McCommas Landfill in Southern Dallas, has been approved by the council on a split decision.

U.S. E-Waste Bill to Boost Recycling and Ban Exports
U.S. Senator Sherrod Brown has called for swift passage of legislation to promote the domestic recycling of electronic toxic waste.

Industry Backs Senate Recycling Resolution
Senate Resolution 251 has been backed by the NAPCOR.