Oppose Flow Control and Landfill Expansion
Help Oppose Flow Control and Landfill Expansion
WHAT IS FLOW CONTROL?
"Flow control" means controlling how post-consumer resources - garbage or recycables - are collected, who can collect them, or where they are allowed to go for processing.
Recyclers For Competition
Recyclers for Competition is a confederation
of recyclers who believe monopoly control over the flow of discarded resources
is contrary to the best interests of the public and the planet.
It is vital that everyone interested in open competition and/or impacted
by monopoly franchising, do what they can to “keep the flow open”.
This page is devoted to pending issues
of flow control and/or landfill expansion and what actions could help.
We ask that site visitors alert us to cities and counties which are considering any of the following so that we may post action alerts for the recycling industry:
1. Extending or renewing an existing exclusive franchise.
2. Converting a franchise system to some form of open competition.
3. Converting an open competition environment to a permit or franchise system.
4. Siting or expanding a landfill or incinerator.
Below are postings about communitites presently considering flow control issues
CITY
OF COVINA
As a result of aggressive city staff support and the advocacy of many recycling businesses and professionals as well as local generators, the Covina City Council adopted an ordinance expressly permitting open competition for the collection of commercial and industrial discards so long as a minimum amount of 90% of all material collected is in fact recycled (or 80% if the material is construction and demolition debris) Persons interested in using the Covina ordinance as a model for other cities and counties to promote open competition for recycling may contact either city staff or us @ recyclelaw.com.
AGG VICTORY IN PORTLAND
A Portland, Oregon hauler, AGG, won a court battle to block enforcement of a county's franchise collection system. The US District Court in Portland found, as did a different federal judge in Woodfeathers v. Washington County, Oregon, that Washington County's franchise system was preempted by a provision of federal transportation law that bars local government from restricting rights of a federal trucking permit holder to transport property. The court specifically found that negative value material was property if in fact it was recycled. This federal transportation law applies only to federal trucking permit holders.
The court declined to find that the franchise system was unconstitutional. We have filed an amicus brief on behalf of several of the recycling associations in the Ninth Circuit supporting, in part, A.G.G. Enterprises, Inc. For more information about this decision or how you can support this recycler, please email us at recyclelaw.com.
To receive a copy of the booklet “Open the Flow”, published by Recyclers for Competition to help government officials and staff appreciate the value of open competition, please send a check for $7.00 to John Moore at:
HENN, ETZEL & MOORE, INC.
1970
Broadway, Suite 950
Oakland, CA 94612