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 Waste Flow Control
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Provided below are
some on the questions and answers that arise from the final disposition of the historic Atlantic
Coast waste flow control litigation. Hopefully the help you understand the
current state of affairs. Click here
to read the NJDEP's January 9, 1998 letter reaffirming the Morris County Solid
Waste Management Plan and its waste flow control elements. |
| Q.
In January 2008 the MCMUA awarded a
new 5-year disposal contract to Waste Management of NJ. Is flow
control still in effect while a Plan amendment including this
contract in the Plan are being approved by NJDEP? |
A.
The MCMUA
consulted with counsel to the MCMUA, Maraziti, Falcon &
Healey, L.L.P., and has obtained a legal opinion asserting that
the MCMUA continues to have the legal ability to direct
non-hazardous solid waste to its transfer stations and that the
MCMUA intends to take all steps necessary to enforce its
constitutional ability to direct solid waste flow to its transfer
stations. Click
here to read a PDF of this legal opinion. |
Q. How did Morris County retain waste flow control after
the recent U.S. Supreme Court decision in Atlantic Coast? |
A. The Courts decided waste flow control can be permissible if the solid waste
management system (System) to which waste is being directed to was procured in a
non-discriminatory manner. Morris County procured its System, consisting of landfill capacity in Pennsylvania and two
in-County transfer stations, in a non-discriminatory manner. In
January 1998 the NJDEP agreed with this and therefore reaffirmed the existing waste flow
control requirements in Morris County. With this NJDEP
approval, all solid waste generated in Morris County continues to be directed to one
of the two transfer stations prior to transport to a Pennsylvania landfill. |
| Q.
Is waste flow control in Morris County good for
Morris County? |
A. Waste flow control maintains the existing Morris County Solid Waste
Management Plan (Plan) and System. This System serves Morris County’s municipalities
well by providing economic, convenient, reliable and environmentally sound access to solid
waste disposal and other support services such as recycling, composting,
household hazardous waste disposal and more. In
addition, the County’s Plan has secured long-term access to these services while
currently assuming less than one-half of one percent of the State’s overall solid
waste debt. It is solid waste management that businesses and towns can budget on, plan
around while not worrying about it
coming back to haunt them. Municipal benefits of Morris County’s solid waste
system include:
- Limiting a municipality’s
contingent environmental liability exposure.
- Municipal solid waste disposal rates which:
- Have been falling since 1994;
- Don’t necessitate the need to impose a tax on municipal solid waste to cover the
County’s debt burden, and;
- Provide long-term security from tipping fee increases over the rate of inflation.
- Infrastructure designed and located to serve Morris County and its municipalities.
- An implementing agency, the MCMUA, who can be trusted, protects the environment and
whose history shows it limits costs while increasing services for Morris County and its
people businesses and municipalities.
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