Tuesday, December 8, 2015

The Law and Garbage


Dive Brief:

  • The National Waste & Recycling Association and Warrick County, IN have reached a temporary agreement in the U.S. District Court, following a lawsuit from NWRA against the county. 
  • The agreement — which will run through Jan. 21 — allows Warrick County residents to use any hauler in the county's waste and recycling program rather than just Renewable Resources. 
  • The agreement also notes that the Warrick County Solid Waste District will not fine any person for choosing another hauler.

Dive Insight:

Last month, NWRA had filed an action against the Warrick County Commission in Indiana to stop a monopoly by Renewable Resources over curbside collection and processing of solid waste and recyclables in that county. The complaint was filed on behalf of Advanced Disposal, Republic Services, and Eric Gries Disposal, in the U.S. District Court for the Southern District of Indiana, alleging that the award to Renewable Resources resulted from the Commission’s irregular bidding and procurement process. Such action violates the Commerce Clause of the U.S. Constitution and Indiana statutes, NWRA argues.
A few weeks later, Todd Glass, the legal counsel for Warrick County Solid Waste Management District, had responded to the complaint stating that the injunction filed is "not something the district is entitled to." He said that the county was seeking a hauler to collect trash and recyclables for the least amount of money in the county, and Renewable Resources was the best choice.
While the temporary agreement is in place, NWRA and Warrick County, IN will still work toward a solution. Christopher Doherty, vice president of communications for NWRA, told Waste360 that the association could not comment further on the suit at this time.

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