New York Rural Water Association

During the recent vote counting debate, there was an article in USA Today where the reporter stated that it seems as if the two things this nation does differently from section to section is how we vote (using a variety of methods) and how we collect and dispose of our garbage. We are all now aware of the many different voting machines and voting standards used throughout the country. And, our solid waste collection systems are just as diverse. Even within New York State, many differing programs exist and attempts by municipalities to formulate and operate solid waste management plans were all but trashed themselves, with the infamous 1994 Supreme Court "Carbone Decision" that effectively eliminated local control over solid waste disposal. Municipalities throughout the state have tried a variety of methods to sustain their old solid waste plans. Tipping fees have been reduced and waste fees have been established to subsidize the old rates. Long and short-term contracts with haulers have been attempted. Some public landfills have opted to bring in waste from outside their jurisdictions, thus competing with private operations, in an attempt to make up budget shortfalls. Some areas have simply supported disposal costs with tax dollars. While these various programs have worked to some degree, it is obvious that most of the time the taxpayer has been paying more for trash collection simply because haulers seldom pass on "tipping fee" reductions and lost municipal revenue must be recouped with some other kind of charge. It appears that the one solution that will allow a municipality to gain control of its solid waste system, and do it economically, is for the local government to get into the garbage collection business itself. Municipal garbage collection is not unheard of. Most of the major cities in the state (New York City, Buffalo, Rochester, Syracuse, etc.) as well as many smaller cities and villages, have done it for years. Some towns on Long Island began this service in the mid 90's and Orleans County, in the western part of the state, has been providing collection since 1991. There are a variety of reasons for doing it. Larger cities have done it historically, some others have done it to control disposal, and some provide collection to insure uniform service and rates. Theoretically, municipal collection can accomplish a few objectives. It allows a community to direct where solid waste is disposed, which protects a local landfill/incinerator taxpayer investment. It gives the community greater environmental control. And, it should provide homeowners lower hauling costs since one or two contracted haulers, or the local government itself, should be able to collect trash cheaper than a number of haulers all running up and down the same street. There is legal basis for a local community to initiate their own solid waste collection system. Some of it can be patterned after establishments that we're familiar with, water and sewer districts. Solid Waste Districts can be formed using Article 5-A of New York State County Law. Forming a Solid Waste District will require a public hearing and could necessitate a public referendum. On the other hand, Collection Units (which act very much like districts) can be formed without a public referendum using Section 226-b of New York State County Law. Once a district or collection unit is established, a locality can opt to collect trash with their own equipment and labor, or contract collection with an established hauler. A municipality can control disposal site destinations and service requirements with an effective bid specification and contract. There are a number of ways to form units so that both the municipality and the winning hauler are protected. This bidding process can also encourage reduced hauling costs since the municipality is, in effect, negotiating a rate for every stop in the district. Economies of scale considerations or volume discounts should be reflected in the bid responses. Hauler rates should be further reduced since the municipality is going to administer charges and become responsible for bill collection. The hauler is paid directly by the municipality and is not burdened with unpaid accounts. In turn, the lower rate is passed on to the taxpayer. Although these districts or collection units sound simple to establish, they do require a lot of research and planning. The local government must decide fundamental questions such as: do they want to service commercial accounts as well as residential stops, should recyclables be included with garbage collection, and how will the system be paid for - taxes, waste fees, bag system, etc. There are questions about maximum amounts collected per stop, yard waste and white goods collection, discounted rates for senior citizens and seasonal users - the list can go on and on. And local politicians must recognize that the answers to these various questions will not please all of the people all of the time. We tend to accept rules from private companies easier than rules from governments. There are also start up costs involved, such as establishing accounting systems and appointing personnel to oversee the program. One of the largest disadvantages to establishing these districts is the fact that many haulers, both large and small, will be hurt in that area. If an entire county's garbage collection is being done by only one or two contracted haulers or by the local municipality itself, many other haulers will lose business in that region. This fact alone makes it very difficult for local politicians to make the decision to form districts. There is no doubt garbage districts will be initially controversial and lobbying efforts against them will be made.

But in the end, garbage districts or collection units do offer the most direct method of controlling solid waste for a municipality. They should also offer a way of controlling costs for the residents of that district. Where they have been established, they have succeeded. It's not an easy decision, but we believe it can be a legitimate, beneficial method of once again establishing solid waste management plans in New York State.