Waste group, companies fight Dallas flow control law
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Nov. 21 — The National Solid Wastes Management Association, Waste Management, Republic Services and a group of smaller haulers have filed a lawsuit against Dallas over the city´s passage of a flow control ordinance.
The Dallas City Council approved an ordinance on Sept. 28 to force all waste collected at commercial and industrial facilities be disposed at the city-owned McCommas Bluff Landfill. The ordinance is scheduled to go into effect on Jan. 2.
“The forced diversion of all commercial solid waste to the city-owned landfill is not only an extraordinarily anti-free enterprise action by the city, it is unlawful on multiple grounds,” NSWMA and others wrote in the complaint, filed in U.S. District Court.
The 28-page complaint argues the ordinance violates the franchise agreements in place with various haulers, that it is unconstitutional and is contrary to Texas law.
The complaint also argues that the ordinance’s purpose is to raise money, something the city can only do by using its taxing powers.
“The city´s taxing power does not authorize directing that all solid waste generated, found or located in the city be disposed of at the McCommas Landfill to raise revenue,” the complaint says.
Contact Waste & Recycling News reporter Jeremy Carroll at [email protected] or 313-446-6780.
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