Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, December 8, 1993 TAG: 9312080030
SECTION: NATIONAL/INTERNATIONAL PAGE: A5 EDITION: STATE
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
"There is nothing here other than economic protectionism" that amounts to an unconstitutional burden on interstate commerce, said attorney Betty Jo Christian in criticizing such an ordinance in Clarkstown, N.Y. Similar ordinances are allowed in half the states.
But Clarkstown's lawyer said it can require all nonrecyclable garbage in the town to be handled by a designated facility.
"Certainly, garbage is dangerous if it is not properly attended to," said William C. Brashares.
Last year, the high court struck down laws used by states and local governments to discourage the import of garbage. The case argued Tuesday involves "flow control" regulations allowed in at least half of the states to restrict the export of garbage from a community.
Some members of the court expressed amusement at the dispute over who gets to handle a town's trash.
"I think the spectacle of states and municipalities wrestling for control of garbage is quite wonderful," observed Justice Antonin Scalia.
"Our civilization has advanced to the point where garbage is valuable," Justice Anthony Kennedy added.
The 1989 Clarkstown ordinance requires all nonrecyclable waste to be handled by the Clarkstown Recycling Center, operated by a private contractor.
The facility is guaranteed at least 120,000 tons of trash a year. The town must pay the contractor a penalty if that minimum is not met, and the town eventually will be able to buy the facility for $1.
The facility charges $81 a ton to handle trash. C&A Carbone, the company that challenged the ordinance, charged $70 a ton.
Carbone used to receive trash from customers in New York and New Jersey, recycle most of it and ship the rest to out-of-state landfills or garbage-burning power plants.
Carbone challenged the town ordinance in federal court and temporarily won an order barring its enforcement. But the town sued Carbone in state court to stop it from handling nonrecyclable waste.
A state judge upheld the ordinance, saying it treated all garbage the same, whether it was generated in state or out. A New York appeals court upheld that ruling.
"The town is saying, `If you have garbage discarded in town this is the way it should be handled,' " Brashares said, adding that the town has the "police power" to monitor waste.
by CNB