Flow Control Redux - Pennsylvania County Loses Waste Hauler Lawsuit

Date: July 16, 2006

Source: Court Records

In the latest flow-control case, a federal judge ruled in favor of a private waste hauler, Lebanon Farms Disposal, against the Greater Lebanon Refuse Authority (GLRA). Under an ordinance adopted in 1990, municipal and construction waste from Lebanon County must be taken to the refuse authority, with a fine of $2,000 for taking waste elsewhere without the authority's approval. It was later amended in 2000 to allow for export provided that the hauler reports the tonnage and pays an $8.18 per ton fee to GLRA. Judge Yvette Kane of the U.S. Middle District ruled that those sections of the ordinance are unconstitutional and in violation of the federal commerce clause.

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