Date: June 11, 2013
Source: Solid Waste Association of North America
The Solid Waste Association of North America (SWANA) supports a South Carolina county's flow control ordinance. The Horry County Solid Waste Authority passed a law in 2009 that directed all waste generated in the county to its own landfill in Conway, SC or one designated by the authority. Two waste companies, Sandlands C&D LLC and its sister company Express Disposal Service LLC subsequently sued to overturn the law. That case is now pending in U.S. Court of Appeals for the Fourth Circuit where SWANA has filed an filed an Amicus brief in support of the law and flow control as a means to "effectively to implement integrated municipal waste management programs," said Anne Germain, SWANA International President. "That's why SWANA supports cities, counties and waste authorities that have crafted and implemented waste facility designation programs that balance specific and unique local objectives with the legitimate interests of residents, businesses and other affected parties."
The county has argued that the law is necessary to protect itself and its citizens from liability that could occur with its waste being disposed in out-of-county landfills, according to court records. Notwithstanding the flimsy logic or the fact that it is the only county in the state to have such a law, the county can point to a US Supreme Court decision that paves the way for local flow control. In its 2007 ruling on United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, the high court ruled 6-3, amending its earlier 1994 Carbone ruling which outlawed flow control as an imposition on interstate commerce, by making the distinction between a facility that is publicly owned. The court held that a government could show preference for itself if it served a public good.
See also: "Court Upholds South Carolina County Flow Control Law," (www.wasteinfo.com/news/wbj20130107D.htm), January 4, 2013.
See also "South Carolina High Court Affirms County's Flow Control," (www.wasteinfo.com/news/wbj20110920D.htm), September 19, 2011.
See also: "Horry County, SC Weighs Flow Control Measure," (www.wasteinfo.com/news/wbj20090120C.htm), January 19, 2009.
June 11, 2013
SWANA Supports Federal Court Validation of Horry County Flow Control
On June 11, 2013 - SWANA's Executive Committee unanimously voted to support Horry County, S.C. whose flow control ordinance was upheld by a federal district judge.
"Flow control can work effectively to implement integrated municipal waste management programs," said Anne Germain, SWANA International President. "That's why, SWANA supports cities, counties and waste authorities that have crafted and implemented waste facility designation programs that balance specific and unique local objectives with the legitimate interests of residents, businesses and other affected parties."
The case is now pending in the U.S. Court of Appeals for the Fourth Circuit, which covers Maryland, Virginia, West Virginia, North Carolina and South Carolina. A decision date has not yet been set.
SWANA's support is officially recognized by the Amicus brief (swana.org/portals/press_releases/SWANATechnicalPolicyonFlowControlofMSW.pdf) being submitted on behalf of a number of localities and public waste agencies.
Sandlands C&D, LLC, et al. v. County of Horry, et al., No. 13-1134, 4th Cir., pending
View SWANA's policy on flow control here (swana.org/portals/press_releases/SandlandsvsHorry%20County-AmicusCuriaeBrief.pdf).