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Toxics and Solid Waste:
Public-Private Solid Waste Collection

Our Position: oppose
Bill Number: S951
Sponsor: Senator Hoyle
Legislative Session: 2006

S.951, Public-Private Solid Waste Collection, protects the business interests of private waste haulers by making it more difficult and potentially more costly for local governments to enter into or expand solid waste services, including recycling.

Status

07/13/05 Hearing in the House Commerce Committee 

06/02/05 Referred to House Commerce Committee

06/02/05 House received from Senate

06/01/05 Passed 2nd and 3rd reading in Senate

Click here to see how the Senators voted on this bill.

05/31/05 Received favorable report from Senate Judiciary I Committee

03/24/05 Referred to Senate Judiciary I Committee

03/23/05 Filed in the Senate

Action Needed

Contact your Representative TODAY and urge the to vote "No" on S951, Public-Private Solid Waste Collection. 

Click here to find contact information for your Representative.

Talking Points:

• S. 951 would have a chilling effect on the willingness of local governments to create or expand local recycling programs out of concern that they may be sued by local waste haulers for loss of income.

• The amount of waste going to North Carolina’s landfills is on the rise, having climbed by 56% between 1991 and 2004.  And, proposed new landfills in coastal North Carolina are poised to make our state a net importer of waste for the first time.  We should be encouraging local governments to initiate or expand recycling services—not legislating disincentives.

Contact

Background

S. 951 would have a chilling effect on the creation or expansion of municipal recycling programs or other programs seeking to reduce solid wastes that would help the state meet its solid waste reduction goals.

S. 951 requires local governments to compensate private haulers for loss of gross income when local governments begin to provide or expand services in areas currently served by private haulers. Alternatively, local governments would be forced to postpone any planned service changes for a period of 18 months. 

Proponents argue that this is a "property rights" issue, claiming that local governments who begin or expand solid waste collection services may put small private waste companies out of business. Waste haulers—large or small-- have no right of law to claim a “takings” when municipalities choose to initiate or expand solid waste and recyclable collection services.

Proponents also argue that the bill is needed to provide protection to mom and pop operations.  However, it is estimated that at least half of the private solid waste companies in North Carolina are large national corporations.  For example, Waste Management, Inc., the largest solid waste management company in the United States, provides service in at least 29 locations around North Carolina.