Landfill committee considers law to bring business back

10:00 am | October 7, 2013

The Carter County Landfill Committee is taking time to consider information provided by a County Technical Assistance Service official at its Friday meeting about drafting legislation to require hauling companies to bring business back to the county landfill.

Kim Raia, CTAS Environmental Consultant, said the action the committee is seeking to understand is called flow control.

“It is where a local government or entity tries to move solid waste through one of their own facilities through an ordinance, resolution or some kind of regulatory authority,” Raia said.

Two Supreme Court cases were referenced by Raia, who said there were conflicting issues within those cases about whether the legislation would affect interstate commerce. The most recent case she discussed placed a burden on the hauling company to prove there is a negative impact.

“That opened the door back up for local governments to pursue this kind of ordinance,” Raia said. “It’s not something that has happened a lot in Tennessee.”

The information Raia passed along included more than a decade worth of court cases involving the legislation the committee is considering. Also included in the packet, Raia pointed out that Jefferson County considered and drafted a resolution, but did not implement it.

Raia told the committee to consider whether they feel comfortable with the possibility of the private sector contesting any possible legislation.

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