To: Representative Arp Senator Brown

To: Representative Arp Senator Brown Representative Bell Senator Cook Representative Hall Senator Jackson Representative Lambeth Senator Rabon Representative Lewis Senator Sanderson Representative McElraft Senator Wade Representative McGrady Senator Wells Representative Yarborough

From: Chris Stahl; President, North Carolina Chapter of the Solid Waste Association of North America (NC SWANA)

RE: NC SWANA Position on Limiting Local Government Authority to Direct the Flow of Solid Waste Generated within their Service Area – House Bill 56

NC SWANA has a membership throughout the State exceeding 450 members. NC SWANA, and our parent organization (SWANA) is made up of more than 9,000 public and private sector professionals committed to promoting and advancing the solid waste industry’s role in protection of human health and the environment via education, advocacy and research in development of best management practices for a myriad of waste and generator types as resources.

NC SWANA is opposed to any language being considered that would limit the authority of local government through ordinance, rule, or other official directive, to require that municipal solid waste, recyclables, or other material be transported from where the material is generated to a designated facility for processing, recovery, transfer, energy production or disposal, as the case may be. Flow control is a recognized, effective, and legitimate instrument of integrated solid waste management programs. Our opposition is based on the following:

Local governments have the responsibility of ensuring that adequate, environmentally safe capacity for management of solid wastes exists for their service area. Local governments meet these responsibilities by building and operating solid waste facilities, or entering into public-private partnerships to provide collection, recycling, processing, recovery, and/or disposal services. Where construction and operation of these facilities is deemed the best option for local governments, a reliable flow of waste, along with associated tipping fees serve as the primary surety in financing of these facilities. Absent the ability of local government to direct the flow of waste, financing of future capacity to manage these materials will be jeopardized. This not only applies to transfer and disposal operations, but expansion and development of recycling; recovery; composting; improved collection methods; and etcetera as well. Loss of flow control will also have a direct impact on local government ability to operate waste diversion and recycling programs and meet waste reduction goals. Most diversion programs rely, in part, on funding from their disposal or transfer operations. In fact, Counties do not have the authority to impose a “Recycling Fee” in North Carolina to support these programs, and the sale of recyclables will not cover the operating expenses. Revenue lost due to loss of flow control will most certainly have a greater impact on these programs as remaining revenues will necessarily be directed first to the obligation of providing disposal capacity. Most local governments are utilizing public-private partnerships or service contracts for some, if not all, of their solid waste management programs. These contracts and agreements will also be jeopardized in terms of anticipated or guaranteed minimum tonnages, by which the contract terms are often set.

Thank you for your consideration. Michael C. Stahl President, NC SWANA