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In Focus: Rockland

More from the opinion-makers of The Journal News and LoHud.com, with a special look at Rockland.

Flow control

May
20

The county Legislature tonight is discussing whether to institute “flow control” that would have all garbage carters, including private carters, use county-owned facilities. This has become an option after a recent U.S. Supreme Court case, United Haulers Association vs. Oneida-Herkimer Solid Waste Management Authority. The court ruled that municipalities could indeed institute flow control, and require private trash companies to use municipal facilities, even if it cost more than taking the trash elsewhere.

One local lawyer who filed a “friend of the court” brief in support of flow control was Michael Diederich of Stony Point. In fact, he submitted two briefs on the case on behalf of the Rockland Coalition for Democracy and Freedom, the Rockland County Conservation Association and the Federation of New York Solid Waste Associations.

For Rockland, though, he’s not convinced it’s needed. He wrote a letter on the issue, but it arrived too late for publication. Diederich, who is in the Army Reserves, is now in Honduras, so he can’t speak at tonight’s Legislature meeting ( 8 p.m., Allison-Parris Office Building, New Hempstead Road, New City). Here’s his letter on the issue:

“Flow control” directs solid waste to designated facilities. we all generate trash, and so we all pay for its disposal.  Flow control is one tool for disposal. It is a tool which can be very beneficial tool, or it can be abusive .  Historically, flow control has been used to finance large waste mangement facilities, such as state-of-the art landfills or waste to energy incinerators.    It is NOT needed merely for ensuring compliance with recycling laws.  The health department or Authority can perform that job.

Though I have long been an advocate for the constitutionality of flow control, I am very skeptical about Rockland County’s need for it.  Flow control was not deemed necessary in the County’s original Solid Waste Management Plan, nor in the accompanying environmental impact statement.  I have long argued that flow control is a democratic tool which allows “the people” (through their elected representatives) to have a superior right to control local trash than the waste management industry which profits in providing the service.   The critics of flow control argue that government will create inefficient monopolies and bureaucracy, and ultimately not provide better service.

My concern with Rockland’s proposed flow control law is that its implications are not understood.  It will undoubtedly increase the size and power of local government and the (non-representative) Waste Authority.  The bureaucracy will grow, and with it the power of the politicians who control the bureaucracy.  There will be more jobs to dole out; and more need for waste management companies to seek the favor of politicians.  Government will gain “control” taxpayer dollars, to “flow” to political friends. This is an invitation for trouble.

The People of Rockland may be much better served will fair and open competition, plus regulatory oversight.  Our politicians, in my view, have not articulated a sound need for flow control.  In total, what overall cost savings and environmental benefits will result from flow control?  Without fully examining the broad implications of flow control, including the cost to taxpayers of increased government, bureaucracy and decreased competition, and without a demonstrable and compelling need, our county legislature should save flow control for another day.

Mike Diederich, Jr.

This entry was posted on Tuesday, May 20th, 2008 at 4:41 pm by Nancy Cutler.
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About this blog
Welcome to the community conversation/editorial page blog. It's your place for two-way talk with the people behind the opinions on the TJN editorial pages and LoHud.com. Look here daily to talk back to the opinion writers, find out what's on our agenda, and steer us to the hot topics in your community. Contributing to this blog are deep-rooted Rocklanders Nancy Cutler, editorial page editor in Rockland, and Bob Baird, longtime Rockland columnist and editor, along with Tracey Princiotta, interactivity editor, with occasional contributions from other opinion staff.

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