Chapter 5 - Waste flow control

Abstract

This chapter discusses the three general waste flow control mechanisms prevalent in the United States—legislative supplemented by enforcement, contractual, and economic or cost incentives. Local government in the United States can exercise some type of legal or regulatory authority over the collection, removal, and disposal of solid waste in its area of jurisdiction. Courts have long upheld the right of governments to adopt reasonable regulations in this area since all property rights are considered superseded by local government’s police powers. Rather than resorting to the enactment of waste stream control legislation, local government can assure adequate quantities of solid waste for its WTE facility through contractual controls. This is accomplished when local government enters into long-term contracts with other local governments and private collectors to deliver solid waste to a WTE facility. This method of voluntary contractual commitments can be particularly effective to secure an adequate core of solid waste for the facility. Waste stream control can also be achieved by local government through economic incentives. Finally, in order to accomplish this type of economic control over solid waste for its WTE facility, the community must be willing to subsidize the loss of project revenues with funds from some other source, such as from the general fund, a user fee, or a tax.