&EPA
             United States     Solid Waste and
             Environmental Protection Emergency Response
             Agency        (5305)
                       EPA530-R-94-008
                       February 8,1994
Municipal Solid Waste
Flow Control
             Summary of Public
             Comments

-------

-------
                                       TABLE OF CONTENTS
   Introduction
                                                                                              1
   Table 1
                                                                                              2
   I.      Impacts of Flow Controls on Solid Waste Management and Capacity	   3

          State and Local Governments 	                          j
          Waste Management Industry	\	3
          Recycling Industry	8
          Financial Institutions	8
          Environmental Groups and Individuals   		9
                                            	9
  II.     Impacts of Flow Controls on Source Reduction and Recycling .....;..'                    u

         State and Local Governments  	                |
         Waste Management Industry	[	11
         Recycling Industry 	\\\	i ''	 13
         Financial  Institutions	| " °	14
         Environmental Groups and Individuals	  	15

  in.     Impacts of Flow Controls on Economics
                                              	   17
         State and Local Governments
         Waste Management Industry <	',	17
         Recycling Industry	' '	'•'*	• • • • •  *8
         Financial Institutions	 .    	'	'•''.	'••-.. 20
        Environmental Groups and Individuals	V	21
                                            	'.	.21
 IV.    Impacts of Flow Controls on Recyclable Material
                                                         	*	   22
        State and Local Governments  	
        Waste Management Industry	. .'.	''	22
        Recycling Industry	' ' '	2S
        Financial Institutions		"	25
        Environmental Groups and Individuals	'	26
                                             	•	26
V.      Impacts of Flow Controls on Human Health and the Environment  ...   !                   , 0
                                                                     • »•».....,..,..,..   ^jj
       State, and Local Governments 	                        !
       Waste Management Industry	   	'	28
       Recycling Industry	28
       Environmental Groups  and Individuals       	'	29
                                          '	'' *'	29
VI.    Alternatives to Flow Controls  . .
                                     	   31
       State and Local Governments  	
       Waste Management Industry ..	'	'	31
                                    	r	  32

-------
       Recycling Industry  	
       Financial Institutions ..;	
       Environmental Groups and Individuals
33
34
34
List of Commenters
                                                                                              35

-------
               SUMMARY OF MUNICIPAL SOLID WASTE FLOW CONTROL COMMENTS

  INTRODUCTION
control
     ?;h
                                  preparation of the RePort to c™&™ on municipal solid waste flow
                         P     * efress their *™ ^ Providing written comments and participating in
                          etm       "T11' ^^ (AUgUSt 1?' 1993); San Francisco' C^0
                                    ^
  control of MSW, also referred to as designation, is a high priority issue fo^S
                       t C°mmenters included 74 '*te and local governments, 60   s
                                                                                  and idividuals
  r™m,n                 f bmitted ^"^ materials at the meetings and also provided additional
  comments to the pubhc docket. This report is strictly a summary of the various positions discussed in the
  written comments up to and including docket number 00195.1 The summary does not contain anj

  d±n±°TentS' U0r d°^ k reflCCt EPA'S P°Siti0n °n ^ °f the issues ^ised.  Tb.e purpose of this

  Report ?o           3"26    P°Slti°nS °f intereSt6d *"** °n fl°W C°ntr°ls in 1™P™«™ tor the
         This summary also helps identify areas in which further research may be necessary  Much of the
 information provided in the written comments is anecdotal and lacks quantitative details.\ addition L
 written comments did not always provide examples or explanation of opinions, especially on the S of
 alternatives to flow controls. While many of the comments and perspectives are enlightLta^ theyPdo not
 provide all of the necessary information or documentation for preparing the Report to Congress
 fh, n,       f           breakdown ^ respondent type (e.g., state and local government) that identifies
 the number of commenters, number of commenters who support or oppose flow controls and the
 areas that received comment. This report organizes the information inio six lss«  S£  (D ?m

 anTrSS- mn  m "f ° ^^^ ?* ^^ (D) impaCtS °f fl°W ""^ on source
 mfteriaT  rS?'/   } T*?*        C°ntr°1S On economics' (IV) ™P*^ of flow controls  on recyclable
 material,  (V) impacts of flow controls on human health and the environment; and (VI) alternatives to flow
 controls.  Within each issue area, the report is organized by respondent type.  Afte the issue
 the summary provides a list of commenters that provided written materials to the clocktt
«icte
contradict the i
       Some commenters submitted more than one copy of their comments: this explains the

            eg ™ "^    "" ^ ^
                           t
                        contained in the state matrix, the discrepancy will be identified in a footnote
                                                 (throu8h
                                     * *
                                        February 8, 1994 * *

-------
                                                                                                     Page 2
                                       TABLE 1
NUMBER OF COMMENTERS BY ISSUE AND NUMBER OF COMMENTERS IN FAVOR OF AND AGAINST FLOW-CONTROL

Commenters
State and Local
Governments

'Waste Management
Industry
Recycling Industry


Financial Institutions

Environmental Groups
and Individuals
TOTAL



— ================
======
Total
Number, of
Commenters
74


' 60
29


2

14

179



=====
Number of
Commenters
For/Against Flow
Controls
66/5
1 had no opinion
2 did not comment
10/50
3/11
15 opposed flow
control of
recyclables only
1/0
1 had no opinion ,
7/6
1 had no opinion
. For - 87
Against - 72
• No Opinion - 5
Oppose FC of
recyclables- 15
	 =^
Total Number of Commenters That Discuss the Impacts of Flow Controls on:
Solid Waste
Management
and Capacity
61


13
7


2

4





========
Source
Reduction and
Recycling
33-recycling
10-source
reduction
29
17


1

4





'
Economics
54


46
18


2

5





•
Recyclable
Materials
36


7
17


1

4

•



=====
Human Health
and the
Environment
17


20
8


0

6





=
Alternatives
to Flow
Controls
• 13


8
8


1

1





=====
                                  * * February 8, 1994 * *

-------
                                                                                           Page 3
I.
IMPACTS OF FLOW CONTROLS ON SOLID WASTE MANAGEMENT AND CAPACITY
State and Local Governments                                              \

        Sixty-one of the 74 state and local government commehters addressed the impact of flow control
on solid waste management and capacity (i.e., 13 did not specifically comment on this issue). Of these 61
commenters, 59 support flow control and two local governments oppose it in favor of free market
approaches. The issues of effective and environmentally responsible solid waste management planning and
capacity development are central to the flow control concerns of state and local governments.  The 59
commenters supporting flow control include 10 state agencies and 49 local governments or local
government organizations involved in municipal solid waste management.  These commenters urge EPA
and Congress to explicitly grant flow control authority to state and local governments.  Based on the
written comments, it is unclear what Massachusetts' position is on flow control.  Also, the submission from
Ohio EPA does not state an opinion for or against flow control.  Instead, it answers specific questions
posed by the U.S. EPA in the July 12, 1993 Federal Register.

        One municipality, Lancaster County, Pennsylvania, advocates improved flow control, not the
elimination of it.  It suggests that regulators identify and resolve the problems with existing systems and
educate and train local government officials who will be planning and implementing municipal solid waste
management in the future.  Lancaster County also recommends that EPA establish the following:

        •      A national requirement for local governments to develop and implement a long-term plan
               for managing all municipal solid waste and recyclables generated within the community;

        •      Planning standards, materials definitions, and plan adoption procedures that incorporate
               public participation;                                     .

        •  ,   Procedures allowing commercial and industrial generators of municipal solid waste to "opt
               out" of a local waste management system at the time of plan adoption  if the generator can
               assure adequate disposition and meet recycling and waste management goals; and

        •      Indisputable authorization of local government flow control authority for municipal solid
               waste, including recyclables, as necessary, to implement their plans.

        Responsibility/Right to Manage Waste. Eighteen state and local government commenters,
including the Spokane Regional Solid Waste Management System in Washington State, view municipal
solid waste management and planning as the "natural" responsibility of local governments.; Five of the 18
commenters went even further by categorizing municipal solid waste management as a public utility,
similar to sewage disposal and electricity. Both the National Association of Counties (NACo) and the
United States  Conference of Mayors pointed out that  the only difference between solid waste flow control
and sewage waste flow control is whether the waste moves by truck or by pipe. Two commenters noted
that without flow, control, New Jersey would be unable to finance and develop the additional capacity
needed to meet its goal of achieving self-sufficiency for solid waste management before the 21st Century.
Flow control  is needed for effective management, capacity planning, and to keep "foreign" waste out of the
facilities.  Since solid waste management is a government's inherent responsibility, derived from its police
powers, government should have the legal authority to exercise control over the flow of waste.
                                                                       i
        One commenter noted that when there are waste management problecas (e.g., garbage is not
collected), citizens automatically call the local  government, regardless of whether tide local government

                                      * * February 8, 1994 * *

-------
 		Page 4

 runs the collection services. Thus, citizens view solid waste management as a public service.  Two
 commenters added that the public interest should come before economics.  The Pennsylvania Department
 of Environmental Resources cited court cases from as early as  1905 that declare municipal governments
 responsible for managing their own wastes. Lackawanna County, Pennsylvania  claimed that it is their
 Bright to pursue viable, long-term land-use planning," which is not protected by the free market  system, and
 it is their "right of self-determination of how we want to use our land, water, and  resources."

         Ensuring Economic Viability of Environmentally Preferred Facilities.  One of the issues receiving
 the most attention is the use of flow control to finance solid waste management facilities.  Nineteen
 commenters noted this benefit of flow control. Flow control provides the financial assurance that the
 investor communities and bond rating agencies require, by guaranteeing, over the  life of the facility,
 contracts for a definite amount of solid waste and/or recyclables for which the facility will receive a'
 specified revenue (tipping fee).  Some local governments have "put or pay"  contracts with solid waste
 management facilities that require a definite amount of solid waste and/or recyclables to be delivered or
 the local government must  pay for the shortfall in waste or recyclables.  Flow controls allow local
 governments to meet these contracts by requiring that solid waste or recyclables be managed at, specific
 faculties. Flow control also reduces the risk faced by the bondholders (i.e.,  more tonnage equals more
 money, which increases the security of the bonds). Once the facility is constructed, flow control allows for
 its .financial viability and continued operation. As two commenters explained, flow control guarantees
 sufficient revenues for the facility owners (either a private company or local government unit) to repay the
 debt incurred during  initial start-up and  to guarantee the long-term financial viability for the facility
 (usually 30-year bonds).                                        ,

        A related issue, noted by 17 commenters, is that flow control guarantees the flow of particular
 types of waste to the  designated facilities.  How control ensures that food and yard wastes go to the
 compost facility, mixed waste goes to a transfer station to separate out the recyclables, and combustible
 waste goes to the incinerator.  In this manner, facilities are guaranteed efficient  operations, such as the
 incinerator  receiving an ample amount of waste to maintain environmentally safe temperatures.  In
 addition, this guaranteed flow of waste allows facilities to predict their revenues and, as mentioned above,
 repay their  debt on a  fixed schedule. One commenter noted that if facilities, operating under a "put or pay
 contract," did experience shortfallsJn waste received, tax dollars would be wasted since local governments
 would still need to pay the facilities to meet contractual obligations.

       . The Michigan Department of Natural Resources (DNR) and  Clinton County, Michigan, -both
 commented that voluntary agreements to ensure the flow of waste to a facility are not strong enough
 guarantees to build facilities. Only flow control can assure the controlled movement of waste and protect
 against competitors undermining rates and diverting waste streams. Likewise, Winnebago County,
 Wisconsin, noted that flow control is necessary to protect municipalities  from competition so  that'they can
 properly manage and  finance their facilities.

        Ensuring Adequate  Long-term Capacity.  According to 14 commenters, flow control protects and
 ensures long-term capacity.  Future capacity also is protected financially through guaranteed revenues
which foster the continued, long-term operation of a facility.  These flow control assurances, for example
 allow Delaware to guarantee capacity through the year 2009.  In Honolulu, flow  control is  used to ensure
 that waste is sent to the waste-to-energy facility, which is necessary  to extend landfill capacity and to keep
the city from "being swamped with garbage." Long-term capacity also is guaranteed when flow control is
used to minimize the amount of waste actually disposed by emphasizing source reduction and recycling.
One commenter added that source reduction and resource recovery are not economically appealing to the
                                          February 8, 1994 *

-------
                                                                                             PageS
waste management industry; therefore, flow control is needed to ensure that these environmentally
beneficial management options, which ensure long-term capacity, are implemented.

        Flow control can prohibit facilities from accepting waste generated outside of the designated
planning area; this legal issue is currently a problem in Illinois.  Federal and state courts are examining the
legality of flow control prohibitions and restrictions on the movement of municipal solid waste.  Legal
decisions may affect  the ability of flow controls to protect and ensure capacity.

        Solid Waste Management Planning.  Seventeen government commenters stated that flow control
allows for effective and environmentally responsible solid waste planning and management.  State and local
governments can plan for and manage the appropriate type and number of facilities to handle the long-
term generation of waste within a specified area. Additionally, effective planning also can predict and
manage facility closure.  Six commenters noted the benefit of being able to predict the quantity of solid
waste over- time. This predictability allows state and local governments to plan for and develop future
capacity. The Solid  Waste Association of North America (SWANA) indicated that Lancaster  County,
Pennsylvania, through its flow control ordinance, has assured capacity through the year 2015.  Six
commenters indicated that flow control allows local governments to meet their goals, such as source
reduction, recycling,  and capacity goals.  For example, New Jersey has the goal of a 60 percent municipal
solid waste stream recycling rate by 1995.  New Jersey believes that this goal is attainable only through
effective flow control. Two commenters also indicated that flow control allows for the appropriate
selection, planning, and management of the costs associated with a reliable solid waste management
system.                                         .

        Not only does flow control allow for the effective planning of solid waste management systems, it
also provides for the implementation of solid waste management plans, as noted by 15 commenters. With
flow control as the foundation, all  aspects of the plan, particularly an integrated solid waste management
system, can be implemented. More specifically, four commenters noted that flow control allows for the
development of capacity needed  to (1) make this integrated system a reality, (2) replace the capacity lost
by closing landfills, and (3) meet recycling goals. As  a result of planning and the use of flow control, little
uncertainty about the amount of waste exists, and financial obstacles, if any, are minimal. The system can
integrate source reduction initiatives, recyclables collection and processing, resource recovery,  and  ,
landfilling (as the option of last  resort) to manage waste in an efficient and environmentally protective
manner.  This type of system has been the goal of the Southeastern Public Service Authority of Virginia
(SPSA) and, as SPSA indicated,  it  has been quite successful.  The system will succeed because haulers will
not have the option  of diverting waste from  the local materials recovery facility to a cheaper landfill.
Many states require  development of integrated solid waste management plans, Local governments are
fulfilling their legal responsibility by implementing their plans and, therefore, should be empowered to use
the necessary tools, such as flow control, to achieve effective implementation.
                                                                        I
        Eight commenters focused on general waste management hierarchy issues related to flow control
and solid waste management planning. Five commenters indicated that flow control allows local
governments to decide the best and most protective methods to handle their waste, based upon the solid
waste management hierarchy. Source reduction and recycling take priority over incineration, and
landfilling.  The local governments can then plan for the necessary facilities to implement the chosen
methods of management, and flow control guarantees that the waste will be sent to the proper facilities.
For example, in Florida, a county must meet a 30 percent  recycling goal, have a commercial recycling
program, and have some type of yard waste management program as a prerequisite to siting a waste-to-
energy facility. Two commenters added that the result of flow control will be less waste sent to landfills.
The City of Springfield, Missouri expanded on this issue by stating that without flow control, law suits may

                                       **  Februarys, 1994**

-------
 		 Page 6

 arise over the "improper disposal of solid'waste." An additional commenter, the Greater Lebanon Refuse
 Authority in Pennsylvania, discussed the concept of recycling landfills, or landfill mining.  Through
 recycling, a 200-ton per day 15-acre landfill serving 100,000 people could operate for 100 years, based on
 several repetitive periods of use, recycling, and reuse. This would limit the need for new landfill capacity.

         Five commenters indicated that local governments also are obligated to provide and/or fund all
 supplementary waste management services, such as household hazardous waste collection, curbside
 recycling programs, composting programs, and community education programs.  Flow control is essential
 to keep local governments from going bankrupt trying to fulfill these obligations, in addition to covering
 the costs of meeting regulatory requirements, planning, and public participation in decision making
 activities.

         Three commenters argued that citizens are willing to pay more for integrated solid waste
 management systems that are technologically advanced and, thus, more protective of human  health and the
 environment.  As SWANA pointed out, in many instances, the public has even voted in favor of paying
 higher tipping/user fees than they would for private landfilling in order to obtain the services provided by
 the integrated  systems.  Lancaster County, Pennsylvania adds  that, in its experience, flow  control authority
 is'what allows  the citizens to strive for and achieve the highest quality services and the maximum value for
 their investment. Finally, SWANA asserts  that, without flow  control, state and local governments cannot
 have the municipal solid waste management system of the future that the public is demanding.

        Liability Issues. Six state and local government commenters addressed liability issues. As
 described by NACo, local governments are subject to "arranger liability," which is premised on the theory
 of actual or potential local government control of the solid waste stream, based on the police power
 authority and the government's right to monopolize waste disposal if it so chooses.  If a private
 owner/operator abandons a dump site or landfill, the local government may be liable for clean-up, closure,
 and post-closure care under the Comprehensive Environmental Response, Compensation, and Liability Act
 (CERCLA or Superfund), if they designated (or  arranged) that waste be sent there.  Further, NACo stated
 that these activities are extremely expensive, and many local governments nationwide, such as Tacoma,
 Washington, are incurring significant debt to fund remediation activities. If local governments might incur
 these future liabilities, they should be granted flow control now to build up funds to cover future clean-up
 and closure activities. In addition, flow control is a positive mechanism for limiting a local government's
 future liability since the local government would  have the authority to direct municipal solid  waste to the
 most environmentally protective facilities.  These commenters hold that if local governments  cannot have
 flow control authority, they should not be held accountable for how the waste is managed by the' private
 sector.                                                                         *    )     v

        Waste Import/Export  Four commenters addressed waste import and export issues.  Michigan
 DNR noted that the control of imports and exports of waste across state boundaries is a key  requirement
 in establishing and maintaining a comprehensive  solid waste management system.  This  control has been
 threatened by the U.S. Supreme Court decision in Fort Gratiot.  The Supreme Court held that a Michigan
 law restricting landfill operators from receiving waste  generated outside of the county, unless it was
 approved in the integrated solid waste management plan, violates the Commerce Clause of the
 Constitution. Michigan DNR views  this decision as jeopardizing the ability of counties  to ensure long-
 term capacity, which could eventually lead to a nationwide disposal crisis.  Clinton County, Michigan,
 referred to the Fort Gratiot decision.as crippling the planning process.  If waste generated in Michigan is
 taken out of state, waste from other states will be needed to maintain a sufficient flow of waste to facilities
in Michigan. NACo stated that Congress needs to declare that flow control, and local government
management of its own waste, is not unlawful interference or an  unreasonable burden upon interstate

                                      * *  February 8, 1994 * *

-------
                                                                             	Page?

 commerce.  Finally, Minnesota remarked that a state cannot ensure the environmentally safe management
 of waste sent outside of its borders. Only if other states have equal or better standards and policies would
 waste exportation be a viable option.
                                                                           I
         Use of Flow Control in Negotiations.  Minnesota commented that flow control, or waste
 designation, can often be used as a leveraging tool to motivate voluntary delivery to designated facilities
 when negotiating contracts.  In Minnesota, flow control is the tool of last resort.  In order to adopt a flow
 control ordinance, a county or group of counties must undergo a series of public hearings and state or
 regional approval.  They must attempt to achieve flow control by voluntary delivery before an ordinance
 can be implemented. The City of Urbana, Illinois, echoed this benefit of using flow control as a leveraging
 tool during solid waste management negotiations.

         Private Sector  Issues. Four commenters raised issues regarding  the private sector and flow
 control.  San Diego County, California, pointed out that private companies, when entering contracts, rely
 upon negotiating the type and volume of waste to be sent to their facilities; in effect, a form of flow
 control.  Similarly, granting flow control authority to local governments would allow them to compete with
 private firms and enter into comparable agreements. Private industry would continue to play a significant
 role in solid waste management, as they do today in areas where local governmeats exercise flow control.
                                                                           i
        Hennepin County, Minnesota, recalled that when it  was deciding to finance an integrated solid
 waste management system and impose waste designation (i.e., mandated flow control), companies did not
 raise: opposition. However, companies are now complaining because, as Hennepin County believes, they
 were not successful enough in selling their facilities and technologies when local governments were
 contracting for waste-to-energy facilities. Hennepin County  asserts that EPA and Congress should not be
 persuaded by these companies who want the rules changed for their own financial benefit.  Similarly, the
 Greater Lebanon Refuse Authority (GLRA) asserted that many private companies develop business'plans
 that include the receipt of waste from, or into, flow controlled areas and,  therefore, planned for a greater
 volume of municipal solid waste than  is reasonable to expect under the state and municipal regulatory
 plans. For example, a company may decide to site a landfill  15 miles outside of a county that has flow
 control ordinances designating where the county's waste is sent. The company, however, may disregard
 this flow control authority and plan to obtain a portion of its waste from  that county. GLRA asserts that
 this should not be allowed.  The new facilities, not the  old ones, are the chief flow control antagonists.

        In addition,  Clinton County, Michigan, believes that  the private sector is too unpredictable to be a
 reliable manager of waste.  Citizens would be vulnerable to pricing monopolies, choices between  vendors
 would be removed, and  communities could be unwilling recipients of waste from unknown origins.  The
 local government would end up dealing with frustrated  citizens who experience lapses in service.
        Arguments Against Flow Control. The Village of Westbury, New York, resists flow control and
believes it to be inimical to their interests and to the general public interest for the following planning-
and capacity-related reasons:  (1) flow control locks out capacity to those who need it; (2) burdens citizens
with paying for any excess capacity; and (3) leads to unnecessary transport of waste.

        Ventura County, California, also  raised several arguments against  flow control. The county
believes that flow control and the creation of service monopolies are not necessaiiy to implement
integrated solid waste management plans  and ensure capacity. Through the exercise of police powers, local
governments can solicit private sector proposals for materials collection and designated facilities;
                                         February 8, 1994 *

-------

                   	PageS

 encourage the development of diverse merchant ventures; set service rates and standards; assess fees to
 finance local diversion programs; and provide regulatory incentives to service providers and manufacturers
 who offer system enhancements.  Ventura County further asserts that local government could still make
 financial guarantees if they choose to own and operate all solid waste collection services.

        Capacity objectives also can be met through smaller, more diversified facilities with multiple
 operators and processes.  This more market driven system, in which government serves as a skillful buyer
 of privately financed and competitively priced services, provides greater flexibility, minimizes public sector
 risk, and catalyzes the development of innovative technologies and markets.  A waste management facility
 does not need to be large, monolithic, and expensive.

        For example, in Ventura County, processing curbside program materials costs $65 per ton net of
 revenue at the local materials recovery facility, but only $15  per ton net at smaller process lines operated
 by independent haulers at their service yards.  Establishing small, strategically located green materials
 mulching and vermiculture operations in the County has alleviated the need  for construction of a capital-
 intensive regional composting facility which would quadruple per ton processing costs. In all of these
 cases, cost-effective and market-sensitive capacity has been created in the absence of flow control.  Even
 where large capital projects are essential to integrated solid waste management systems, these regional
 facilities, such as the waste-by-rail megafills of eastern Washington, Oregon,  and the western deserts do
 develop with private capital and without flow guarantees.

 Waste Management Industry

        Six waste management industry commenters that support flow control, and six that oppose it,
 addressed solid waste management and capacity. Another commenter, WMX Technologies, Inc., generally
 supports NSWMA's anti-flow control arguments, but stated that they would not oppose legislation
 establishing flow control of residential recyclables as long as certain conditions were included (e.g., the
 designation is made under a competitive process, facilities not limited to collecting from specific
 geographic areas, and prior investments and arrangements are protected).

        Capacity Issues. One commenter indicated that flow controls guarantee that waste  will flow
 through facilities developed under solid waste management plans, thus allowing for the development of
 increased capacity, and guaranteeing its  viability and efficient use.  Two commenters, however, believe that
 flow control does not create increased capacity.  One company commented that flow control actually may
 lead to .reduced capacity by forcing privately-owned facilities  out of business.  The other company cited
 New Jersey as an example. New Jersey relies heavily on flow control, yet it has still failed to provide
 adequate disposal capacity for its own waste.

        Planning Issues.  One commenter, Ogden Martin Systems, stated that flow control is an essential
solid waste management planning tool.  Local governments need to determine the amount of waste within
 their jurisdictions, and the expected growth of that waste, so that they can estimate the amount of waste
 reduction possible with proposed recycling and composting programs.  A second commenter, California ...
 Refuse Removal Council, echoed this belief, indicating that planned, ambitious recycling and waste     v
 reduction goals could not be achieved without flow control.

BetycUng Industry

        Four recycling industry commenters that support flow control, and two that oppose  it, addressed
issues related to solid waste management and capacity.  Another recycling industry commenter, the

                                       ** February 8, 1994 **

-------
                                                                                              Page 9
California Resource Recovery Association, supports flow control for solid waste, but not for source
separated recyclables.                                                     i
                                                                         -j
        Capacity Issues. The California Resource Recovery Association recognizes the value of flow
control for financing materials recovery facilities and increasing the overall waste management capacity in
a region.  Flow control of source separated recyclables, however, does not accomplish these ends.  In fact,
when exclusive franchises for recycling have been implemented, business generators reportedly have had to
stop recycling some materials because the exclusive hauler chosen was unable to manage the amount of
material and no  other recyclers could service the account.

        Planning Issues. Three commenters indicated that flow control allows local governments to
achieve landfill diversion and recycling goals set  forth in solid waste management plans and/or mandated
by state laws.  In reaching this end, two commenters noted that flow control allows for investment in
landfill alternatives, such as incinerators and composting facilities, which would,  otherwise be impossible.
Local governments may find that these alternative facilities will result in lower overall costs for municipal
solid waste disposal. On the other hand, another commenter believes that facilities should be financed by
their users and, if they are not viable without flow control, then they probably are unnecessary in the free
market.                                                                  j
                                                                         j.
        One recycling industry commenter stated that local governments cannot easily implement
comprehensive, integrated waste management plans without flow control.

Financial Institutions

        Planning Issues. Both Paine Webber and Standard & Poors commented on solid waste
management and capacity.  Paine Webber supports flow control and believes that it is necessary for state
and local governments to effectively plan capacity and determine the amount of capital needed to
implement the plans. While Standard & Poors took no position on flow control, it stated that, "Without
legal waste flow  to limit competition, the result will be significantly lower rated bonds with higher costs
which will make funding an integrated solid waste management system much mbre difficult."

Environmental Groups and Individuals
                                                                         i
        Capacity Issues. A University of Wisconsin research assistant stated that flow control is necessary
to help provide more accurate predictions of quantities of solid waste in order to effectively plan for future
capacity needs.                                                           J

        The Pennsylvania Chapter of the Sierra Club stated that standardized fees under flow  control help
to insure capacity and that many Pennsylvania counties use flow control as a necessary planning  tool. In
addition, Pennsylvania would benefit from using flow control to protect itself from the inundation of out-
of-state waste.                                                            I
        Hierarchy Issues. The Californians Against Waste Foundation opposes put-or-pay contracts
because they may run counter to the waste management hierarchy.  Source reduction and recycling should
be top priorities.  If flow control of recyclables is prohibited, local governments still should provide
recycling services  (e.g., collection) in competition with other local recyclers. Lcical governments could
adopt mandatory  recycling ordinances  that prohibit residential and commercial generators from disposing
of certain garbage.
                                      * * February 8, 1994 * *

-------
	Page 10

       Supporting Other Waste Management Programs.  The Ohio Chamber of Commerce raised the
issue of communities using flow control to collect fees to pay for other waste management programs, such
as household hazardous waste collection or recycling.  Flow control allows for cross subsidies from one
class of rate payer to another. The Chamber of Commerce opposed this use of flow control because
industrial waste generators should not have to pay for programs in which they are not involved.
                                      * February 8, 1994

-------
II.
IMPACTS OF FLOW CONTROLS ON SOURCE REDUCTION AND RECYCLING
                                                                                            Page 11
        The commenters that directly addressed the impact of flow controls on source reduction and
recycling could generally be divided into the following three categories:

        •      Encourages source reduction and recycling efforts;

        •      No effect on source reduction and recycling efforts; and

        •      Detrimental  to source reduction and recycling efforts.

State and Local Governments

        Encourages Source Reduction and Recycling Efforts.  Of the ten state and local governments that
addressed the issue of source reduction, six commenters noted that flow control either had been or was
expected to be beneficial to the source reduction efforts in their states or counties.  It specifically was
noted that increased disposal fees tended to encourage source reduction. The more a generator has to pay
per;volume disposed, the greater the economic incentive the generator has to reduce the amount of solid
waste generated.  One commenter noted that flow controls are necessary to help states meet source
reduction goals.                                                          i

        Of the 33 commenters from state and local government  that addressed the issue of recycling,
twenty-six stated that flow control is either beneficial for or encourages recycling efforts.  In the absence of
flow control, low  tipping fees could result in less recycling overall.  Most of the commenters noted that
without flow control there would be no economic incentive to recycle because the cost to landfill is
cheaper.

        For example, according to the Minnesota Legislative Commission on Waste Management,
mandatory flow control in Minnesota encourages source reduction and recycling because the cost of
managing waste in a mixed waste facility ($156-200 per ton) is higher than the cost of recycling ($100-156
per ton).  Additionally, the commenter from the Maine Waste Management Agency indicated that with
incinerators that depend upon flow control, those who create the waste pay the true costs of waste
disposal.  This provides a financial incentive for waste generators to reduce at the source and  to recycle
whenever possible in order to avoid the costs of incineration.  Specifically, in Maine, recycling increased
from 16 to 30 percent from 1988 to 1991; incineration fell from 45 to 37 percent; and landfilling fell from
9.5 to 4 percent.  In this case, flow control had an extremely positive impact on recycling efforts.2

        Thirteen of the commenters in favor of flow control observed that flow control was necessary for
states and localities to meet their  mandatory recycling goals. The National Association of Counties
observed that many state laws mandate recycling and diversion from landfill requirements.  Local
governments, not private industry, have the responsibility  to meet these requirements. Virtually every
option considered for recycling and diversion is more expensive than landfilling..  Thus, flow controls are
necessary  for states to meet recycling and diversion goals,  because without them haulers would simply
choose the cheapest option, landfilling.                                     j
        These percentages do not add up to 100 percent, however, they are the:numbers that appear in the
comment.
                                          February 8, 1994 * *

-------
 	:	Page 12

         Hennepin County, Minnesota wiii recycle and compost 50% of its waste in 1993; in 1992 only 2%
 of its waste was unprocessed and landfilled.  This achievement is attributed to the successful use of flow
 controls. New Jersey has a mandatory recycling goal of 60% and flow controls are expected to help the
 state meet that goal.

         Also, according to Union City, New Jersey, solid waste collectors and facilities are regulated as
 public utilities whereby rates are subject to regulation to avoid price gouging and to ensure reasonable
 rates. Since the govejnment is responsible for ensuring services, flow control positively impacts the
 delivery of solid waste recycling and disposal service by county implementing agencies.  With the adoption
 of mandatory recycling goals (e.g., 60% by 1995), solid waste management districts have an  obligation to
 provide a management strategy whereby at least 60% of their waste streams are returned  to the economic
 mainstream as raw materials.  Thus, as a result  of the recycling mandate, source reduction and recycling
 are encouraged in New Jersey.

         The commenter from the City of Milwaukee  noted that without flow control, recycling would
 suffer as a result of the fluctuations in market conditions. Without flow control as the market,varies,
 private haulers have to adjust the cost of processing to reflect these changes. Further, the vendors of
 recyclable processing and marketing services suffer because they are unable to guarantee end users a
 reliable quantity and quality of product. While  Milwaukee implied that with the implementation of flow
 controls, the market would fluctuates  less, they  did not address specifically how this situation would be
 made more effective under flow control.

        No Effect on Source Reduction and Recycling Efforts.  Three of the state and local government
 commenters noted that flow controls were not incompatible with nor an impediment to source reduction
 efforts.  As one commenter noted, flow control  has little impact on source reduction because companies
 have always taken their own source reduction initiatives (e.g., in Delaware companies now fabricate 27 to
 29 cans per pound of aluminum as compared to 20 to 28 cans when cans were first introduced into the
 marketplace).

        One commenter, from the Pennsylvania Department of Environmental Resources, noted that flow
 control would have no significant impact on recycling efforts in the state since recycling is mandatory for
 most of the state. Currently, recyclables are not subject to flow control.

        Detrimental to Source Reduction and Recycling Efforts. One commenter found flow control to
 have negative impacts on source reduction efforts.  The commenter from Ventura County observed that
solid waste management obligations and source  reduction are inherently in conflict. Flow controls that
 require collectors to maintain a steady stream of waste to a facility can provide disincentives for source
 reduction.

        Six commenters noted that flow control has some negative effects on recycling efforts. The
commenter from the Minnesota Legislative Commission on Waste Management noted that flow controls
may stultify recycling as a permanent waste management practice rather than allow it to develop into a
materials marketing system.  According to the commenters, the development of a materials marketing
system is the only way recycling will become a permanent part of the production process.

        Mayor Sheri Barnard, of Spokane, Washington,  stated that under flow control, local governments
contract primarily with large national corporations, making competition by small recycling.firms nearly
impossible. In some cases, when all waste is designated  to a specific incinerator, small recyclers are
                                         February 8, 1994 *

-------
                                                                                             Page 13
  prevented from using their new recycling technologies. Therefore, the overall level of recycline
  diminished.                                                  ,                      /  "s
is
         The commenter from the Michigan Department of Natural Resources stated that flow controls
  might hurt recycling efforts, unless revenues from the disposal facility could be used to support recovery
  facilities through an integrated waste management program. The commenter from the Greater Detroit
  Resource Recovery Authority observed that flow control ordinances could possibly result in a build up of
  recyclable materials, which might result in the unsanitary storage of recyclable material or possibly even
  lead to illegal dumping.                                                    ;                J
                                                                         . i
         Although three state and local -government commenters noted some negative impacts of flow
  control, two of the six commenters were vehemently opposed to flow control.  The comments of the
  Incorporated Villages of Westbury, Mineola, and New Hyde Park, New York, noted that with flow control
  recyclables become a burden, not an opportunity.  This  burden occurs because unnecessary transportation
  costs add to the management costs for recyclables.                            j

         Ventura County observed that flow control eliminates competition over the supply of wastes and
  ignores the effect of the recyclable market dynamics on  planning, program development, and service
 delivery. Specifically, Ventura County noted that flow controls inhibit the development of a recyclables
 market. Long-term commitments to facilities  both decrease the local government's ability to respond
 effectively to changes in the commodities  marketplace and provide a disincentive to develop and utilize
 innovative and more cost effective waste management alternatives. Moreover,' costs increase due to a lack
 ot competition, and lower service choices  and  quality lead to customer disenfranchisement  Flow controls
 also restrict a manufacturer's access to recyclables, thus  limiting essential market development.

 Waste Management Industry                                                  \

         Encourages Source Reduction and Recycling PMrirte. Four commenters observed that flow control
 can provide benefits for recycling efforts.  Two commenters noted that flow controls  allow local
 governments the ability to maximize recycling and meet  recycling goals. With flow controls, localities can
 require that collectors recycle materials that cannot be recycled economically.  Another commenter added
 that flow controls help to develop new markets for recyclable goods because of the increased predictability
 of quantity and quality of recyclable material.  Another commenter stated that because of the financial'
 security provided by flow control, major investments are  made in new facilities that use recycled raw
 materials. Therefore, increased recycling is a benefit of flow control.            i

 „      No Effect on Source Reduction and Recvclmy Effort.  Four commenters stated the position that
 flow control neither ensures nor encourages recycling.  Two commenters in particular noted that the only
 way to ensure recycling is to strengthen the market for recycled materials.

 th  .    Detrimental to Source Reduction and Recycling  Efforts.  Most of the commenters did not address
 the issue of source reduction directly..  A few commenters did note that flow control did not encourage
WHSlc rCuUCtljDIl.                                            '
01  . , .,9 tommenters from the ^^e management industry that addressed the issue of recycling
21 stated that flow control would be detrimental to the recycling industry and recycling efforts.  Some of
the reasons cited for disapproving of flow controls include-
                                         February 8, 1994 * *

-------
                                                                                            Page 14
        •       The creation of a monopolistic environment that inhibits innovation in the recycling
               marketplace;

        •       Protection of hauling practices that allow wastes to be mixed, thus degrading the
               resources; and                                                           •

        •       An increase in  the fixed costs for recyclers.

        Frank Perrotti & Sons, Inc of Woodbridge, Connecticut stated that when municipalities fall short
of meeting their put or pay obligations, they have an incentive to reduce recycling to meet their other
obligations. The commenter noted further that, the more effective a municipality is  at meeting its
recycling goals, the less likely it is to meet its put or pay obligations under its solid waste contract with a
Resource Recovery Authority.

        The commenter from Waste Stream, Inc.  (WSI), located in New York, used their firm as evidence
of the fact that flow control thwarts the efforts of successful recycling firms.  In WSI's case, the St.
Lawrence Solid Waste Disposal Authority planned to build a  waste-to-energy facility, but worried  more
about having enough waste volume to guarantee adequate cash flow for financing the facility than about
the development of an effective recycling program.

        SEMASS, which is a waste-to-energy facility located in Massachusetts, represented a different
perspective.3 They stated that if flow controls were implemented in the SEMASS service area, and waste
were directed to a landfill rather than the SEMASS facility, many potentially recyclable materials would be
landfilled, and society would lose the recovery value of those  materials.

Recycling Industry

        Encourages Source Reduction and Recycling Efforts.  Two commenters noted that flow control
might be beneficial for recycling efforts.  National Recovery Technologies, Inc. observed that flow controls
could encourage recycling if the waste stream is directed toward facilities that process mixed solid waste.
Flow control also  might encourage recycling if some of the tipping fees collected at  public facilities could
be used to pay for recycling and composting programs  including curbside and drop off programs.  Marin
Resource Recovery and Recycling Association (California), observed that flow controls will enhance
recycling opportunities and the ability of individuals to participate in local recycling programs, however,
they never provided any examples.

        Detrimental to Source Reduction and Recycling Efforts.  Of the  17 commenters from the recycling
industry that addressed the issue of recycling, 15 stated that flow control  would have negative effects on
recycling efforts, particularly on the  future of the recycling industry.  Ten commenters noted that  the
monopolistic nature of flow control  would be detrimental to  the recycling industry and efforts for future
expansion. As one commenter from the Chicago Paperboard Commission stated that even the threat  of
flow controls reduces the incentive to invest in the recycling industry. The most noted opposition to flow
control is  that without free markets  for recyclables, recycling firms would be unable to do business because
of the restricted access to raw materials. Recyclers also oppose flow control because they are concerned
that the lack of competition will reduce innovations in the recycling industry.  Another obstacle flow
control imposes on the recycling industry, noted by six commenters, was  the potential degradation of
    3    Some states including Rhode Island classify waste-to-energy facilities as recycling facilities.

                                       * * February 8, 1994 * *

-------
                                                                                             Page 15
                           hau"ng o( mixed
 Financial Institutions
 .    .   . Encourages Source Reduction and Recycling Effort.. Paine Webber was the only financial
 institution that addressed the impacts that flow control would have on recycling.  They commented that
                                              programs by improving the abty of Iocal
 Environmental Groups and Individuals                                       \

 P   .    Encourages Source Reduction and Recycling Effort..  On* ^mm<.nt<.ryni rh~ In;titutc for
 Environmental Studies at the University of Wisconsin stated that flow control is necessary to help
 Wisconsin meet its recycling goals.                                         I                v
  f > ,                   Sierra Club °bServed that if states are Pe™itted to exclude waste generated out-
 of-state through the use of flow controls, each state will have more incentive w effectively promote
 recycling and source reduction within their state.  Governments need to be able develop integrated solid
 waste management plans that incorporate recycling. Flow control provides a tool that will permit state
 and local governments to meet their responsibility to implement such plans.

        Bio-Engineering Fuels, an alternative energy company located in Washmgton, observed another
 way m which flow control has positive effects on recycling efforts:             i               Coiner

               Without flow controls, recycling and source reduction will suffer because it is cheaper to
               landfill everything.  Many private companies do not want the expense or the hassle of
               reducing their use of landfills to manage their solid waste.     |             .
                                                                          t
        Detrimental to Recycling Efforts.  The California^ Against Waste Foundation noted that flow
control has the following negative effects on the recycling industry:                                  *

               Flow controls limit the amount of material ultimately diverted. ! An exclusive franchise on
               recyclable material could prevent a recycler from collecting material that a franchise
               hauler does not collect.
            •  '                                               '             !

               Flow controls limit  the quality of the material that is collected and marketed The
               exclusive hauler may offer only mixed waste processing or minimal source separation.

               Flow controls reduce the incentive for a company to reduce costs via source reduction or
               recycling.  An exclusive franchise that controls both solid waste and recyclables may offer
               a  flat rate for services.  In  this case, a company must pay the same amount to have both
               its solid waste and recyclables removed regardless of the volume of waste to be recycled
               mis situation might be remedied by the  introduction of a tiered fee structure to
               encourage  the hierarchy of source reduction, recycling, and then disposal. With such a fee
               structure, the franchisee might charge the company less money to remove recyclable
               material.                                                               '
                                         February 8, 1994

-------
	Page 16

 Generators want to have the flexibility to choose the recycling company with which they
 do business, especially when the generator is a chain with outlets in different states.  Flow
 control may hinder the development of company-wide recycling programs for generators in
 this position if different outlets of the company must operate under different flow control
 restrictions.                                                            .
                       * *
                           February 8,1994 * *

-------
                                                                                            Page 17
III.
IMPACTS OF FLOW CONTROLS ON ECONOMICS
State and Local Governments

        Increased Disposal Costs. One of the main points stressed by state and local governments was
that the goals of government and private industry differ in providing waste management services.  Private
industry seeks profit, while government seeks the safest, most cost effective method for managing waste
and protecting human health and the environment, without producing a profit. Governments reach their
goals by developing comprehensive waste management plans, which often incorporate recycling and
composting programs as well as construction plans for state-of-the-art, environmentally sound, disposal
facilities.  Realizing that their plans are expensive to implement, 22 governments defended increased costs
stating that the higher goals of long-term waste minimization  and increased protection of public health and
the environment supersede any short-term negative impacts of increased costs.

        Fifteen commenters claimed that flow controls are necessary to acquire waste for facilities and
guarantee revenue to finance them.  Four government commenters specifically stated that current solid
waste management systems would suffer greatly if flow control authority were removed.  Existing facilities
would not receive adequate quantities of waste and, thus,  could  not repay their debts. State and local
governments  that have already invested large amounts of money and capital in facilities dependent on flow
control, financially would be devastated.  The Concord Regional Solid  Waste/Resource Recovery
Cooperative,  formed by 36 municipalities in New Hampshire to  manage the financing, construction, and
operation of waste-to-energy facilities, fears that the municipalities  will  not be able to meet their 20 year
put-or-pay commitment to deliver solid waste without flow control. A put-or-pay commitment means that
a municipality must deliver a specified amount of solid waste and must  pay its vendor (e.g., the
Cooperative) its fee, whether or not the solid waste is delivered  to the facility. Haulers will choose to take
the waste to cheaper facilities, such as far-off landfills, for disposal. The League of California Cities
advocates  that "one size does not fit all," and that current flow control flexibility must be retained.

        Five  state and local governments stated that flow control does not create inefficiency. They said
instead that flow control will ensure that the least expensive and least risky method of financing facilities is
implemented. One commenter took the argument a step  further implying that the current approach to
waste management, without flow controls, is inefficient.                     j '

        Market Inefficiencies. Sixteen commenters countered the argument that flow control inevitably
results in a monopoly stating that with flow control, competition is still an integral part of the waste
management  process.  Vendors must compete to win bids when  local governments  contract with the
private sector to provide waste management services.

        Five  commenters remarked that flow control establishes a fair and level playing field  by stabilizing
solid waste management prices and disposal/tipping fees.  As  the City of Tampa, Florida, stated, "In order
to keep the price  manageable, one entity must be able to balance the total fiscal aind waste stream picture."
Delaware levies uniform fees  on commercial and residential generators of waste such that all  residents
share the total cost of solid waste management, which is treated as  a public utility. As experienced by
Marion County, Oregon, flow control ensures that waste is sent  to the local waste-to-energy facility, so that
the county can meet its contractual obligations.  Failure to meet this commitment would  cause increased
garbage rates. "The control was, and still is,  necessary to keep rates stable." Finally, two commenters
noted the economies of scale gained by aggregating waste for collection and processing on a regional or
state basis.
                                          February 8, 1994 * *

-------
  		Page 18

         The Town of Wallingford, Connecticut, commented that there is no evidence to indicate that there
  are either more or less inefficiencies in flow control municipalities than in other communities  They stated
  that, "Connecticut, which allows flow control by statute, is one of the most successful states in the U S in
  its construction and  utilization of waste-to-energy, plants and MRFs."

  Waste Management Industry

         Increased Disposal Costs. The majority of waste management industry commenters (35 of 60)  '  >•
  specifically stated that  flow controls foster the monopolistic control of solid waste by local governments
  and inevitably lead to increases in cost without concurrent increases in benefits. "The commenters
  generally stated that when laws restrict or abolish competition, the natural market forces that keep prices
  from unnecessarily rising disappear.

         Many waste  management commenters provided examples of situations where disposal costs in
  counties with flow controls exceeded disposal costs in neighboring free market counties.  A solid waste
  collector in Mercer County, New Jersey (the name was not provided), where flow controls presently exist
  described such a situation. The commenter stated that under flow controls in Mercer County  trash
  haulers must pay S117.81 per ton to dispose of municipal solid waste and $13636 per ton to dispose of
  construction debris at a transfer station owned by the county.  All trash from the transfer station is then
  delivered to a privately owned and competitively operated landfill in Pennsylvania where the fee for
  dumping is only $55  per ton for either municipal solid waste or construction debris.  The result is that
  haulers in Pennsylvania pay $55 while haulers in Mercer County pay $117.81 or $136.36 for disposing the
 same amount of trash that will eventually go to the same place.

         The Waste Material Trucking Company Inc., located in Southington, Connecticut, provided
 another example of increased disposal costs  due to monopoly control.  Residents and haulers in
 Southington, once accustomed to free trash disposal at the now closed Southington landfill currently must
 deliver their waste to the  nearby Bristol waste-to-energy facility. Tipping fees have increased since the
 time the Bristol facility opened from $37.50  in January of 1988 to $55 in July of 1993 Rates increase
 every year, and they now more than double the disposal fees charged in nearby Massachusetts towns that
 operate under free  market conditions.  The Waste Material Trucking-Company is outraged because it
 cannot take advantage of lower cost options, though they are available.

        Some comments made by the waste management industry dealt with taxation issues  Five firms
 implied distrust of governments in their use of revenues resulting from flow control.  These firms stated
 that government officials use flow controls to create hidden taxes  that sometimes support projects
 unrelated to waste management. In addition, three commenters noted that ironically, as governments
 attempt to raise more revenues with flow control, excessive costs are actually driving private firms out of
 business, leading to an overall decline in tax revenues.

        Market Inefficiencies. Almost half of the waste management industry commenters (27 of 60)
 specifically stated that flow control leads to inefficiency. Commenters addressed the inefficiencies
 experienced both by government owned or government subsidized firms in general, and the inefficiencies
 experienced by private firms as a result of flow control.

        Because government owned businesses do not fear competition and loss of revenue  they do not
 have incentives to cut costs and improve efficiency.  Flow control effectively shields government owned
waste management facilities from free market forces by guaranteeing waste and revenue. Consequently
 prices increase and efficiency suffers.  In support of this argument, one commenter (Container Corporation

                                     * * February 8, 1994 * *

-------
                                                                                            Page 19
of Carolina, Inc.) pointed to a Virginia study comparing public and private trash collection services in the
Virginia suburbs of Washington, D.C. The study determined that in general, publi'p facilities were much
more expensive and far less efficient than private ones (e.g., municipal departments used smaller trucks
and therefore, had to make more trips to dump sites, they also used larger pick-up crews but served fewer
homes per shift, and public employees were absent a greater percentage of time).

        Not only were commenters displeased by the inefficiencies of government owned facilities, they
also were unhappy about the inefficiencies forced upon private firms by flow control.  Private firms
described situations in which they were forced to haul waste long distances to comply with flow control
laws when more conveniently located disposal sites were available.  Being forced to dispose of waste in
inconvenient, distant locations often resulted in backtracking of waste, longer hours for haulers, and higher
costs due to extra fuel use.  Other, less obvious consequences  included increased air pollution, greater
probability of accidents due to more hours on the road, and more wear  and tear on roads and highways.

        York Waste Disposal Inc. provided an example of the inefficiencies private firms must endure as a
result of flow controls that prohibit waste export.  York cites  a specific example involving the Township of
Deny in Dauphin County, Pennsylvania whose waste, prior  to flow control laws, was hauled to the waste-
to-energy facility in York county as out-of-county waste. Because the hauling distance was only five miles,
waste disposal was being handled efficiently. However, flow control laws forced Deny to transport its
waste to the Dauphin Meadows Landfill, 35 miles away. The  additional hauling distance requires more
diesel fuel, more wear and  tear on trucks, and causes more  air pollution.  Additionally, York stressed that
absolutely nothing is gained from choosing one disposal site over another because, they are both
environmentally safe (double lined landfill versus incinerator).

        With flow controls, private firms also complained that they had to choose facilities with
unfavorable credit terms and operating hours.  These are often serious considerations for smaller
companies, which do not have the financial flexibility of larger firms.

        Four representatives of the waste management industry commented that flow control is a form of
economic protectionism. They believed that shielding facilities, whether or not they are government-    *
owned and operated,  is  often detrimental to the economy, unproductive, and inefficient.  Commenters
believe that flow control should not be allowed to keep facilities operating by guaranteeing waste, when
those facilities would not otherwise survive under free market conditions.  One company questions why
government-owned facilities need economic protection to survive, when privately-owned facilities operate
successfully without any form of revenue guarantee.                                        .     ,.
                                                                        i
        One commenter stated that large government construction projects, such as those resulting from
flow control, are often unnecessarily costly and highly inefficient.  Local governments often waste tax
money on poorly planned projects. Projects are more likely to succeed if handled by the private sector,
which is driven by the free market.
                                                                        •i
         Disincentive  to Investment  Another complaint made by nineteen waste management industry
 representatives was that incentives to invest are often curtailed by the prospect of flow control. If
 companies believe their revenue stream will be removed by government-owned facilities that are supported
 by flow control, they  are unlikely to  invest millions of dollars on new and potentially risky ventures.

         Energy Answers Corporation (EAC), stated that, contrary to arguments claiming that flow control
 reduces financial risks by guaranteeing waste and revenue, flow control does not guarantee financial
 success, and lenders and bondholders oppose flow control because it creates uncertainty when planning
                                                                        i
                                       * * February 8, 1994 * *

-------

  and developing a project.  For example, if social or economic changes occur, such as shifting populations
  then facilities will have no mechanism to adjust their disposal options if they are limited to a specific    '
  geographic area.                                                                       *y^u.^
  rt^m         c,  flowucontj01 is not necessary to support a facility.  EAC is responsible for the
  development of SEMASS, a three hundred million dollar resource recovery facility in Massachusetts
  Although SEMASS is one of the nation's largest waste-to-energy facilities in the country, EAC has never
  requ,red flow control for any aspect of its development or operation.  All of EAC's projects are privately
  financed and rely on long-term negotiated contracts. The SEMASS Partnership, owned by EAC  is an
  SSS oo  a '"""^lly operating facility that never utilized flow controls.  In order to secure financing
  fhtt H T re(1Uired ^ '? lenders to secure i'000 t°ns of waste under long term contract. They were'
  able to do th,s successfully by negotiating with 32 cities and towns and by demonstrating that they would
  provide the most cost effective disposal option.

          Supporters of Flow Control. Ten of the 60 waste management industry commenters supported
  flow control.  Two stated that flow control did not result in monopoly control and instead, provMed a
  balanced playing field for all waste management companies.  With flow controls, smaller firms could
  compete evenly with larger firms; without flow controls, larger firms, especially those with their own
  management facilities, could undercut prices and capture most of the waste market. Oeden Martin
  fnTnn-', H' C°mmented l!)a' flow controls in northern Virg™a  Dually caused competition to flourish
  IK?   ? ?•          °Ver 8°° mdividual trash collection and disposal contractors compete for business
  within Arlington County, Fairfax County, and the City of Alexandria.  Four of the confpamS argue that
  ?,°LC° r°  K neCCSSaiy t0 gU3rantee W3Ste t0 fadUtieS' Which in tum  grantees that the facility owners
  (either local governments or private firms) will pay off their debts.  Minnesota Resource Recovery
  Association added that haulers would simply choose cheaper alternatives.

 Recycling Industry

 ..  t  .   Incr^sed Disposal Costs.  Ten recycling industry commenters either explicitly stated or implied
 toat  flow controls create monopolies  and cause price escalation. These commenters agree  that the free
 market is responsible for keeping prices at reasonable levels and that flow controls interfere with the free
 market system causing all the benefits associated with competitive markets to disappear eg Tystem
 upgrades, improved quality of service, market development, and low prices).
 C,*,»H K             alS° belieV6S that fl°W C0ntr°1 is a t001 "** to disguise new taxes.  However, as
 stated by another commenter, increased costs resulting from flow control can drive private recycling firms
 out of business and therefore reduce tax revenues.                                     lowing nrms
  °f phC rCCyCling indUStry "Centers feel that flow controls would
 result in                           p
 result m either inefficient collection of recyclable goods or inefficient waste disposal in general  Four
 commenters also stated that flow controls would retard the development of the^ecycinf ma ket by
                                                                                          from
™
     '
                          the e£fects of flow contro1 °« ^centives to
     that regulate recycling will prevent further private investment in
fl°W C°ntr0lS ""8* ^ Private sector recycli"g investments and crush
        ,       -      ' T mg  °W C°ntr0lS ""P8* ^ Private sector recycli"g investments and cru
any mcentive to invest m the recycling industry. In addition, the municipal operations taking control of
                                        * February 8, 1994 * *

-------
	;	s	|	j	Page 21
                                                                          i
                                                                          i
recycling efforts have less incentive to invest in state-of-the-art facilities in an .effort to increase efficiency,
because they are protected from the forces of the free market.                i

Financial Institutions

        Market Inefficiencies.  Only two financial institutions commented, Painle Webber, Inc. and
Standard & Poor's Corporation.  Paine  Webber stated that competition still exists with flow control since
haulers must competitively bid to haul waste for municipalities. Standard &  Poors also commented on the
market effects of flow control stating that flow control would limit competition.,  In general, Standard &
Poors is neutral on the flow control issue, stating both that, "flow control is noi:  necessary for a solid waste
issue to receive a high rating" and yet "if municipal solid waste facilities are to be financed with tipping
fees, legal waste flow is needed to have  strong investment grade ratings and the lowest possible borrowing
costs to the municipality."

Environmental Groups and Individuals

        Increased Disposal Costs.  Three commenters opposing flow control stated that it creates
monopolies and results in higher costs to consumers. They said that when a  monopoly replaces the free
market system, prices increase and the consumer suffers.                     [

        A University of Wisconsin research assistant supporting flow controls, stated that if large regional
landfills are allowed to underbid the services provided by county-wide or municipal disposal systems, the
government-owned facilities will not be  able to compete.  Consumers will choose the cheaper option in a
free market system.  Flow control ensures that consumers will pay the higher disposal costs necessary for
an environmentally safe facility.

        The Pennsylvania Chapter of the Sierra Club agreed stating  that flow control is needed to help
cover the costs of existing solid waste disposal facilities.
                                                                          i
     .   Incentives to Investment.  One  commenter also stated that flow control  is necessary to.convince
investors^to buy the bonds that finance facilities.  Without revenue guarantees, the ability to plafrand
finance new,.state-of-the-art facilities would be greatly reduced.
                                       * *
                                          February 8,1994 * *

-------
  		     Page 22

  IV.     IMPACTS OF FLOW CONTROLS ON RECYCLABLE MATERIALS

         Comments concerning recyclables and flow controls could be divided into the following three
  categories:

         •       No exclusion of recyclables;

         •       Limited exclusion of recyclables; and

         •       Complete exclusion of recyclables.

         Addressing the exclusion of certain materials from flow controls, most of the comments from the
 recycling industry raised the issue of discarded versus non-discarded materials. The position of these
 commenters on the use of flow controls to manage materials depended on whether flow controls could
 regulate all materials or only materials discarded (e.g., placed at the curb or delivered to a recvcline
 facility).                                                                              }    B

         Some of the commenters included in the. "Complete Exclusion" category did not provide a
 definition of recyclables or differentiate between clean and mixed  recyclables in their comments. As more
 information concerning this distinction was acquired, it appears that most commenters believe that source
 separated  recyclables should be excluded from flow control.

 State and Local Governments

         Of the 74 commenters from state and local government, 36 commenters directly addressed the
 issue of materials covered by flow control ordinances.  The central issue raised in most of the comments
 was defining recyclables and determining who has the right to regulate them.

         No Exclusion of Recvclables.  Fourteen commenters noted that the government had the authority
 and/or the need to control the flow of all municipal solid waste, including recyclables.

        Two commenters justified the authority of municipalities to implement flow control over
 recyclables by explaining that it enables them to meet state recycling goals.  The commenter representing
 the League of California Cities observed that without the authority to control the flow of recyclables, cities
 will not be able to meet the ambitious diversion mandates established by California law  and by 1995 will
 be subject  to fines of $10,000 per day.  Further, if recyclables are  exempted, many contracts will be void
 and exclusive franchisees will be unable to meet their obligations.  Local governments also will experience
 similar revenue/tonnage problems.

         Regional Waste Services, Inc. (RWS is an organization representing 21 municipalities in Maine)
 expanded on this by adding that all household, commercial, industrial, municipal, and institutional solid
waste, including the recyclable component of the waste stream in Maine, is the property  of RWS  As a
 result of this ownership, RWS has the right to subject all discarded and unused materials regardless of
 their material value to flow controls.4 RWS stated that recyclables need to be included to  help each
municipality in Maine meet its mandatory recycling goals.  Each municipality in Maine is under a statutory


       According to state regulations, municipalities may designate certain  materials as  recyclables and
exempt them from flow  control.

                                      * * February 8, 1994 * *

-------
 	—	:	:	I	Page 23
                                                                       .  j                ....
 mandate to recycle 50% by January 1, 1994.  If a municipality fails to make reasonable progress towards
 this goal, it will be assessed $1.50 per ton on its tipping fee.  Since the responsibility to meet these
 recycling goals ultimately falls on the municipalities/it is likely that the encouragement of voluntary
 recycling by generators will result in the imposition of penalties against the municipalities.5
                                                                         i
         In  September 1992, New York City approved a Solid Waste  Management Plan consisting of
 ambitious source reduction, recycling, landfilling, and incineration programs.  As part of the plan, New
 York City will consider promulgating flow control pursuant to New York City Administrative code §16-
 201 et seq., that will facilitate the recycling and composting of some categories of residential, institutional
 and commercial solid waste.  Since the Department of Sanitation  only collects waste from residential and
 certain institutional generators, flow control may need to be employed to direct certain categories of
 recyclables  and/or compostable solid waste currently collected by the private sector to specialized handling
 facilities in order to meet planning goals.                                  I

        Limited Exclusion of Recvclables. Ten commenters stated that while recyclables were different
 from the rest of the municipal solid waste stream, it was important to be selective in excluding recyclables
 from flow control. Most importantly, there was considerable  concern that "recyclables" and "recycling" be
 clearly, universally, and equitably defined.  Some commenters described the recyclable materials excluded
 from flow controls in their own state. These exclusions are implemented in two ways: some states list
 specific materials  to be excluded from flow controls and other states list the materials  actually subject to
 flow controls.                                                            j

        According to the Maine  Waste Management Agency,  Maine flow controls cover residential,
 commercial, and industrial waste, as well as recyclables that are abandoned or discarded by the owner.  In
 Maine, commercial businesses with their own disposal facilities are an additional exception.6

        According to the Minnesota Legislative Commission on Waste Management, municipal solid  waste
 flow control or waste designation in the state is based on a waste managemenl: hierarchy (source reduction
 recycling, waste-to-energy, landfilling). This approach allows designation onlyifor wastes that would
 otherwise be managed in a less environmentally sound manner.  The state will not authorize the use of
 flow controls for waste that is being managed at a facility using a method that occupies the same or higher
 place on the state's waste management hierarchy (e.g., flow controls could not: be applied to MSW
 currently being managed at a waste-to-energy facility in order  to send the waste to a landfill).  Waste
 designation may not be applied to source separated recyclables.  Also exempt from designation is waste
 processed at a resource recovery facility in operation at the  time a designation ordinance goes into effect.
 Anyone can apply for exclusion from designation,  and it must  be granted if it would not financially impair
 the facility.  Designation encourages source reduction, recycling, and waste management facilities at the
 higher end of the hierarchy and discourages the use of landfills.
        The municipality may have trouble tracking the voluntary quantities recycled and thus may not be
able to demonstrate that they have met their recycling goal.

         This differs slightly from the language in the state regulations, which states that municipalities
may require delivery of solid waste to a designated facility.  Under the regulations, municipalities may
designate certain materials as recyclables and exempt them  from flow control.
                                          February 8, 1994

-------
                                                   	Page 24
                                                   >             -
        While the Michigan Solid Waste Management Act does not authorize flow control, it does
 regulate the entire solid waste stream except for hazardous and liquid wastes. According to the Michigan
 Department of Natural Resources, Michigan also exempts certain recyclable materials from the Solid
 Waste Management Act, "if they are separated and actually being recycled." In Prince Georges County,
 Maryland, the local government has the authority to direct all solid waste, but exempts construction
 demolition debris, commercial recyclables (i.e., white paper and corrugated cardboard), old cars, sludge,
 and asphalt.'

        According to Lycoming County, Pennsylvania, flow control is authorized for curbside separated
 recyclables and delivered recyclables for all commercial, industrial, household, or institutional recyclables
 (i.e., flow control  is authorized for discarded materials).  Lycoming does exempt charities, private industry,
 and residential drop-off or buy-back centers from flow controls. The Solid Waste Authority of Central
 Ohio, excludes secondary materials recovered from a materials recovery facility, as long as they are
 destined for market and not another disposal facility.

        The Florida Department of Environmental Protection states that recovered materials, (defined as
 those with known recycling potential that have been diverted from the solid waste stream for sale, use, or
 reuse) are exempt from municipal solid waste flow control if the materials are used within one year, they
 do not cause pollution, and they are not hazardous or derived from hazardous wastes. While local
 governments have the right to exclusive collection of recovered material from residences, they cannot
 restrict the flow of commercial source-separated recovered material.

        Union City, New Jersey explains that flow control should govern all residential, commercial, and
 industrial solid waste, including recyclable material, unless they are separated at the point of generation
 (e.g., source separated).  This is necessary because only a public entity will resist market forces and recycle
 material instead of opting for the cheaper landfilling.

        Illinois authorizes flow controls  for the management of all municipal solid waste including
 recyclables. However, Illinois considers that  each planning jurisdiction should have the authority to decide
what materials to  include for flow control in  their municipal solid waste management plans.

        Champaign, Illinois considers that municipalities need to control the entire residential waste
stream in order to achieve economies of scale and to assure adequate volumes to finance programs and
 facilities.  To achieve this, Champaign suggests that all residential waste  (including recyclables), all
commercial solid waste  (excluding source-separated recyclables), all industrial waste (excluding source-
separated recyclables), and all landscape waste should be covered  by flow control.

        The commenter from the Resource Recovery Project in Wallingford, Connecticut, which
represents 5 counties, explained that the authority to control the flow of municipal solid waste and
residential recyclables is essential to enable states to finance waste-to-energy plants, landfills, and materials
recovery facilities.  Many Connecticut municipalities have guaranteed waste and/or recyclable streams to
enable the financing of such facilities. At the same time, the commenter also  noted that it seems logical
to treat recyclables as separate once they have been segregated.7
        Under current regulations, municipalities in Connecticut may designate where solid waste and
specified residential recyclables may be managed. •

                                       * * February 8, 1994 * *

-------
  ' — : — • - - - : - : — . _ j ____ Page 25
                                                                        I
        .  Complete Exclusion of Recyclable*. Twelve state and local governments hold that recvclahle
  material should be excluded from flow controls.  Most of these twelve noted that flow contSou Id be
  applicable only to municipal solid waste, which should be defined to exclude recyclables.

  Waste Management Industry
                                       ~                                 !
  r^,HQMN° Exclusio" °f ««^I"M^.  One-commenter from the waste management industry stated that
  recyclables were no different than any other material in the solid waste stream.  In their opTn on  no basis
  exists for excluding some materials from flow controls while including others.

          Limited Exclusion of Recyclahles. Of the seven waste management industry commenters on  this
             n°ted ^ "*»** **"* °f feCyClable materfal Should be exemP< from7ow ZSr
                m!    i?    thafl' only materials to be sold or donated materials «" safely *
  exempted from municipal solid waste flow control.  Two other commenters from WMX Technologies and
  Mid-American Waste Systems, Inc. stated that while they were not opposed to the flow control of
  residential recyclables, commercial recyclables should not be subject to flow con^l L LSrd iL to WMX
  local  government should not assume the responsibility or burden of managing conun^
  wastes except to the extent that regulations are necessary to protect human health and the

                       as a Iong histoiy of being
    .   Complete Exclusion of Recyclahles. Three waste management industry commenters stated that it
was inappropriate for government to subject recyclables or materials of any vaL toTow «n£T T^ese
defineeCd0rnenter; T/^ ""' ^ §°vernments need <° control municipal solid waste ™e "enter
defined municipal solid waste as residential waste and another commenter referred to municipal solTd
waste as any materials that have been discarded).                                  uiumwp«u sona

Recycling Industry                                                       \
                                                                       ]
                   ll c°™menters from, the recycling industry that addressed the issue of materials
                  SUC ^ the'need t0 ClCarly define the extent to which recJclaWes should be subject to
                  C°mmenter Stated that ^^ the Aerials covered by -flow control ordinanSs
        r
  ssendaf
        No Exclusion of Recyclahles.  One commenter observed that even if a material is

           "    tU1 ' SOUdVaSte and inhCrently "^ Present many of the ™nTo^
 health and safety as any other solid waste and 'ito^^^^Z^E^™^
 availability of markets that determines a material's recyclability.              merentiy. it is the

        Limited Exclusion of Recyclahles.  Seven commenters stated that flow control of recvclables is onlv
 appropriate when the materials have not been separated from the waste stream or wtf maSak have   Y
 been discarded through actions such as placing the materials on the curbside.  Qne colTenSr Iborated
 on the need to categorize recyclables into at least two types based on their management pathway?  Trfe
 first type entails  removal of recyclable materials from discarded solid waste. Since this is a  reS'ted solid
waste activity recyclables following this path may be subject to flow controls. T£ ec^ndVattway
however, involves source separated materials that have never been part of the solid waste stream This
second category is not waste management but resource management  Flow ^nT
here.  Recovered materials are not solid waste and not subject to flow control.
                                         February 8, 1994 * *

-------

	|	•	•	Page 26

        The commenter from the Free-Flow Packaging Corporation (FFP) also noted that the ability to
collect source-separated recyclable material directly from the generator is essential to maintaining the high
quality raw material for their polystyrene needs.  Specifically, FFP collects polystyrene directly from its
generators (e.g., Apple Computer, Sony, Saturn Motor Company), so that it is clean, dry, and free of all
contamination.  This source of usable raw material would not be available if flow controls included
recovered materials in the definition of solid waste. It is not feasible for FFP to purchase polystyrene
from a municipal transfer station because if the polystyrene is collected by a garbage hauler, it is
commingled with other plastics, cans, and covered with dust.

        Six of these seven commenters that are in favor of limited exclusions noted that flow controls
should not interfere with the property rights of the generator.  One commenter also noted that the right of
commercial businesses to contract directly with scrap metal dealers for the collection of materials
separated prior to disposal must be protected.

        Complete Exclusion of Recyclables.  Nine of the commenters from the recycling industry stated
that recyclables should be excluded from the materials covered by flow controls  because (1) recyclables are
a commodity; and (2) the personal property rights of the owner need to be protected.  Generators should
have the right to dispose of materials as they choose.

Financial Institutions

        One commenter addressed the issue of what materials  ought to be covered by flow controls. Paine
Webber's position is that bondholder security is greatest when  the commitment  of flow includes 100% of
all waste generated in a region.  However, Paine Webber has successfully financed projects where local
community recycling efforts have been exempted.  They feel that the role of recyclables in the waste stream
needs to be further evaluated.

Environmental Groups and Individuals

        No Exclusion of Recyclables. Two commenters stated  that recyclables should not be exempt from
flow control ordinances.  The Pennsylvania Sierra Club noted that all materials should be covered by flow
control including commercial, residential, and industrial solid waste as well as curbside separated
recyclables and commercially generated recyclables.

        One commenter observed  that in California "recyclables" are legally a part of the solid waste
stream.  Consequently, local governments have legal justification for their authority to regulate
"recyclables."8

        Limited Exclusion of Recyclables. Of the four individual and environmental group commenters
that addressed the issue of materials covered by flow controls, two commenters noted that certain.
exclusions were necessary.

        The Californians Against Waste Foundation (environmental group) stated that flow control should
be limited to mixed solid wastes.  Source separated recyclable materials which have been separated by the
    8  California Public Resources Code protects the right of persons to sell, donate, or otherwise dispose
of recyclables.

                                      * * February 8, 1994 * *

-------
	.	i	Page 27
                .....,,          -         ,       .                  ['   '
                                                                        I
generator for the purposes of reuse, recycling, or composting should not be defined as solid waste, nor
should they be subject to the flow control authority of local government. The definition of solid waste
should, not depend upon the value of the material.  Generators should be able to recycle their materials
with the recycler of their choice whether it is on a donate, sale, or fee for service basis.

        The American Automobile Manufacturers Association noted that flow control must include
certain exclusions. Solid wastes transported for the purpose of recycling to a facility owned or operated by
the generator should be  excluded. Recyclable materials separated from municipal waste should be
excluded as well. The definition of municipal solid waste also should exclude industrial process waste, or
other solid wastes resulting from industrial activity that are unlike general refuse and trash, including
construction, demolition, and any renovation debris;  used oil; scrap metal; machinery and equipment; and
any solid waste identified or listed as a hazardous waste under section 3001 of RCRA, or any solid waste
containing polychlorinated biphenyls (PCBs)  that is regulated under the Toxic Substances Control Act.
                                          February 8, 1994

-------
                                                                                          Page 28
V.
IMPACTS OF FLOW CONTROLS ON HUMAN HEALTH AND THE ENVIRONMENT
State and Local Governments

        Seventeen state and local governments commenters addressed the impacts of flow controls on
human health and the environment. All of the 17 commenters favor the use of flow controls. The general
opinion of 14 state and local governments is that improperly handled waste can present serious
environmental and human health problems that do not arise in the handling of most other commodities.
State and  local governments seem most concerned that without flow controls, economics would cause
haulers to bring waste to  the cheapest disposal facilities regardless of their level of environmental
protection. In addition, incentives would remain for environmentally unsound facilities to continue
operating indefinitely without upgrading. Since substandard and minimally standard facilities contaminate
ground water, impose health risks to citizens and cost tremendous amounts of money to clean up and
upgrade, it is wise to implement flow controls to steer waste away from unsound and  often
environmentally hazardous facilities.

        According to one government commenter, repeal of waste flow control would benefit those
entities that have made the least effort in pursuing and implementing balanced and environmentally
correct solid waste solutions.  In contrast, flow control rewards those striving to meet environmental
objectives.

        The City of Tacoma, Washington believes that flow controls can play an important role in funding
the clean up of Superfund sites. In Tacoma, solid waste rates approximately doubled  between 1989 and
1993 in order to pay for debt service on the revenue bonds used to fund remediation activities at a Tacoma
Superfund site. Without  flow control, funding the remediation activities would have been extremely
difficult and complete remediation would not have^been accomplished as rapidly as it was.

        Six state and local governments feel that limitations of the use of flow control impinge on
government's rights.  They believe that if local governments are ultimately responsible for the waste in
their jurisdiction,  they should be allowed to decide how and where that waste is disposed. If flow control
is the most suitable method for ensuring that waste  is disposed in the safest way possible, municipalities
should be allowed to implement it.

        Two  commenters stated that illegal dumping occurs in the absence of flow control and that flow
control would provide the authority to reduce backyard dumping.

Waste Management Industry

        Twenty representatives of the waste management  industry addressed the impact of flow controls on
human health and the environment. Seventeen opposed flow control, while three supported it.

       Ten commenters  believe that flow control is unnecessary as a means of protecting human health
and the environment. They stated that RCRA's Subtitle D Rule for municipal landfills, once
implemented, would provide adequate protection and therefore, environmental protection is not a valid
justification for flow controls. One commenter suggested  that stricter enforcement of existing rules and
regulations governing waste disposal sites would achieve greater environmental protection without loss  of
competition.
                                     * *
                                         February 8, 1994 * *

-------
 -- - - _____ _ __      Page 29
                                                                      i
         Two commenters, a solid waste collector in Mercer County, New Jersey, where flow controls
 presently exist, and the National Solid Wastes Management Association (NSWMA), oppose flow control
 stating that it leads to illegal dumping.  Since residents are not willing to pay more to have their trash
 removed, they find other means of disposal such as backyard burying or dumping.  This illegal dumping
 damages soils and contaminates ground water.  According to NSWMA, illegal dumping already occurs in
 some localities such as Saint Lawrence County, New York, where flow controls currently are in place.  "
 xxro,,™" concern' voiced fey two commenters, the National Solid Wastes Management Association
 (NSWMA) and United States Pollution Control Inc., is that flow control actually will channel waste to
 environmentally unsound disposal sites or possibly even to known Superfund sites According to
 NSWMA, flow controls forced Rhode Island Solid Waste Management Corporation to haul waste to a
 known Superfund site.  The commenters fear that all residents and organizations  that used the
 environmentally unsound facility will be responsible for cleanup costs through increased rates.

         Four commenters maintained that flow control does not protect human health and the
 environment.  One commenter, York Disposal Services, stated that flow control can actually damage the
 environment when it forces private haulers to carry waste long distances, increasing fuel use and air
 pollution. York feels that  if flow control is potentially harmful to the environment, it is not a reasonable
 solution to the waste problem.                                         I
               •

         Finally, three proponents of flow control expressed concern that without flow control laws local
 governments cannot properly manage waste disposal and ensure human health and environmental safety
 If local governments are to be held responsible for waste within their jurisdictions, they must be armed
 with all available tools to prevent the mismanagement of that waste.       |
                                                                      i
 Recycling Industry                                                      |

         Eight recyclers commented on the impacts of flow control on human health and the environment
 All eight either stated explicitly or implied that flow control does not provide benefits to human health
 and the environment. Two of the eight commenters specifically oppose flow control of recyclables which
 in their view have no hazardous effects on health or safety. The California Resource Recovery Association
 cited a  study of over 600 recycling facilities by the California Integrated Waste Management Board
 (CAIWMB) entitled, "Effects to Human Health and the Environment of Recycling Facilities and the
 Manner in Which These Facilities are Regulated."  The analysis showed that the environmental impacts of
 processmg source separated materials are minimal,  so they could be excluded from flow controls without
 great risk to the public.                   •
                                                 •
        One recycler stated that flow controls cause problems with illegal dumping. When fees increase
 people try to avoid them by dumping waste illegally. Another recycler claimed that in  the past  flow    '
 controls have directed waste to sites known to be environmentally unsound.                 '

Environmental Groups and Individuals

        The six environmental groups and individuals commenting  on the impact of flow controls on     '
human health and the environment oppose the use  of flow control.  Two feel that  flow control impinges
on the generators' right to choose the most environmentally protective waste management facility  In
effect, the waste generator loses control of the management of his or her waste but retains liability for any
mismanagement. According to the American Automobile Manufacturers Association (AAMA)  "If a waste
generator were limited by a flow control statute or regulation to manage waste at certain facilities, and

                                      * * February 8, 1994 * *          j

-------
.	_____	Page 30

these facilities subsequently became Superfund sites, the generator should be relieved of CERCLA liability
with respect to response costs at these facilities.  In such a case, it would be Congress, EPA, or the local
government and not the generator that actually 'arranged for disposal' of the material."

        Another commenter described a case in New York where flow control forced waste to be disposed
in an environmentally inferior facility.  This commenter stated that, "[djespite the presence of a state of
the art waste-to-energy plant in the neighboring Town of Hempstead, the Town of North Hempstead
invoked its flow control authority to direct all commercial, industrial, and residential solid waste generated
within its boundaries to an unpermitted Town transfer facility for out-of-state export."

        Finally, one commenter, the Californians Against Waste Foundation, stated that preliminary
evidence shows that the majority of problems occur with facilities that process mixed solid waste. Hence,
recycling facilities should not be penalized with flow controls when they are not causing environmental
problems. The Californians Against Waste Foundation suggested that the degree of regulation should be
proportional to the degree of environmental impact.
                                       * February 8, 1994 * *

-------
 	j	Page 31
                                                                          i
 VI.     ALTERNATIVES TO FLOW CONTROLS                                 !

 State and Local Governments

        Most of the 13 state and local governments that suggested alternatives either stated explicitly or
 implied that waste management policy goals could not be achieved without flow control.  Consequently,
 governments suggested alternatives cautiously, often warning that they were not completely feasible.
                                                                          I
        Contracts or Franchising Agreements. The most popular alternative (Suggested by 7 commenters)
 was government contracts with the  private sector to guarantee adequate flow of waste to planned facilities.
 Though effective in the short run, one commenter stated that contracts do not provide any means of
 financing future capacity or for funding landfill closure and remediation.  Another commenter pointed out
 that contracts are really a form of flow control since they restrict competition and limit opportunities for
 small rubbish haulers.                                                     i
                                                                          i       - -                ,
                                                                          |
        Three commenters suggested that if legislative authority exists, local governments could establish
 franchises.  With franchises, instead of entering into contracts, municipalities could give a limited number
 of haulers franchise agreements or the right to enter into private contracts in a specified district.9 The
 United States Conference of Mayors stated that both contracts and franchise agreements are "less flexible"
 and "more cumbersome" than flow controls and may involve higher costs to consumers. The United States
 Conference of Mayors also stated that these alternatives disrupt competition more than flow controls do
 because they limit the destination of waste as well as the opportunity to haul it.

        Taxation.  Two commenters suggested increasing local or state property taxes.  However, according
 to the Pennsylvania Department of Environmental Resources, most entities do not have the enabling
 authority. In addition, increased taxation is politically difficult to implement,  j

        Alternative Bonds. The United States Conference of Mayors suggested replacing revenue bonds
 with general obligation bonds which rely on the taxing authority  of the local government to provide
 financing.                                                        <"    •   (        -

        Fee Systems.  Four commenters considered the possibility of levying a  fee oh residences,
 businesses, and apartments to pay for growth and expansion of solid waste management facilities. This fee
 would subsidize facilities.  According to the commenters, one problem with this approach is that it does
 not encourage the internalization of the true costs of waste disposal:  Hence, generators lack incentives to
 reduce waste.
                                                                          i
                                                                          i
        Another possibility (suggested by Minnesota) is to create landfill surcharge;;  for future
 closure/post-closure care and possible remediation costs.  This approach forces  greater internalization of
 the true costs of landfilling and reduces some of the differences in tipping fees  between landfills and other
waste management facilities.          ,                                      i
        A franchise is the right or license granted to a person to market a company's services within a
particular territory. Franchises are often awarded through a competitive bidding process.  Franchises could
limit the number of waste management or recycling companies within a jurisdiction. As part of this
franchise agreement^ a company may sign a contract requiring that municipal sd'lid waste or recyclables be
collected and delivered to specific management facilities.

                                      * * February 8, 1994 * *             !

-------

 	Page 32

         One commenter stated that local governments could establish license fees for waste haulers,
 charging them for their licenses to operate such that the fees would cover the basic costs of operating a
 waste management facility.  Operators then could charge minimal tipping fees.
                                                                                               *t
         Increased Government Involvement.  Five commenters suggested complete government ownership
 and operation of all elements of the waste disposal industry. This approach would ensure both the
 financial viability of facilities and effective waste management; however, it would remove the free market
 from the system altogether and would be extremely complicated and expensive to implement.  Another
 difficulty mentioned by the commenters is that government displacement of private waste companies might
 cause undesired disruption of the flow of commerce.

         Another suggested alternative was to force landfills to upgrade and set aside funds for cleanup,
 closure, and post-closure care.10 This alternative would be similar to  the landfill surcharge suggestion.
 Again, landfills would be forced to internalize the true costs of waste  disposal and would have to increase
 fees. As a result, state-of-the-art facilities with higher fees would be better able to compete.

 Waste Management Industry

         Contracts or Franchising Agreements.  Five of the 8 waste management industry firms
 commenting on alternatives to flow control suggested that  municipalities contract with disposal services to
 ensure waste flow.  Through contracts, government-owned  facilities still would have guaranteed waste flow
 without the monopolistic environment created by flow controls.  Another firm suggested franchising waste
 collection using a competitive bidding process.

        Taxation.  One firm suggested raising taxes to finance facilities.

        Alternative Bonds. The following bond alternatives were suggested by a waste management
 company:

        •      General obligation bonds;

        •      Pollution  control revenue bonds;

        •      Leveraged leasing; and

        •      Industrial bonds.

Unfortunately, no discussion accompanied the suggested alternatives.

        Increased Government Involvement The National Solid Wastes Management Association
(NSWMA) advocated the establishment of increased partnerships between the government and private
waste service firms.
    10  This alternative already is required under RCRA's Subtitle D.

                                      * * February 8, 1994 * *

-------
                                                                                             Page 33
Recycling Industry
        Seven of the 8 recycling firms commenting on alternatives to flow control either stated that
competition was the best option or mentioned that free market options in general should be explored in
greater depth.  The following alternatives were offered:                        !

        Contracts or Franchising Agreements.  Four commenters suggested the use of contracts or '
franchising agreements as,competitive alternatives to flow control.             j

        One commenter suggested establishing government and recycler alliances.  Through the alliances,
recyclables are either separated from municipal solid waste or reclaimed after collection but before
disposal. The alliances allow recyclers to access recyclable material while still appeasing the health and
safety concerns of local governments.

        Taxation.  Individual recycling companies stated that taxes could provide an alternative to flow
controls. State or local governments could levy permit taxes on all vehicles transporting waste and/or
finance new facilities through the creation of new taxes.                       |

        Fee Systems.  Two commenters suggested establishing system fees to create recycling incentives.
                                  '
        Increased Government Involvement  The California Resource  Recovery Association (CRRA)
suggested each  of the following alternatives:                                  1
                                                                           j
        •      Promote the expertise and investment of existing recyclers to provide reuse, recycling and
               composting services to generators;                            j

        •      Build smaller MRFs that encourage  (or at least allow) independent recyclers to continue
               recycling.  Instead of building facilities that handle all recyclables, CRRA proposed
               designing facilities that  target only the recyclables that the private sector cannot  handle;

        •      Finance MRFs with flow control  of solid waste only (i.e., not including source separated
               materials);                                                     ,
                                                                                           •

        •      Have state or local governments establish a license and reporting system for independent
               recyclers;                               . .  , ,    -

        •      Ban recyclable  or compostable materials from landfills (as San Diego is doing with a
               mandatory recycling ordinance).   This ban would achieve the same objectives of flow
               control of recyclable materials; and                           j

        •      Require generators who do not meet recycling goals to develop, comprehensive waste
               reduction plans.                                             !           .     .     ...
                                          February 8, 1994 *

-------
 	——	Page 34

 Financial Institutions

 Standard and Poors was the only financial institution to comment on alternatives.

        Taxation.  Standard and Poors raised the possibility of using ad valorem taxes (property taxes') to
 fund projects.

        Increased  Government Involvement  They also suggested special assessments, which may
 accomplish the same effect as legal flow controls.  A system can levy an assessment on all residents and
 businesses and charge no or low tipping fees at the waste management facility, creating the equivalent of
 an economic monopoly without waste flow laws.  The assessment  would provide credit strength and allow
 local governments  to obtain financing for waste management facilities.

Environmental Groups and Individuals

        Increased Government Involvement.  One reason for flow controls is to meet state recycling goals.
However, instead of establishing  flow controls, one commenter suggested that governments begin
mandatory recycling programs, which, with better record keeping and monitoring requirements, would
obtain the same results.
                                        Februaiy 8, 1994 * *

-------
                                                                                         Page 35
                                     LIST OF COMMENTERS

 STATE AND LOCAL GOVERNMENT COMMENTERS

 State Governments
                                                                      I

 Connecticut Department of Environmental Protection, Hartford, Connecticut
 Delaware Solid Waste Authority, N.C. Vasuki, Chief Executive Officer, Dover,: Delaware
 Florida Department of Environmental Protection, William Hinkley, Chief, Bureau of Solid and Hazardous
        Waste, Tallahassee, Florida
 Illinois Environmental Protection Agency, Mary Gade, Director, Springfield,  Illinois
 Maine Waste Management Agency, Sherry Huber, Executive Director, Augusta, Maine
 Massachusetts Office of the State Auditor, Division of Local Mandates, Joseph DeNucci, Auditor, Boston
        Massachusetts                                                                   '      '
 Michigan Department of Natural Resources, Jim Sygo, Chief, Waste Management Division, Lansing,
        Michigan
 Minnesota Legislative Commission on Waste Management, MN Office of Waste Management,
        MN Pollution Control Agency, and MN Attorney General          ,
 Nebraska Department of Environmental Quality, Joe Francis, Assistant Director, Lincoln, Nebraska
 New Jersey Department of Environmental Protection and Energy, Office of Recycling and Planning, Gary
        Sondermeyer, Assistant Director
 Ohio Environmental Protection Agency, Kate Banter, Deputy Director for Policy and Legislation
        Columbus, Ohio                                                                '
 Pennsylvania Department of Environmental Resources , Arthur Davis, Secretaiy

 Local Governments and  Organizations Representing Local Governments     '
                                                     •
 American Public Works  Association, Ray Reurket, Director, Federal Programs^ Washington, D.C.
 Association of Minnesota Counties, Barbara Johnson, Attorney (represents 86 of the 87 counties in
        Minnesota)
 Board of Hennepin County Commissioners, Minnesota, Randy Johnson, Commissioner              "*   '
 Bristol Resource Recovery. Facility Operating Committee and  Tunxis Recycling Operating Committee,
        Jonathan Bilmes, Connecticut
 Cape May County Municipal Utilities Authority, New Jersey                I
 City and County of Honolulu,  Hawaii, Department of Public Works, Robert Young
 City of New York Department of Sanitation, Jane Levine, Deputy  Commissioner for Legal Affairs
 City of Springfield, Missouri, Jim O'Neal, Councilman
 City of Sunnyvale, California, Mark Bowers, Solid Waste Program  Manager   j
 City of Tampa, Florida, Sandra Freedman                                 j
 City of Urbana, Illinois, Tod Satterthwaite, Mayor                         i
 City of Houston, Texas, Department of Solid Waste Management, Everett Bass., Director
 City of Milwaukee, Wisconsin, Department of Public  Works, Steven Brachman, Resource Recovery
        Manager,
 City of Tacoma, Washington, Department of Public Works, Phillip Ringrose, Public Works Division
       Manager
Clay-Owen-Vigo Solid Waste Management District, Indiana, Donna Klewer, Director
Clinton County, Michigan, Department of Waste Management, Ann Mason
Concord Regional Solid Waste/Resource Recovery Cooperative, New Hampshire, James Presher Director
       (represents 27 municipalities)                                    j               '         '

                                    * * February 8, 1994 * *

-------
	Page 36

Connecticut Conference of Municipalities, New Haven, Connecticut
County of Lehigh Department of Planning and Development, Office of Solid Waste Management,
       Allentown, Pennsylvania, Julia Stamm, Solid Waste Coordinator
County of San Diego, California, Scott Peters, Deputy County Counsel
County of Ventura, California, Solid Waste Management Department, Kay Martin, Director
Delaware County Council, Media, Pennsylvania
Greater Detroit Resource Recovery Authority (represents 21 municipalities)
Greater Lebanon Refuse Authority, Lebanon County, Pennsylvania, Michael Pavelek II, Executive Director
Joint Comments on behalf of City of Indianapolis, Indiana; Davis County Solid Waste Management and
       Energy Recovery Special Service District; Delaware County Solid Waste Authority; Eastern
       Renssalaer County Solid Waste Management Authority; Greater Detroit Resource Recovery
       Authority; Marion County, Oregon; Minnesota Resource Recovery Association; National Institute
       of Municipal Law Officers; Onondaga County Resource Recovery Agency; Resource Authority in
       Sumner County, Tennessee; Solid Waste Authority of Central Ohio; Town of North Hempstead,
       New York; Wisconsin County Solid Waste Management Association; and York County Solid
       Waste and Refuse Authority
King County Solid Waste Division, Department of Public Works, Seattle, Washington,  Rodney Hansen,
       Manager
Lackawanna County Solid Waste Management Authority, Pennsylvania
La Crosse County, Wisconsin, Brian Tippetts, Solid Waste Manager
Lancaster County Solid Waste Management Authority, Pennsylvania, Herbert Flosdorf, Executive Director
Latah County, Idaho, Board of Latah County Commissioners
Law Firm of DeCotiis & Pinto for 7 of the 22 solid waste management districts in New Jersey,
       Hackensack, New Jersey
Law Firm of Fulbright & Jaworski for the Incorporated Villages of Westbury, Mineola, and New Hyde
       Park, New York; The New York State Conference of Mayors and Municipal Officials; and
       American Ref-Fuel Company of Hempstead, New York
Law Firm of McManimon & Scotland for the Mercer County Improvement Authority, New Jersey
Law Firm of Michael D. Diederich, Jr. for the County of Rockland Department of Solid Waste
       Management
Law Firm of Tock and Miller, LTD. for the Intergovernmental Organization in Champaign County, Illinois
League of California Cities, Yvonne Hunter, Legislative Representative, Sacramento, California
       (represents 468 incorporated cities in California)
Lycoming County Planning Commission and Lycoming County Solid Waste Department, Pennsylvania,
       Jerry Walls, Executive Director
Marion County, Oregon, Department of Solid Waste Management, James Sears, Director, Salem, Oregon
Medina County Sanitary Engineering Department, Ohio, K.W. Hutz, County Sanitary Engineer
Metro  Dade Solid Waste Management, Miami Florida, Paul Mauriello, Solid Waste Management Planner
Monmouth County Planning Board, New Jersey, Lawrence Zaayenga, Solid Waste  Coordinator
National Association of Counties, Washington, D.C.
Newark, New Jersey, Sharpe James, Mayor
Northeast Indiana Solid Waste Management District, Brian Miller, Executive Director
Organization of Solid Waste Districts of Ohio, Michael D. Long, Executive Director of the Solid Waste
       Authority of Central Ohio (Mr. Long's comments represent the opinion of the Organization of
       Solid Waste Districts of Ohio which is comprised of 40 of Ohio's 48 solid waste management
       districts.)
                                     * * February 8, 1994 * *

-------
                                                            	__	Page 37

Pollution Control Financing Authority of Warren Co'unty, Oxford, New Jersey, Bart Cahart, Executive
        Director
Prince Georges County, Maryland, Dept of Environmental Resources, Eugene Lauer, Director
Regional Waste Services, Inc., Portland, Maine, Gary Lorfano, Chairman of the Board of Directors
        (Regional Waste Services represents 21 municipalities)
Solid Waste Association of North America, John Abernethy, Vice President, (also Public Works Director,
        Sacramento County, California) Mr. Abernathy's comments represent SWANA's opinions
        regarding the flow control issue.
Solid Waste Association of North America, Durwood Curling, International Secretary (also Executive
        Director of Southeastern Public Service Authority of Virginia) Mr. Curling's comments represent
        SWANA's opinion on the flow control issue.
Solid Waste Association of North America, Curt  Kemppainen, President (also Public Works Director,
        Kent county, Grand Rapids, Michigan) Mr. Kemppainens' comments represent SWANA's
        opinions regarding the flow control issue.
Solid Waste Association of North America's "Response to Questions Raised by the USEPA for Their Flow
        Control Public Meetings"
Solid Waste Authority of Central Ohio, Jack Foulk, President of the Franklin County, Ohio Board of
        Commissioners and Chairman of the Solid Waste Authority of Central Ohio Finance Committee.
        Mr. Foulk's comments represent the Solid Waste Authority of Ohio's opinions regarding the flow
        control issue. „                                                  :
Minnesota Solid Waste Management Coordinating Board, Paul McCarron, County Commissioner
        (represents the 7 counties  that surround and include Minneapolis and St. Paul)
Southeastern Public Service Authority of Virginia, John Hadfleld, Deputy Executive Director  (represents 8
        communities)
Spokane, Washington, Sheri S. Barnard, Mayor (on behalf of herself and other concerned citizens)
Spokane Regional Solid Waste Management System, Washington, Phil Williams, Executive Director
Town of Hamden, Connecticut, Mayor Lillian D.  dayman
Town of Wallingford, Connecticut, Philip Hamelm, Jr., Resource Recovery Project Coordinator (represents
        5 counties)
Union County Utilities Authority,  Linden, New Jersey, Jeffrey Callahan, Executive Director
United States Conference of Mayors, Washington, D.C., J. Thomas Cochran, Executive Director
Winnebago County Solid Waste  Management Board, Wisconsin, Leonard Leverence, Director of Solid
        Waste

WASTE MANAGEMENT INDUSTRY COMMENTERS                              '                      "
                                                                       i
Alliance Environmental Services, Inc., Milwaukee, Wisconsin                 I
Allied Waste Industries, Inc., Apache Junction, Arizona                     j
Arena Trucking Co., Inc.,  Rice, Virginia
Attwoods Inc., Coconut Grove, Florida
Browning-Ferris Industries, Inc., Houston,  Texas
C&R Sanitation Co., Inc. Collection & Recycling, Newington, Connecticut
California Refuse Removal Council, Sacramento, California
California Waste Removal Systems, Lodi, California
CDT Landfill Corporation, Joliet, Illinois
Cedar Disposal Inc., Menomonee Falls, Wisconsin
Chambers Development Co., Inc., County of Anson, North Carolina
Commercial Disposal Co., Inc., West Springfield,  Massachusetts
Council of Trade Waste Association, Inc., Flushing, New York
                                     * *
                                         February 8, 1994 * *

-------
  ——	.	-	     Page 38

  CSX Transportation, Jacksonville, Florida
  Daneco, Inc., Minneapolis, Minnesota
  E&K General Hauling Inc.  (President), Sheboygan, Wisconsin
  E&K General Hauling Inc.  (Vice President), Sheboygan, Wisconsin
  Energy Answers Corporation, Albany, New York
  Expert Disposal Service, Inc., Hartland, Wisconsin
  Frank Perrotti & Sons, Inc., Woodbridge, Connecticut
  Grand Central Sanitation, Pen Argyl, Pennsylvania
  Handy Dump Waste Diverting Technologies, Inc., Roanoke, Virginia
  Hechimovich Sanitary Landfill, Inc., Horicon, Wisconsin
  Knutson Services, Inc., Rosemount, Minnesota
  Laidlaw Waste Systems, Inc., Burlington, Ontario
  McCaughey Standard, Inc., Pawtucket, Rhode Island
  McGuire, Woods, Battle, & Boothe REP:  Container Corporation of Carolina, Inc., Fort Mill South
         Carolina
  Mid-American Waste Systems, Inc., Canal Winchester, Ohio
  Minnesota Resource Recovery Association, Trudy Gasteazoro, Executive Director, St. Paul, Minnesota
         (represents waste-to-energy facilities serving 29 counties and 2 cities.  Other members of the
         Association include Dakota county, Northern States Power Company, United Power Association
         Quadrant Company and Richards Asphalt
 Multi Material Management & Marketing, Oakland, California
 National Serv-All, Inc., Ft. Wayne, Indiana
 National Solid Wastes Management Association, Washington, D.C. (represents 2500 member companies in
        the U.S. and Canada)                                                             ^
 Norcal Waste Systems, Inc., California
 Ogden Martin Systems, Inc., Arlington, Virginia
 Paine's Inc. Recycling and Rubbish Removal,  Simsbury, Connecticut
 PASCO (Palo Alto Sanitation Co.), Palo Alto, California
 Richmond Sanitary Service, Richmond, California
 Ritters Sanitary  Service Inc., Lyon County, Minnesota
 Rumpke Waste Systems,  Cincinnati, Ohio
 Santek Environmental, Inc., Cleveland, Tennessee
 Sawyer Environmental, Hampden, Maine
 Semass Partnership, Rochester, Massachusetts
 South Coast Refuse Corp., Irvine, California,
 Superior Environmental Services (President), West Allis, Wisconsin
 Superior Environmental Services (Chief Executive Officer), West Allis, Wisconsin
 Testimony of a Solid Waste Collector in Mercer County, New Jersey
 United States Pollution Control, Inc.
 Upper Valley Disposal Service, St. Helena, California
 Valley Sanitation Co., Inc. (Vice President), Fort Atkinson, Wisconsin
 Valley Sanitation Co., Inc. (General Manager,  Leonard Cerrentano), Fort Atkinson, Wisconsin
 Valley Sanitation Co., Inc. (President), Fort Atkinson, Wisconsin
 Valley Sanitation Co., Inc. (General Manager,  Deborah Vaughn), Fort Atkinson, Wisconsin
Virginia Waste Industries Association, Richmond, Virginia
Vogel Disposal Services, Mars, Pennsylvania
Waste  Material Trucking Company, Inc., Southington, Connecticut
Waste  Industries, Inc., Raleigh, North Carolina
Waste Systems Corporation, Minnesota

                                     * * February 8, 1994 *  *

-------
                                                                                          Page 39
Waste-Stream Inc., Potsdam, New York
WMX Technologies, Inc., Oak Brook, Illinois
York Waste Disposal, Inc., York, Pennsylvania

RECYCLING INDUSTRY COMMENTERS

American Forest & Paper Association, Washington, D.C.
Automated Material Handling, Kensington, Connecticut
C.F. Justice, Hesperia, California
California Wastepaper Dealers Association, Baldwin Park, California
California Resource Recovery Association, Loomis, California
Chicago Paperboard Corporation, Chicago, Illinois
E. L. Harvey & Sons,  Westboro, Massachusetts
Free-Flow Packaging Corporation, Redwood City, California
Independent Recycler's Association, Oakland, California
Institute of Scrap Recycling Industries:  Chicago Chapter, Chicago, Illinois
Institute of Scrap Recycling Industries, Inc., Washington, D.C.
Institute of Scrap Recycling Industries:  Southwestern Chapter, California
IVEX Packaging Corporation, Lincolnshire, Illinois
Jefferson Smurfit Corporation* St. Louis, Missouri
Marin Recycling and Resource Recovery Association, San Rafael, California
National Recovery Technologies, Inc., Nashville, Tennessee
Northern California Recycling Association, Berkeley, California
Omni Recycling Paper Recycling Coalition, Westbury, New York
Recycling Products of Rockland,  New York                                i
Recycling Products of Rockland and C & A Carbone, New York
Sonoco Product Company, Hartsville, South Carolina, for Paper Recycling Cozilition (a group of 11
        companies that operate paper mills which exclusively use recovered paper, as raw material)
Southeastern Paper Manufacturing Company, Dublin, Georgia, for the RecycliEg Paper Coalition (PRC)
The Pick Up Artists, Culver City, California
The Business Recyclers Educational Assistance Link, Loomis, California (a technical council of the
        California Resource Recovery Association formed to specifically address generator's issues
        regarding source reduction, resource recovery and recycling)
Tidewater Fibre Corporation, Chesapeake, Virginia
Urban Ore, Inc., Richmond, California                                     |
Waste Recovery Systems, Inc., Newport Beach, California and Franklin, Tennessee
Weyerhauser Company, Tacoma, Washington
Winzinger Incorporated, Hainesport, New Jersey                           i

FINANCIAL INSTITUTION COMMENTERS

Paine Webber, Inc., New York, New York
Standard & Poor's Corporation, New York, New York

ENVIRONMENTAL GROUPS AND INDEPENDENT COMMENTERS

American Automobile Manufacturers Association, Detroit, Michigan
Bio-Fuels Engineering Corp., Kalama, Washington
Californians Against Waste Foundation, Sacramento, California

                                      * * February 8, 1994 * *

-------
                                                                                          Page 40
 Charlotte Zieve, PhD., Institute for Environmental Studies, Madison, Wisconsin
 Citizens Coordinating For Clean Water, Lebanon, Pennsylvania
 Dirk Plessner, Esq., Eastman & Smith, Toledo, Ohio
 John Pugliaresi, Waste Resource Technologies, California
 John McCabe, Independent Waste Management Consultant, Palo Alto, California
 Lawrence R. Schillinger Environmental Consultants, Albany, New York
 Ohio Chamber of Commerce, Columbus, Ohio
 Pennsylvania Chapter of the Sierra Club, Harrisburg, Pennsylvania
 Rufus C. Young, Jr. of Burke, Williams & Sorensen, Los Angeles, California (this attorney and his firm
        have represented California municipalities on solid waste management issues; however, the
        comments submitted were not on behalf of any specific municipality.)
Tammie Wallace, Fort Myers, Florida
W. Dexter Bellamy, PhD, Fort Myers, Florida
                                      * February 8, 1994 * *

-------