Flow Control: Understanding Its Effects on Waste Management and Costs

Flow control, as a policy adopted by local governments, enables them to select specific sites for their community's waste disposal. This approach involves overseeing the entire process of waste management, from its treatment to its final disposal at a designated facility.

The implementation of flow control often results in higher expenses for municipal waste disposal. Local authorities may choose to direct waste towards landfills they operate, which usually incur higher fees. This not only increases the income for the municipality but also elevates the waste disposal charges for both residents and businesses.

It's important to be aware of significant legal developments in the area of flow control. The 1994 Supreme Court ruling in C&A Carbone Inc. v. Oneida-Herkimer Solid Waste Management Authority was a landmark decision. The court determined that local governments could not force private waste collectors to dispose of waste at specific facilities, which initially deemed flow control unconstitutional.

However, a subsequent 2007 Supreme Court decision in United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, with a 6-3 vote, reversed this perspective. This ruling permitted local governments, especially in certain counties, to mandate that waste haulers utilize municipally controlled facilities, effectively reviving flow control policies across the United States.

The National Solid Waste Management Association (NSWMA) has raised concerns about flow control, citing it as a policy that can lead to a monopoly in waste disposal. This monopoly often functions as a hidden tax, inflating the costs of disposing of waste for both residential and commercial entities. Moreover, the association notes that flow control doesn't necessarily promote recycling efforts. As a result of these increased disposal costs, consumers often face higher prices, as these costs are passed down to them.

The challenge arises when a local government introduces flow control, as it often becomes difficult to prevent a rise in waste disposal rates.

If flow control is a concern for your facilities, our team offers solutions. By conducting a free review of your waste and recycling services, we can help mitigate the financial impact of flow control. An audit of the affected facilities might reveal ways to balance the increased costs. Additionally, in some areas affected by flow control, you may find service providers offering slightly more favorable rates, as they don't escalate their fees as much as others.

Our team is ready to provide a comprehensive assessment of your waste and recycling costs, aiming to identify strategies for cost savings and efficiency improvements.