The philosophy of solid waste flow control

At the core of every political issue are philosophical questions. This is true of solid waste management. Does government have a role in trash-pick-up? If so, should it be limited to mere policy enactment or take on a more active role?

Following the state’s lead, the Dutchess Legislature of yesteryear decided waste disposal was an appropriate topic for government intervention, but they sought limits on government involvement.

In 1984 it created the Resource Recovery Agency (RRA) as a public authority, and passed flow control legislation to require garbage haulers to bring county-generated trash to the Poughkeepsie plant to keep the agency solvent. Flow control ended in 1994 and since then the county taxpayer has been footing the bill for the RRA.

As our county presently embarks anew on updating its solid waste management policy the philosophical questions renew.

There are those in the Legislature who think the RRA was a failed experiment and that the county should abandon it. They point to recent allegations of mismanagement by RRA directors that the state comptroller is currently investigating.

They point also to the massive debt the Poughkeepsie-based waste-to-energy trash plant incurs annually that the county taxpayer must subsidize (currently $6.3 million). Reintroducing flow control would lessen the tax burden, but principally it would stifle the free market by giving favorable treatment to the RRA thereby allowing them to raise the fee they charge haulers.

These were the issues that the United States Supreme Court took up in 1994 and again in 2007 when considering the constitutionality of flow control legislation. Both cases involved New York municipalities. C&A Carbone v. Clarkstown (1994) struck down flow control legislation because garbage was viewed as “commodity in commerce†and made it unlawful for a municipality to steer waste to a publicly owned waste transfer facility. The Carbone case sought to invalidate government-imposed discrimination that “deprived competitors... access to the local market.â€

Dutchess County abandoned its flow control law following the Carbone decision.

u      u      u

In 2007, the Supreme Court reversed itself in United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority, making the distinction that a benefit conferred on a public facility was OK, whereas a benefit conferred on a private facility would be discrimination. The difference? According to the court, (1) government is vested with the responsibility to protect health, safety and welfare of its citizens, and (2) that New York state had adopted a policy of “displacing competition with regulation or monopoly control†(N.Y. Pub. Auth. Law Ann. Section2049—tt(3).

The 2007 court case simply means that Dutchess can stifle competition to further a legitimate government interest by enacting flow control legislation, not necessarily that we should.

Which returns us to philosophy: Ultimately is it in the county’s best interest to have a stake in county waste disposal? If not, how do we get out of it? If so and since New York has already specified a monopolistic approach to garbage collection — sanctioned by the U.S. Supreme Court — is it foolhardy not to enact tools like flow control to assure taxpayer accountability?

Michael Kelsey is the county legislator for Amenia, Washington, Stanford, Pleasant Valley and the village of Millbrook. Write him at KelseyESQ@yahoo.com.

Latest News

Protesters in Salisbury call for justice, accountability

Ed Sheehy and Tom Taylor of Copake, New York, and Karen and Wendy Erickson of Sheffield, Massachusetts, traveled to Salisbury on Saturday to voice their anger with the Trump administration.

By Alec Linden

SALISBURY — Impassioned residents of the Northwest Corner and adjacent regions in Massachusetts and New York took to the Memorial Green Saturday morning, Jan. 10, to protest the recent killing of Minneapolis resident Renee Nicole Good at the hands of a federal immigration agent.

Good, a 37-year-old mother of three, was shot at close range by an officer with Immigration and Customs Enforcement, commonly known as ICE, on Wednesday, Jan. 7. She and her wife were participating in a protest opposing the agency’s presence in a Minneapolis neighborhood at the time of the shooting. The incident sparked protests and vigils nationwide, both in remembrance of Good and in opposition to what demonstrators described as a broader pattern of government overreach.

Keep ReadingShow less
Norfolk Pub to close as uncertainty surrounds Royal Arcanum’s future

The Norfolk Pub, the town’s only restaurant and bar, will close at the end of the month, prompting concern among residents about the future of the Royal Arcanum building.

By Alec Linden

NORFOLK — The Norfolk Pub, the town’s only restaurant and bar, will close at the end of the month after 17 years in business, as uncertainty continues to surround the future of the Royal Arcanum, the hulking downtown building that housed the longtime institution.

On Wednesday, Jan. 7, the restaurant posted a notice on its doorway advising patrons that only cash will be accepted as “we prepare to close at month’s end.” The news has renewed speculation about what’s next for the Royal Arcanum, a Norfolk landmark that sold Sept. 8, 2025, for $1.4 million to American Folk & Heritage LLC, an entity associated with the prominent New York fashion brand Bode.

Keep ReadingShow less
Sharon Hospital marks first babies of 2026

Bryan Monge Orellana and Janneth Maribel Panjon Guallpa of Amenia are the parents of Ethan Nicolas Monge Panjon, Sharon Hospital’s first baby of 2026.

Photo provided

SHARON — Sharon Hospital welcomed its first births of the year on Wednesday, Jan. 7.

At 12:53 a.m., Ethan Nicolas Monge Panjon was born to Janneth Maribel Panjon Guallpa and Bryan Monge Orellana of Amenia. He weighed 5 pounds, 10 ounces and measured 20.25 inches long.

Keep ReadingShow less
Northern Dutchess Paramedics remains in service amid changes at Sharon Hospital

Area ambulance squad members and several first selectmen attend a Jan. 5 meeting hosted by Nuvance/Northwell to discuss emergency service providers.

By Ruth Epstein

FALLS VILLAGE Paramedic coverage in the Northwest Corner is continuing despite concerns raised last month after Sharon Hospital announced it would not renew its long-standing sponsorship agreement with Northern Dutchess Paramedics.

Northern Dutchess Paramedics (NDP), which has provided advanced life support services in the region for decades, is still responding to calls and will now operate alongside a hospital-based paramedic service being developed by Sharon Hospital, officials said at a public meeting Monday, Jan. 5, at the Falls Village Emergency Services Center.

Keep ReadingShow less