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

A new life for Barrington Hall

A new life for Barrington Hall

Dan Baker, left, and Daniel Latzman at Barrington Hall in Great Barrington.

Provided

Barrington Hall in Great Barrington has hosted generations of weddings, proms and community gatherings. When Dan Baker and Daniel Latzman took over the venue last summer, they stepped into that history with a plan not just to preserve it, but to reshape how the space serves the community today.

Barrington Hall is designed for gathering, for shared experience, for the simple act of being together. At a time when connection is often filtered through screens and distraction, their vision is grounded in something simple and increasingly rare: real human connection.

Keep ReadingShow less

Gail Rothschild’s threads of time

Gail Rothschild’s threads of time

Gail Rothschild with her painting “Dead Sea Linen III (73 x 58 inches, 2024, acrylic on canvas.

Natalia Zukerman

There is a moment, looking at a painting by Gail Rothschild, when you realize you are not looking at a painting so much as a map of time. Threads become brushstrokes; fragments become fields of color; something once held in the hand becomes something you stand in front of, both still and in a constant process of changing.

“Textiles connect people,” Rothschild said. “Textiles are something that we’re all intimately involved with, but we take it for granted.”

Keep ReadingShow less

Sherman Players celebrate a century of community theater

Sherman Players celebrate a century of community theater

Cast of “Laughter on the 23rd Floor” from left to right. Tara Vega, Steve Zerilli, Bob Cady (Standing) Seated at the table: Andrew Blanchard, Jon Barker, Colin McLoone, Chris Bird, Rebecca Annalise, Adam Battlestein

Provided

For a century, the Sherman Players have turned a former 19th-century church into a stage where neighbors become castmates, volunteers power productions and community is the main attraction. The company marks its 100th season with a lineup that blends classic works, new writing and homegrown talent.

New England has a long history of community theater and its role in strengthening civic life. The Sherman Players remain a vital example, mounting intimate, noncommercial productions that draw on local participation and speak to the current cultural moment.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Reimagining opera for a new generation

Reimagining opera for a new generation

Stage director Geoffrey Larson signs autographs for some of the kids after a family performance.

Provided

For those curious about opera but unsure where to begin, the Mahaiwe Theater in Great Barrington will offer an accessible entry point with “Once Upon an Opera,” a free, family-friendly program on Sunday, April 12, at 2 p.m. The event is designed for opera newcomers and aficionados alike and will include selections from some of opera’s most beloved works.

Luca Antonucci, artistic coordinator, assistant conductor and chorus master for the Berkshire Opera Festival, said the idea first materialized three years ago.

Keep ReadingShow less
BSO charts future amid leadership transition and financial strain

Aerial view of The Shed at Tanglewood in Lenox, Massachusetts.

Provided

The Boston Symphony Orchestra is outlining its path forward following the announcement that music director Andris Nelsons will step down after the 2027 Tanglewood season, closing a 13-year tenure.

In a letter to supporters, the BSO’s Board of Trustees acknowledged that the news has been difficult for many in its community, while emphasizing gratitude for Nelsons’ leadership and plans to celebrate his final season.

Keep ReadingShow less
A tradition of lamb for Easter and Passover

Roasted lamb

Provided

Preparing lamb for the observance of Easter is a long-standing tradition in many cultures, symbolizing new life and purity. For Christians, Easter marks the end of Lenten fasting, allowing for a celebratory feast. A popular choice is roast lamb, often prepared with rosemary, garlic or lemon. It is traditional to serve mint sauce or mint jelly at the table.

The Hebrew Bible suggests that the last plague God inflicted on the Egyptians, to secure the Israelites’ release from slavery, was to kill the firstborn son in every Egyptian home. To differentiate the Israelites from the Egyptians, God instructed them to mark their doorposts with the blood of a lamb. Today, Jews, Christians and Muslims generally believe that God would have known who was Israelite and who was Egyptian without such a sign, but views of God’s omnipotence in the Abrahamic faiths have evolved over the millennia.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.