NSWMA, Dallas Settle on Flow Control

Waste haulers in the Dallas area can dispose of waste where they choose, according to a settlement the National Solid Wastes Management Association (NSWMA) and several haulers reached with the city on its long-standing flow control case.

U.S. District Court Judge Reed O’Connor has approved a settlement for haulers that collect waste in Dallas to dispose at any location, including facilities outside Dallas, according to an NSWMA news release.

The settlement resolves a battle that began in September 2011 when the city passed an ordinance that all waste collected inside its borders go to the city’s McCommas Bluff Landfill. The settlement makes permanent a court injunction against the ordinance issued in October 2012.

 “We are so happy we’re able to put this episode behind us,” said Tom Brown, senior vice president and CEO of Progressive Waste Solutions Ltd. in Fort Worth, and chairman of NSWMA’s Texas chapter. “This settlement preserves competition for waste disposal and recycling services in Dallas. City businesses and residents will be the beneficiaries of this agreement as it assures a competitive marketplace.”

As part of the settlement, it has been agreed that no flow control law would be applicable to the parties to the lawsuit until 2029.

“We are glad it’s over, but disappointed that Dallas taxpayers had to foot the bill for defending this terrible ordinance,” said Sharon Kneiss, president and CEO of the Environmental Industry Associations (EIA).

The parties to the settlement include NSWMA; Bluebonnet Waste Control, Inc.; IESI Corp.; Republic Services Inc.; Waste Management Inc.; Businesses Against Flow Control; and the city of Dallas.