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Minutes - Regular Meeting Solid Waste Advisory Board February 13 , 2003 Approved March 13, 2003 Geoff said that flow control coming from franchising is an unacceptable solution . Hillsborough used an exclusive franchise model in which " no one " [of the customers or bidders on the hauling contract] complained about making them bring their waste to the Orange County landfill . Franchising can require different decisions in different counties and legal issues are not always the same . For example, even if the second circuit court determines that franchise is fine and doesn ' t violate the interstate commerce clause, a different circuit court may decide differently . Sassaman states that on page 4 of the letter from Gledhill it appears that a private hauler can opt out . Visser states there are administrative concerns about projecting revenues . If the County levies fees on only improved properties where that fee does not include the disposal fee and the County provides the [recycling] services, we could avoid situations where people could opt out from a fee that is based on recycling services, not disposal services . Hughes states that the simple way is that the statue tries to prevent double billing . On page 5 of the letter, if the County continued a tipping fee when imposing availability fees, that will raise the questions of double billing . Without tipping fees under the statute you would be OK, but you would still have a problem with the people in the unincorporated areas that have private [waste] haulers . My understanding of the letter and the statute is that if you choose to go with the Prince William model you would have to combine it with some type of franchising . Prete states that if Geoff was here maybe the right questions could be put to him, and the results of his analysis may be different . It seems that he got to the question of the sanitary district and ruled out the model based on the institutional structure . The real question is the availability fee and can you charge for the cost of the whole system and eliminate the tip fee . My understanding of the law clearly gives the authority to the county for availability fees to cover full cost of the disposal system including ancillary cost . I don' t think that this blows a hole in the Prince William model; our attorney tended to agree . Vickers states that it seems to say, " dori t mix things up " . Don' t throw collection fee part of the county [costs] in there . Keep it so everyone gets disposal and everyone gets recycling . Stay away from collection Hughes asks wasn' t collection in there because of the interlocal agreement ? Visser replies that an underlying foundation of the interlocal agreement was that the Towns wanted to maintain their authority on [solid waste] collection . 2