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Agenda - 06-23-2005-6b
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Agenda - 06-23-2005-6b
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4/22/2013 4:47:40 PM
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8/29/2008 10:33:07 AM
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BOCC
Date
6/23/2005
Document Type
Agenda
Agenda Item
6b
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Minutes - 20050623
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2005
RES-2005-054 Resolution Expressing Orange County's Position on One Legislative Item
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Path:
\Board of County Commissioners\Resolutions\2000-2009\2005
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to have no problem when these same government revenues are used to pay them for hauling <br />contracts and related services. They eagerly accept them. It is absurd to even suggest that <br />governments should somehow be punished for using these revenues to fund their own programs. <br />The actual notion of displacement should be an affront to citizens who receive services and to <br />local governments who are or someday may wish to provide these services. Displacement infers <br />a "property right" for a hauler and their customers with regards to local government that does not <br />exist with regard to other private haulers. In fact, I believe most citizens who receive private <br />hauler services would be quite surprised find that they are "owned" by a hauling company and <br />that their local government would have to pay to serve them. Additionally, if a hauling company <br />"owns a customer ", why then wouldn't that "ownership" also extend to another private hauling <br />company? Plainly put, if another private company takes (displaces), for what ever reason, a <br />customer from the current private hauling company there is no displacement, thus no <br />compensatory obligation. If the local government takes (displaces) a customer, there would be an <br />apparent taking subject to compensation. Additionally, if a private company takes a customer <br />currently served by a local government, there is likewise no taking (displacement) This seems <br />inconsistent as well as unfair and seems to refute the displacement theory altogether. <br />Is there a displacement if a customer of a private hauler voluntarily changes their service to a <br />local government collection program? This is not clear in the bill. What does "has the effect of <br />prohibiting a private company from providing all or a portion of the collections services ....." <br />mean? Will this bill result in a series of protracted litigation to determine what displacement is or <br />is not? Who will pay for this litigation? <br />Is compensation required for local government "displacement" when a single service such as <br />cardboard collection is provided by a private hauler and is displaced by a local government <br />provided comprehensive collection service that includes in addition to cardboard, mixed paper, <br />bottles, cans, newspaper, food waste, etc.? Costs for providing recycling services are significant <br />enough already and if pay-off s to private haulers are included it will likely make it even more <br />difficult for local governments to initiate new waste reduction programs and meet reduction <br />goals. <br />Enforcement of local waste reduction related ordinances could also be harmed by this bill. <br />Presently, local mandatory recycling ordinances are often ignored or systematically evaded by <br />some private waste collectors in order to minimize costs and inconvenience for the potential <br />customer. In fact, some private hauling companies even market their services to recipients of <br />local government collection services as a way for the customer to avoid local penalties or <br />additional expenses related to compliance, such as eliminating a second container for cardboard <br />by advising they put all material in the single garbage dumpster. A local government option to <br />initiate waste services to preclude this widespread circumvention would be made improbable with <br />this bill. Would the private haulers agree to a bill revision stating that displacement does not <br />occur unless the hauler can demonstrate that they are in substantial compliance with local waste <br />reduction ordinances? <br />The bill doesn't seem to indicate how "displacement" of a residential customer would be <br />determined. It is my experience that most residential customers of private hauling companies do <br />not require or involve a contract. The garbage service I receive at my home from a private <br />company is an example. I have no contract and can call my private hauling company at anytime <br />to change or cancel service. Many citizens change companies often, How will these <br />"displacements" be determined for purposes of compensation? Some commercial customers who <br />wish to change services also have notification periods regarding service cancellation (if they have <br />
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