John Hassis of the County Health Department has announced to the Trash Haulers serving under license by the County that his department is demanding that effective April 1, 2008 that every hauler start to CHARGE every one of their customers for once a week recycling pick-up even if they do not use the service. His implied threat is that if it is discovered that a hauler is not charging their customers for the service that their licenses may be revoked as “not being in compliance” with regulations.
The big question to the County Council itself is:
"We understand that the county haulers have agreed to OFFER the minimum level of trash services to all of their customers. What ordinance or regulation gives the Health Department the authority to force trash haulers to charge customers who do not want to use a service such as bulk pickup or recycling for that service?"
This situation is begging for a class action law suit.
Just read the minutes from the Council Meeting held on 2/19/08. In the public forum section here is what it says:
ReplyDelete"Mr. Tony Niskanen, 5400 Langley Ave., St. Louis, MO, President of "Make Your
Opinion Count", addressed the County Council and stated his questions and/or
concerns related to the "minimum trash pickup services" regulations of the St. Louis
County Waste Management Code (Relates to Ordinance No. 23,023, adopted by the County
Council on December 12, 2006). He questioned the Health Department's authority to
"force trash haulers to charge customers who do not want to use a service such as
bulky pickup or recycling for that service". Mr. Niskanen requested that the County
Council review this matter further and give consideration to making changes in this regard if necessary.
Public Forum - Continued
County Executive Dooley responded to Mr. Niskanen's comments noting that the County is concerned with the minimum service provided by trash haulers to St. Louis
County residents. He further noted that if the trash hauler cannot provide the minimum service at this time, the trash hauler is asked for a plan as to when the
trash hauler can implement the minimum service. County Executive Dooley noted it his belief that St. Louis County has the authority to require the provision of
minimum service from the trash haulers, stating it is the Health Code. County Executive Dooley explained that the minimum requirement includes trash pick up once a week, recycle pick up once week and bulky pick up twice a year.
Chair Burkett shared information related to the trash services provided by the
City of Overland where she resides.
Ms. Celeste Witzel, 3116 Southridge Park Ln., 63129, restated her opposition to the proposed implementation of
regulations related to the St. Louis County Waste Management Code (Relates to Ordinance No. 23,023, adopted by the County Council on
December 12, 2006)".
If you notice Mr. Dooley stated "it his belief that St. Louis County has the authority to require the provision of
minimum service from the trash haulers, stating it is the Health Code".
While County may have the authority to require the provision of minimum service from the trash haulers, I really do not believe they, the Dept of Health or anyone else has the authority to FORCE people to pay for a service that they do not want!