$5 Million and Growing for St. Louis County Trash Program

In his most recent “You Paid For It,”  Fox 2 News Investigative Reporter Elliott Davis reports on St. Louis County’s intentional noncompliance with a state statute that has the potential to cost county taxpayers $5.9 million, or even more.

The trash haulers lawsuit that originated in 2008 has worked its way all the way up to the Missouri Supreme Court where the trash haulers won in 2013.  The case was remanded back to the Circuit Court to settle the only remaining issue, which is just how much the county will have to pay the three victorious haulers (American Eagle, Meridian and Waste

Charlie Dooley



 Management).  The county appealed the money judgment and thinks that it can also appeal the merits of the original case again.  However, Jane Dueker, the winning attorney for the trash haulers says that “the (Missouri) Supreme Court has determined that they (the county) did not give the proper notice, then in fact the only issue left is how much money they owe the trash haulers for wrongfully displacing them.”

When Elliott Davis asked St. Louis County Counselor Pat Redington why the county did not send the notice certified mail as required by state statute before taking away the trash haulers customers, she replied, “They all got it.  There’s no question that they got it.”  And, she added, “The only question is whether a letter telling the trash haulers about the program should have been sent by certified mail instead of regular mail.”

Dueker countered by stating that the whole issue could have been easily avoided if the county would have just complied with the law.  Dueker said, “Very easily.  They could have just given the notice.  It would have been real easy to just comply with the law.  They (the county) just said, oh, we don’t have to.”  I mean, that’s what they’ve always said, they’ve had that level of arrogance that they don’t have to comply with the law.” 

With regard to the pending judgment, Redington says that the taxpayers would only have to absorb $2 million dollars of the $5.9 million dollars judgment, since insurance would cover the rest.  However, the county’s insurance rates could be affected, especially since this issue could have been avoided by complying with the law.

Of the trash hauler’s judgment, Dueker said, “We initially got a judgment for $1.1 million.  The county appealed.  And, now that judgment is $5.9 million.  And, interest is running on that judgment currently.  We’re currently requesting about $8 million dollars.  And, so if the county appeals again, yes, that number could go up.”  

When asked about the handling of the case, Redington told Davis that she thought the county handled the case properly.  She said, “I think we did the case right.  I’m happy with the way we did the case.”  And, of course, why wouldn’t she and the rest of the Dooley administration be happy.  After all, they can’t be held personally accountable and it’s not their money at stake – it’s yours, the taxpayers.

If you would like to express your opinion about this issue to your St. Louis County officials who played a key role in establishing a trash program that will cost you millions, call or email the following officials, as they’re probably anxiously awaiting to hear from you.

 Charlie Dooley                                                   Garry Earls                                          Patricia Redington

St. Louis County Executive                           Chief Operating Officer                 St. Louis County Counselor

(314) 615-7016                                                   (314) 615-7016                                   (314) 615-7025

cdooley@stlouisco.com                                gearls@stlouisco.com                    predington@stlouisco.com

Click on the following link to watch the two minute and 42 second “You  Paid For It” video about the county administration’s bungling of the never-ending trash fiasco:

 

http://fox2now.com/2014/02/18/st-louis-countys-trash-hauler-lawsuit-gone-bad-for-taxpayers/

 

Crestwood Trash Rates to Increase

On April 1, Crestwood will go into the second year of a three-year contract with Meridian Waste Services. Rates will rise as part of that contract.
The monthly rate will go from $17.75 to $18.28, an increase of 53 cents per month. For residents who qualify for the senior sticker program, rates will increase from $3 to $3.25 per sticker.

Residents are billed quarterly, so the next bills will cover April, May and June.

The next rate increase of 55 cents per month will begin April 2013. Senior sticker rates will go up another 25 cents.

Read more: http://www.stltoday.com/suburban-journals/metro/news/rates-will-rise-for-crestwood-trash-pickup/article_0c02fc37-8e11-592d-822c-9dc02d27e69f.html#ixzz1p6rBTPSP

Ellisville Trash Contract Approved

 The Ellisville City Council approved its contract with Allied Services Inc. for residential solid waste disposal and recycling services and yard waste.

The contract extension goes until Dec. 31, 2015, with an additional three-year option through Dec. 31, 2018, at the discretion of the city.

The fees for solid waste and recycling curbside collection and disposal services will remain at a monthly rate of $13.49, with fees for all additional years increased with the consumer price index not to exceed 4 percent.

Read more: http://www.stltoday.com/news/local/metro/local-news-digest/article_0b7ee9a5-70ba-5c77-9784-bc5fdeff7793.html#ixzz1eB9YVG95

Creve Coeur Approves Trash Extension

The Creve Coeur City Council has approved a contract extension for trash collection with Allied Waste through 2014, with a possible extension through June 2017.

City Administrator Mark Perkins said the contract will save the city 10 percent of what it's paying now because recycling has helped cut costs.

Under the contract, residents will pay $20.20 per month for curbside and rear trash collection. One resident who spoke up at the council meeting to object to the contract questioned the cost. Stan Edelstein, a retired accountant, said that eliminating the rear trash collection would mean residents would pay only $14.62 per household.

Alton Approves Allied Waste for Trash Services

The Alton City Council on Wednesday approved contracting with Allied Waste Services for trash pickup, recycling and yard waste removal for nine more years.


Allied Waste has held the city's contract for at least 10 years and officials say the new agreement will save the city more than $400,000 over the next few years.

Alton pays about $2 million annually in refuse services for its residents, which includes about 11,400 homes. Residents now pay $16.88 a month for the service. Under the new contract, that fee will decrease to $15.25 through September 2012 then rise to $15.86 through 2013 and $16.49 until 2014. Trash rates won't actually increase from what is paid now until 2015, when the monthly fee will be $17.15.

Two other proposed changes from the existing contract include automated trash and recycle services, in which two carts will be provided to each home, one for trash and one for recycling. Also bulk item pickup will be scheduled and paid for by the individual resident.

Read more: http://www.stltoday.com/news/local/illinois/article_b65e9910-f555-11e0-a7e2-0019bb30f31a.html#ixzz1alq8BK4m

Great Rivers Greenway invites residents to participate in 3rd annual River Des Peres Trash Bash

The Great Rivers Greenway District, in partnership with the River des Peres Watershed Coalition and the St. Louis Metropolitan Sewer District, is inviting area residents to join them in their fight to clean up the rivers and creeks within the River des Peres watershed. On Saturday, Oct. 8, from 8 a.m. to 1 p.m., the three organizations are sponsoring the third-annual River des Peres Trash Bash, a family friendly event being held with the goal of improving area neighborhoods and water quality in St. Louis City and County.

Volunteers of all ages are needed to clear litter from several sites, including Gravois Creek in Crestwood/Green Park, Deer Creek in Maplewood/Ladue, Engelholm Creek near the University of Missouri-St. Louis campus, the Lower River des Peres along Germania St. in South St. Louis City and the Upper River des Peres in University City. Registration will take place from 8 a.m. to 8:30. The main sign-in location will be held at Fultz Field, located along the River des Peres Greenway on River des Peres Boulevard between Morganford and Gravois in St. Louis City. The second registration site will be at Centennial Commons, located at 7210 Olive Boulevard, St. Louis, MO 63130. All cleaning supplies will be provided to volunteers.

The clean-up event will last from 8:30 a.m. to noon with a celebratory lunch taking place at Fultz Field from noon to 1 p.m. During lunch, volunteers will also be rewarded for their efforts with entertainment and prizes for the “best” trash finds.

“The annual River des Peres Trash Bash has proven to be a successful clean-up event in previous years, and we are expecting an even bigger turnout this year,” said Susan Trautman, executive director of Great Rivers Greenway. “The St. Louis area is filled with residents who value our waterways and neighborhoods, and we encourage new and old volunteers, alike, to join us for our third annual event and help improve the waterways and neighborhoods located in or around the River des Peres watershed.”

St. Louis County to Appeal Trash Verdict

St. Louis County Counselor Pat Redington said Wednesday that the county would appeal a judge's ruling awarding $1.16 million to three trash-hauling firms that did not land contracts when the county set up trash districts in 2008.

County Circuit Judge Barbara Wallace on Friday awarded the damages to American Eagle Waste Industries, Meridian Waste Services and Waste Management of Missouri. Wallace ruled in September that the county had breached an implied contract with the haulers when it failed to give them two years' notice before setting up the trash districts.

Redington said she had not settled on a specific appeal. "But in general, we're saying that there never was a basis for a lawsuit to begin with and we don't think they proved damages anyway, so we will appeal on those grounds," she said.

The haulers had sought $23 million. In her ruling, Wallace wrote: "The evidence suggests the amount of Plaintiffs' damages had been inflated. It is not for the Court to give an inflated or exaggerated measure of damages, or to award a windfall judgment."

Wallace awarded $799,593 to Waste Management, $261,086 to American Eagle and $99,224 to Meridian.

The plaintiffs and their attorneys did not return calls for comment.

Court Announces $ettlement to Trash Haulers

Judge rules county owes haulers more than $1.1 million

A county circuit court judge on Friday awarded more than $1.1 million in damages to three waste haulers who sued the county over the establishment of its trash-district program.

Judge Barbara Wallace ordered the county pay a total of $1,159,903.90 to American Eagle Waste, Meridian Waste and Waste Management in their suit that alleges the county failed to provide the state-required two years' written notification it was establishing eight trash districts in unincorporated areas.

Wallace awarded $261,086.65 to American Eagle Waste; $99,224.20 to Meridian and $799,593.05 to Waste Management. The haulers claimed they collectively were owed roughly $23 million.

They sued in May 2008 after failing to win contracts to exclusively serve the trash districts.

Contracts were awarded to Allied Waste, IESI and Veolia Environmental Services. Veolia last fall pulled its operations from the St. Louis region and transferred its trash district contracts to Allied.

Unauthorized haulers are prohibited from offering service to district residents.

Plaintiffs cited Missouri Statute 260.247, which states in part, "Any city or political subdivision which annexes an area or enters into or expands solid-waste collection services into an area where the collection of solid waste is presently being provided by one or more private entities, for commercial or residential services, shall notify the private entity or entities of its intent to provide solid-waste collection services in the area by certified mail.''

Trash-collection services cannot begin until at least two years after the date of notification, according to the statute, which was modified by the General Assembly in 2007 to include the county. The County Council approved legislation in December 2006 calling for the future establishment of trash districts. Eight districts were implemented by Oct. 1, 2008.

On Jan. 25, Wallace ruled the haulers were entitled to damages.

"The county's action resulted in a finite loss to plaintiffs of 40,000 customers for the statutory two-year notice period," she wrote in a Jan. 25 opinion. "By enforcing the exclusivity of its trash hauling districts, the county has effectively prevented plaintiffs from even the possibility of regaining those lost customers in that two-year period."

Read more in The Call Newspapers:  http://www.callnewspapers.com/

We Need More Citizens Like This

Maureen Williams has been waging a campaign against roadside clutter for more than two decades.

Armed with a plastic bag and a keen eye, she has scooped up trash along roads and parking lots in Baden and more recently in the Spanish Lake area. Last week, she was rewarded for her volunteer efforts with a road sign with her name on it.

While watering the neatly manicured lawn at Cigno Dental Care, Williams made clear she didn't go looking for any fanfare.

"I don't expect anything," said Williams, 69. "Sometimes I think the mailman, and the fireman and the policeman deserve it more than me. Because they do it every day. ... The mail people never get awards."

On Friday, she received a "Way to Go Green" award from St. Louis County.

Sheryl Hodges, the county's director of highways, traffic and public works, said Williams' efforts have included pulling weeds and sprucing up "just to make our neighborhoods more beautiful."

On weekends, she keeps a watchful eye on businesses in the neighborhood. Her vigilance paid off when she noticed a broken window at a Bellefontaine Road business and reported it to the building's owner. She also makes sure gates are closed.

"I want to get involved where I live," she said.

Williams, who grew up in the city of St. Louis, credits her parents for first impressing the importance of respecting others. Helping others, she said, is satisfaction enough.

Nonetheless, Hodges said, the county will post an adopt-a-roadside sign along Bellefontaine Road. Usually reserved for groups that perform volunteer litter pickup, this one has just one name on it: Maureen Williams.

Read more: http://www.stltoday.com/news/local/metro/article_f799f57a-c31c-57f9-9c0e-e87dc1f6cebb.html#ixzz1Vg22f95h

Trash Landfill to Close

The Superior Oak Ridge Landfill west of Valley Park will stop accepting trash on Oct. 9, and then be covered. The St. Louis County Planning Commission granted a petition by the landfill's owner, Veolia Environmental Services, to withdraw a proposed extension of the landfill's permit.

With the closure, the only landfill left in St. Louis County will be the IESI site in Maryland Heights. The massive Milam landfill, off Illinois Route 203 in Fairmont City, also takes area trash.

Veolia said that Superior Oak Ridge landfill, which opened in 1974, was near capacity. The facility's original life expectancy of seven years was extended by various alterations, as well as by the emergence of recycling and a prohibition on dumping yard waste there.

In 2005, the County Council rejected a petition from the landfill's owner at the time to raise its top by 70 feet, stating that nearby residents had expected the 54 1/2-acre facility to reach its capacity when its mound of trash reached 680 feet above sea level. Increasing the landfill's height was not compatible with the residential development that had taken place since the facility began operating, the council ruled.

Closing the landfill will involve hauling in 60,000 to 70,000 yards of material for a composite cover, a clay layer and a vegetative cover. A "membrane layer" will cover the clay cap to limit water infiltration. The process is expected to be completed next year.

The Missouri Department of Natural Resources and the county Health Department will monitor the site after it is closed, filing monthly reports on methane production or any escape of liquids.

Read more: http://www.stltoday.com/news/local/metro/article_cde85027-5616-53a8-8d73-cde2795e7c8b.html#ixzz1VaFxhuF0

Reader Comments on Supreme Court Trash Suit

This is a simple case and the solution is simple

"Kick all the politicians out of office and vote someone else in.

Install term limits on any elected office -- higher number of years for the office 1 term the lower number of years 2 terms max/.

Get a petition together to put this on a ballot and vote.

People whine and moan and like Congress do nothing but sell a bill of goods.

If you feel your representative at any stage of government is not serving you Kick the Bastard out -- it is that simple.

Reader Comment from: M. Elliott on the Supreme Court decision on the STL County trash suit

Florissant Council Candidates Respond to Your Questions About Trash Haulers

Would you be in favor of letting residents choose their own trash hauler again?

Mark Behlmann, Ward 3: I believe in the philosophy of purchasing at wholesale prices. In many cases, this requires bulk purchasing. I'm not opposed to holding open meetings for the community to come together and learn how to achieve the best purchasing power for all that are concerned. If there is a benefit for a resident to have individual trash hauling service, I am very open to learning and understanding those effects. But as with any benefit those who are directly affected must be given the opportunity to see both sides thoroughly in order to make a wise decision.

Joe Eagan, Ward 3: Not answered

Elizabeth O’Fallon, Ward 3: I am in favor of allowing residents to choose their own trash hauler. My family has experienced some problems with our trash pickup and despite repeated phone calls and complaints, nothing was done to remedy the problem. Going door-to-door, I have heard several similar complaints from residents. I believe competition not only reduces costs but helps maintain quality of service.

Steve Purgahn, Ward 6: Recently, St Louis County established new ordinances requiring all of St Louis County to abide by their Solid Waste Ordinance. That ordinance requires communities to either contract to provide the service themselves or join the St Louis County contracting pool. Florissant has chosen the option to contract for the services.

Pat Stinnett, Ward 6: The citizens of Ward 6 are satisfied with the savings and convenience of awarding a bid to one hauler. They do not want to go back to multiple haulers on multiple days tearing up our streets.

http://florissant.patch.com/articles/reviewing-choices-council-candidates-respond-to-your-questions

Kirkwood Recycling Does Better than the Rest

Kirkwood continues to clean up on curbside recycling, according to the company contracted to manage the program. The haul for the first half of the year is just above $200,000, according to the company's six-month report.

"Great job - amazing job. Nobody else is turning those kinds of numbers in St. Louis County," Gary Gilliam, sales manager for Resource Management Company, told the Kirkwood City Council on July 21. "I get calls from other cities asking 'How do they do that? What are they doing? What's different?'"

The key is "a lot of dedication," Gilliam said. He added it's also many, many years of work in recycling - since the 1970s with the city's recycling depository.

"I think the attitude overall is one of recycling," he added.

Kirkwood recycled 2,820 tons of trash, which is 43 percent of 4,949 tons produced in the first six months of the year, Gilliam reported. Resource Management paid the city $119,871 for this recycled material, and the city saved an additional $80,171 in landfill fees that would have been incurred had the recycled material been thrown away, according to Gilliam's data.

Supreme Court Backs STL County on Trash Districts

Last week, the Missouri Supreme Court ruled in favor of St. Louis County in the class-action lawsuit brought by three county residents (Mike Weber, Paul Marquis, and Cathy Armbruster v. St. Louis County) in 2009, who argued that the county’s creation of eight trash districts violated the county charter.

By a vote of 5-2, the state’s court of last resort affirmed the decision of the Missouri Court of Appeals, thus ending any further litigation in one of the four trash lawsuits.

In its majority opinion, written by Judge William Ray Price, Jr., the high court held that:

(1) the county did not violate its charter by establishing the trash district areas,

(2) that the plaintiffs/taxpayers lacked standing (the right to sue) to challenge the two-year notice before replacing the previous trash haulers,

(3) that the county did not violate the state’s merchandising practices, and

(4) that the county’s ordinances were not improper/invalid.

Two of the seven judges dissented. The dissenting opinion was written by Judge Michael Wolff. In the dissenting opinion, Judge Wolff wrote that the county charter requires voter approval of trash districts for which a service charge will be collected and that the county charter does not specify whether the charge must be collected by the county. He also wrote that he would reverse the circuit court’s decision and let the county’s voters decide whether to approve the new trash collection arrangements.

There are still three trash lawsuits pending in the courts. In the first case, (American Eagle et al. v. St. Louis County), the trash haulers won their case against the county requiring a two-year notice before implementing a trash districting program. However, Circuit Judge Barbara Wallace withheld her decision on damages until the high court ruled in the present case. Now that the class-action case is final, it seems plausible that the three trash haulers (American Eagle, Meridian, and Waste Management) will be awarded damages, which could amount to $23 million.

With regard to the “right to vote” case (Buchanan et al. v. St. Louis County), which was the second lawsuit, filed by two residents in 2008, it appears likely that St. Louis County may prevail in that case.

 And, in the “Hancock Amendment” case (Grace v. St. Louis County), which was the third lawsuit, filed in 2009, it seems that the county may also prevail in that case.

However, as the three plaintiffs in the class-action lawsuit learned, anything can happen in the courts, especially in the U.S. and states’ Supreme Courts, since the decisions of those courts impact public policy, thus making them political, as well as judicial institutions.

Overland Considers Expanding FREE trash pickup

Overland has offered free trash service for the past three years to residents whose income is no more than 150 percent of federal poverty guidelines. The City Council is considering raising the qualification level to 160 percent, to include more people. A total of 108 households now qualify under the 150 percent guideline.

The council agreed on Monday night to consider the change, beginning in August; later, the council also will consider asking voters to approve the city's first park sales tax, a half-cent, on the November ballot.

Increasing the income threshold for trash payment assistance was promoted by council member Ken Owensby. City trash service bills are about $22 a month. But Owensby was quick to oppose the sales tax proposal, saying residents couldn't afford it and the election cost itself would be a waste of funds.

Councilman Jerry May said the council got a city attorney's opinion in 2008 that the free trash service program is illegal, but other members disputed this. An attorney's opinion will now be secured in writing, the council agreed.

In the meantime, Overland is one of the few St. Louis County cities where voters can approve a park sales tax but have not yet done so, officials said. Projections show that it would produce $1 million for parks and/or stormwater services annually.

Read more: http://www.stltoday.com/news/local/metro/article_85a5751a-ffd0-5125-b5f9-6888b9645904.html#ixzz1S0q0RzhN

Normandy Wants Trash Containers Out of Sight

Trash containers in Normandy serving buildings with at least four residential units or commercial buildings must now be concealed from public streets as well as neighboring residences.

The ordinance, approved by the City Council on Tuesday night, is designed to address health and aesthetic concerns. In recent years, the city has sought to review and often beef up its building and property use provisions, to maintain property values.

It gives the city's code enforcement officers the right to determine if the containers need concealment in individual cases.

State high court hears claims in lawsuit over trash districts

From the Call Newspapers
EVAN YOUNG
Staff ReporterMay 18, 2011 - JEFFERSON CITY —
http://www.callnewspapers.com/

Supreme Court judges ask attorneys about statute requiring two years' notice

Attorneys for parties in a class-action suit over the county's trash-collection districts argued their case last week before the Missouri Supreme Court.

The judges took the case — the first of several lawsuits over the trash program to reach their courtroom — under submission following roughly 40 minutes of oral arguments May 11.

Three county residents want three waste haulers to refund households all the fees they've collected since they began exclusively serving eight trash districts in unincorporated areas some three years ago.

Plaintiffs Cathy Armbruster of Lemay, Paul Marquis of Fenton and Mike Weber of Oakville in September 2009 sued the county and Allied Waste, IESI and Veolia Environmental Services, which remains a defendant despite pulling its operations out of the St. Louis area last October.

The plaintiffs contend the trash program is illegal and void because the county did not put it to a vote as they say is required by the Charter, and also because it did not provide waste haulers with a state-required minimum two years' written notification before establishing trash districts.

A state appellate court panel in November upheld most of a county circuit court's earlier dismissal of the case. The plaintiffs appealed, and the state Supreme Court in March agreed to hear their case.

"My clients are citizens, are taxpayers, are residents of three different trash districts established by St. Louis County and so they have standing because one, they are subject to the illegal ordinance; they have standing, two, because their tax moneys are being spent on this illegal scheme; and three, they were some of the people who were supposed to vote on this had St. Louis County had actually obeyed their Charter," plaintiffs' attorney Rob Schultz told the seven judges of the state Supreme Court last week.

The plaintiffs cite a section of the county Charter that states the County Council "shall have, by ordinance, the power to ... provide for the creation of districts in the unincorporated areas of the county within which may be provided ... garbage and refuse collection and disposal, and such kindred facilities as the voters therein by a majority of those voting thereon may approve, the same to be paid for from funds raised by special assessment, general taxation or service charge ..."

The county has argued that its Charter provides for the establishment of trash districts without an election, citing sections that state the council can "(c)ollect and dispose of ... garbage and refuse, or license and regulate such collection and disposal," and one that authorizes the council to "(f)urnish or provide within the part of the county outside incorporated cities any service or function of any municipality."

Schultz said while residents don't pay the county directly for trash service, they are required to pay their assigned trash-district hauler or face prosecution. That enforcement of the trash program is funded with taxpayer money, he added.

County Counselor Patricia Redington argued that residents pay their trash hauler for service; the trash districts themselves do not raise funds as described in the Charter section that requires an election, she said.

Redington also contended the state's two-year notice provision was "wholly irrelevant" to the class-action suit.

She asked the high court to correct a precedent set by the Eastern District of the Missouri Court of Appeals in the separate case of three waste haulers that sued the county for it not providing two years' written notification of its forthcoming trash program.

While Redington has contended the 2007 Missouri law requiring a two-year notice doesn't apply because of the county's Charter status, the appellate court ruled in 2008 that statute 260.247 was a "general statute of statewide public policy" and that the county couldn't override it.

~~~~~~~~~~~~~~

Read more at: http://callnewspapers.com/

County Council Approves New Trash Hauling Rates

With prices rising on everything from food and gas to utilities and insurance, here’s some good news—if you live in unincorporated St. Louis County, your rates for trash service will be going down but many county residents find that hard to believe these rates will still be good 5 years from now as promised.

The lower rates will impact unincorporated areas of the county, including areas surrounding Eureka, Fenton, Manchester and Town and Country, Affton, Lemay, Mehlville, and Oakville.

The St. Louis County Council accepted bids from IESI and Allied Waste for trash service contracts for the county’s eight trash districts. In March, the council approved extending the length of contracts with its waste haulers from three to five years in hopes of receiving better rates.

In trash districts south of Highway 40, homeowners can expect to save between $30 and $52 a year when the new contracts begin Oct. 3. Additionally, residents will no longer have to pay a monthly rental fee for their recycling carts with the new contracts.

Currently, IESI provides service to Districts 1, 2 and 8 and Allied provides service to Districts 3, 4, 5, 6 and 7. Under the new contracts, ISEI will provide service to Districts 2 and 4 and Allied will provide services to the remaining districts.

The council voted 5-2 to approve the bids in each of the eight trash districts, stated minutes from the May 10 meeting. Council members Steve Stenger, District 6, and Greg Quinn, District 7, cast the opposing votes in each decision.

Stenger and Quinn also voted against extending the length of the contracts for the county’s haulers. Stenger had said he was concerned that longer contracts would make it more difficult for smaller hauling companies to compete. At least they won't be able to compete for the next 5 years.

In 2008, the county established eight trash districts as part its waste management code. The creation of the districts enabled the county to negotiate contracts with haulers and provided for unified waste collection, recycling and bulky trash pickup services for residents.

Prior to that, residents in unincorporated portions of the county could choose their own haulers, which resulted in several different trash trucks driving through the same neighborhoods at various times.

Controversy followed the change, and sparked several lawsuits from residents who were opposed to the county choosing their hauler. The lawsuits are currently pending in the courts and could throw out the trash program entirely. The regulation passed by the county prohibits all other trash haulers from doing business in St. Louis County which many feel is unconstitutional.

Comments from Readers:

"I find it hard to believe these rates are guaranteed for the coming 5 years. I'll be glad to eat my words 5 years from now if they are the same."

"Can a government agency legally block companies from doing business in the county? Are other trash haulers prohibited from doing business here? That just doesn't sound right."

"This issue has gone up thru the courts and some issues are pending before the Missouri Supreme Court. This whole issue just doesn't smell right."

New Trash Program Approved for St. Louis County

St. Louis County Council members, with a 5-to-2 vote, approved a series of trash hauling contracts for the next five years. Those two dissenting votes came from Democrat Steve Stenger and Republican Greg Quinn.

Stenger said he wasn’t comfortable with all eight trash districts receiving coverage from one of two trash giants: Allied Waste and IESI.

“Our program begins to look more and more like a monopoly. It’s concerning to me,” Stenger said. “I’d really rather see a three-year contract that is up for renewal and up for oversight by the County every three years instead of every five years.”

The previous set of contracts had three years in length, but the County administration believed a longer contract would mean cheaper prices.

Monthly rates under the new contracts are down, by an average of about $2 per household, but Stenger disputes that the longer commitment is the cause.

After the Council vote, County Executive Charlie Dooley issued a statement proclaiming the lowered rates. “That’s a wonderful thing to be able to tell citizens in these tough economic times,” the statement reads. “A half decade from now, you’ll still be paying less than you are today to have your household trash hauled off.”

As one resident said, "If you think it's too good to be true, it's not. There's no way these rates will be the same 5 years from now."

Three of four trash-district lawsuits now pending before state high court

EVAN YOUNG Staff Reporter for Call Newspapers
http://www.callnewspapers.com/

Haulers claiming $23 million in damages; May 31 trial set.

April 27, 2011 - Three of the four lawsuits filed over St. Louis County's trash-district program now are pending in some fashion before the Missouri Supreme Court.

The Eastern District of the Missouri Court of Appeals recommended on April 15 that the high court take the case of two residents who've sued the county over the establishment of eight trash districts in unincorporated areas without a vote.

The recommendation came two days after the county asked the state Supreme Court to intervene in a lawsuit filed by three waste haulers over the county's failure to provide a state-required two years' notice before establishing trash districts.

In addition, oral arguments are scheduled next month before the high court in a third case — class-action litigation by three county residents who claim the trash program is illegal.

A panel of state appellate judges in November upheld most of a county circuit court's earlier dismissal of that case.

But the judges sent back to trial court the plaintiffs' claim that the county violated its charter by not letting voters consider the trash-district program.

The plaintiffs successfully appealed the decision to the state Supreme Court, which has scheduled oral arguments for May 11.

Because the right-to-vote issue is identical in both the class-action suit and that of county residents Brett Buchanan and Greg Porter, the high court also should take the latter case, the appellate court recommended.

"This court believes that there is a question of general interest or importance involved regarding whether an election is required before the county can establish trash collection areas," the recommendation states. "Therefore, this court respectfully requests that the Missouri Supreme Court, on its own motion, transfer this appeal from this court to the Missouri Supreme Court."

County Counselor Patricia Redington has cited two sections of the charter — one which states the council can "(c)ollect and dispose of ... garbage and refuse, or license and regulate such collection and disposal," and one that authorizes the council to "(f)urnish or provide within the part of the county outside incorporated cities any service or function of any municipality" — as proof the program didn't have to go on the ballot.

County circuit Judge Barbara Wallace ruled in September that a vote wasn't required.

Two days before the appellate court handed down its recommendation, Redington asked the state Supreme Court for a writ of prohibition against Wallace and the three haulers because the circuit court has "exceeded its jurisdiction" in the case, she said.

Wallace last September ruled that the county breached an implied contract with the haulers when it neglected to give them two years' notice. She ruled in February that the haulers were owed damages based on two years' revenue and the "finite loss" of 40,000 customers.

A May 31 trial tentatively has been set to determine damages, which the haulers claim are more than $23 million.