UPDATE: Todd Glass, the legal counsel for Warrick County Solid Waste Management District, has responded to the complaint filed on Nov. 13 by NWRA, stating that the injunction filed is "not something the district is entitled to," according to Tristate Homepage.
While NWRA claims that the district is awarding Renewable Resources with a garbage collection monopoly for the county, Glass defends this decision by explaining the nature of the competitive process. He says that the county was seeking a hauler to collect trash and recyclables for the least amount of money in the county, and Renewable Resources was the best choice.
"The other haulers participated in that process and they just didn't win the contract and therefore now we have a lawsuit from some disgruntled bidders saying it wasn't something that should have been done," Glass said.
Glass went on to explain that Warrick County residents may opt out of Renewable Resources' services if they wish. In the meantime, he said he feels confident that Warrick County can successfully defend its decision.
Dive Brief:
- The National Waste and Recycling Association (NWRA) has filed an action against the Warrick County Commission in Indiana to stop a monopoly by Renewable Resources over curbside collection and processing of solid waste and recyclables in that county.
- NWRA filed the complaint on behalf of Advanced Disposal, Republic Services, and Eric Gries Disposal, in the U.S. District Court for the Southern District of Indiana, alleging that the award to Renewable Resources resulted from the Commission’s irregular bidding and procurement process. Such action violates the Commerce Clause of the U.S. Constitution and Indiana statutes, NWRA argues.
- The agency is seeking a temporary restraining order to prevent the approved start of curbside collection, set for Dec. 1.
Dive Insight:
In its petition, NWRA compared the Warrick County scenario to a 1994 Supreme Court case: C&A Carbone, Inc. v Town of Clarkstown, NY that held an ordinance to grant a local contractor a monopoly over processing solid waste and recyclables was impermissible.
In the present case, the Warrick County Commission has exceeded its authority, preventing in-state bidders from competing on level playing field, the NWRA wrote.
NWRA Vice President of Communications Christopher Doherty has said the association has no further comment at this time.
