MONROE - As the city plans to discuss on Tuesday a possible flow-control ordinance that would require commercial trash haulers to exclusively use the Green County transfer station, the National Waste & Recycling Association (NWRA) is threatening to possibly sue Monroe if it does so.
Accusing the city of potentially creating a monopoly and citing case law to back its claim, the association sent a letter Thursday to Mayor Bill Ross and the city's aldermen.
"Flow control refers to a local government-imposed monopoly that forces haulers to dispose of the waste they collect at a favored facility, even if a less expensive, more convenient or more modern facility is available," the letter read, in part. "NWRA is concerned the business community, including our customers in Monroe, have not had an opportunity to have their voices heard concerning this proposal. Further, flow control is bad public policy, would result in higher waste disposal costs for many businesses in Monroe, and could result in increased Superfund (cleanup) liability for the city of Monroe. In addition, and importantly, a Monroe flow control ordinance would be vulnerable to legal challenge."
The letter later said: "Such lawsuits are often lengthy and expensive."
Monroe Mayor Bill Ross said he was surprised to learn of such a letter.
"I've been told other communities have flow control and that we're not setting a precedent by talking about it," he said Friday. "This will be part of our discussion Tuesday and we'll have the city attorney look at this, but we thought we were OK."
Flow control is one aspect of a proposed five-year contract on the table between the city and the Green County Solid Waste Management Board, which operates a transfer station in Brodhead. The trash eventually gets buried in Janesville.
Currently, Monroe residents' trash gets hauled by the city, but businesses need to use private haulers. The three doing business here are Rock Disposal, Pellitteri Waste Systems and Advanced Disposal. All three are paying members of the county's transfer station, and both Rock and Pellitteri use it as their only dumping site. Advanced uses it as well, with some trash staying at its Monroe location on 7th Street or at a transfer station in Waunakee.
Advanced Disposal and Pellitteri Waste Systems declined comment when reached by phone. Meanwhile, Rock Disposal president Bob Klimoski said he thought the ordinance could be considered unconstitutional.
"Whether it applies in this situation or not, I'm not sure," he said.
Monroe Alderwoman Brooke Bauman, who as Common Council president sits on the Solid Waste Management Board, considered the correspondence as "a type of form letter."
"They want to protect their own interests, just like we want to protect ours. They want to influence our vote," she said. "I'm not overly concerned about it. They are not located in Monroe, not even in Wisconsin. They don't know our situation."
She said she has done research on other communities that have the ordinance in place.
"Some work well and some don't. If you want to grow the market, then not so much. For budgeting purposes, it's great. It's better for planning," Bauman said.
She also noted the association is incorrect in thinking the transfer station is truly a government entity. It may use county employees, but it is funded exclusively by its paying members. Basically, the city is nothing more than a long-time customer.
"It's an important distinction," Bauman said. "As its biggest user, Monroe has a lot of equity in it."
Accusing the city of potentially creating a monopoly and citing case law to back its claim, the association sent a letter Thursday to Mayor Bill Ross and the city's aldermen.
"Flow control refers to a local government-imposed monopoly that forces haulers to dispose of the waste they collect at a favored facility, even if a less expensive, more convenient or more modern facility is available," the letter read, in part. "NWRA is concerned the business community, including our customers in Monroe, have not had an opportunity to have their voices heard concerning this proposal. Further, flow control is bad public policy, would result in higher waste disposal costs for many businesses in Monroe, and could result in increased Superfund (cleanup) liability for the city of Monroe. In addition, and importantly, a Monroe flow control ordinance would be vulnerable to legal challenge."
The letter later said: "Such lawsuits are often lengthy and expensive."
Monroe Mayor Bill Ross said he was surprised to learn of such a letter.
"I've been told other communities have flow control and that we're not setting a precedent by talking about it," he said Friday. "This will be part of our discussion Tuesday and we'll have the city attorney look at this, but we thought we were OK."
Flow control is one aspect of a proposed five-year contract on the table between the city and the Green County Solid Waste Management Board, which operates a transfer station in Brodhead. The trash eventually gets buried in Janesville.
Currently, Monroe residents' trash gets hauled by the city, but businesses need to use private haulers. The three doing business here are Rock Disposal, Pellitteri Waste Systems and Advanced Disposal. All three are paying members of the county's transfer station, and both Rock and Pellitteri use it as their only dumping site. Advanced uses it as well, with some trash staying at its Monroe location on 7th Street or at a transfer station in Waunakee.
Advanced Disposal and Pellitteri Waste Systems declined comment when reached by phone. Meanwhile, Rock Disposal president Bob Klimoski said he thought the ordinance could be considered unconstitutional.
"Whether it applies in this situation or not, I'm not sure," he said.
Monroe Alderwoman Brooke Bauman, who as Common Council president sits on the Solid Waste Management Board, considered the correspondence as "a type of form letter."
"They want to protect their own interests, just like we want to protect ours. They want to influence our vote," she said. "I'm not overly concerned about it. They are not located in Monroe, not even in Wisconsin. They don't know our situation."
She said she has done research on other communities that have the ordinance in place.
"Some work well and some don't. If you want to grow the market, then not so much. For budgeting purposes, it's great. It's better for planning," Bauman said.
She also noted the association is incorrect in thinking the transfer station is truly a government entity. It may use county employees, but it is funded exclusively by its paying members. Basically, the city is nothing more than a long-time customer.
"It's an important distinction," Bauman said. "As its biggest user, Monroe has a lot of equity in it."