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Haulers Consider Action

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By ANTHONY McCARTNEY, The Tampa Tribune

Published: November 21, 2007

TAMPA - Hillsborough County needs to either raise its residential trash rates or pay millions in restitution to its franchise haulers for failing to amend a trash ordinance earlier this month, attorneys for two major trash-hauling firms say.

County commissioners by a 4-3 vote on Nov. 7 rejected amendments to its garbage collection ordinance. A judge has ruled the ordinance doesn't give Hillsborough adequate authority to enforce its exclusive agreement with the companies, Waste Management, Waste Services and Republic Services.

That decision breached a contract extension approved last year, the attorneys for the garbage companies wrote in letters delivered to county officials Tuesday.

"My client cannot and will no longer stand by idle while the County violates its contractual and legal obligations," attorney Daniel Nicholas wrote on behalf of Waste Management.

He presented the county with three options: amend its trash-hauling ordinance on Dec. 5, raise its residential collection rates or do nothing and get sued.

Waste Management's losses because of the commission's vote could be $40 million to $50 million, Nicholas wrote.

Waste Services also warned Hillsborough it could be liable for millions of dollars in losses as a result of the Nov. 7 vote. The company is also calling for "immediate and vigorous enforcement against all illegal haulers," which would include some of those who spoke against the changes earlier this month. Republic Services is still studying the effect of the board vote, a company spokesman said.
County Administrator Pat Bean said Tuesday's arrival of the letters was not unexpected. She said she would consult with County Attorney Renee Lee to decide how the county should respond.
County Commission Chairman Ken Hagan, who was on the losing side of the effort to make the changes, said he believes the commissioners' decision will result in a rate increase for unincorporated residents.

The issue could be settled in court, regardless. The county is appealing a judge's opinion from earlier this year that Hillsborough didn't have adequate authority to grant exclusive rights to haul residential construction debris to the three franchise firms.

Numerous independent companies haul residential construction debris, and say they would be put out of business in Hillsborough if the county amends its 11-year-old waste hauling ordinance. An appellate court ruling in favor of the county could have the same effect.

An attorney for many of the independent firms could not be reached for comment late Tuesday afternoon.

Reporter Anthony McCartney can be reached at (813) 259-7616 or amccartney

@tampatrib.com.

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