SWANA Issues Statement On Flow Control

Publish Date: 11/19/2007


In light of the recent U.S. Supreme Court decision in the United Haulers vs. Oneida Herkimer case, the Solid Waste Association of North America (SWANA) International Board of Directors issued the following  statement on flow control at their Annual Meeting in Reno, NV in October:

“SWANA recognizes flow control as an effective and legitimate instrument of integrated municipal solid waste management. To the extent it is allowed by law and after public discussion, including the consideration of economic, environmental and social impacts, and input from residents, businesses, and other interested parties, flow control can be implemented without unduly interfering with the free movement of municipal solid waste and recyclables across jurisdictional boundaries.”

“Given the importance of the U.S. Supreme Court decision, the SWANA Board believed that it was important to clarify our position as guidance to our members that might be considering employing flow control in their communities.” said John H. Skinner, Ph.D. SWANA’s Executive Director and CEO.

In May 2007, the U.S. Supreme Court heard its first solid waste management case in 13 years, United Haulers Association vs. Oneida-Herkimer Solid Waste Management Authority. By a 6-3 margin, the court ruled that a local ordinance that directs locally generated-wastes to publicly owned waste facilities do not discriminate against interstate commerce.  The decision left in place a ruling by the U.S. Court of Appeals for the Second Circuit Court upholding the county ordinances.

About SWANA:

For over 40 years, SWANA, The Solid Waste Association of North America, has been the leading professional association in the solid waste management field. SWANA’s mission is "to advance the practice of environmentally and economically sound management of municipal solid waste." SWANA serves over 7,800 members and thousands more industry professionals with technical conferences, certifications, publications and a large offering of technical training courses.