The Environmental Hearing Board Monday upheld the imposition of recycling payments as part of an RFP process in Clearfield County by rejecting a request for summary judgment in a challenge brought by Waste Management, Inc. (EHB Docket No. 2013-033-L).

As part of the RFP process required by Act 101, Clearfield County in 2010 asked for proposals on waste disposal capacity and asked for voluntary assistance on how a funding shortfall could be made up in the county's recycling program.

Two proposals, one from Veolia Landfill and Wayne Township Landfill won the bids and flow from the county was directed to those landfills.  They included voluntary assistance to help fund the Clearfield's recycling program, including a combination of a $2 per ton recycling payment, annual payments to the county and discounts for disposing of waste.

The county waste plan was then amended and sent to the Department of Environmental Protection for approval.

DEP approved the plan and DEP's approval was appealed to the Environmental Hearing Board by Waste Management.  Waste Management alleged the RFP process was not competitive and imposed a de facto fee on waste disposal facilities.

County waste fees were overturned in 2005.  Commonwealth Court again last October ruled counties could not impose waste recycling fees under Act 101.  The decision was later overturned by a U.S. Bankruptcy Court in Philadelphia.

A copy of the EHB ruling is available online.

The Environmental Hearing Board will now proceed to a full hearing on the merits of the case.

5/12/2014