Gwinnett County residents could face $500 fine for not recycling [Georgia]

GWINNETT DAILY POST
-Two more join fight against county-
Decision regarding Gwinnett garbage proposal expected to come next week
By Jamie Ward - Staff Writer - 12/13/2008 12:01:00 AM
“...
LAWRENCEVILLE - A preliminary injunction hearing to keep the garbage service in the unincorporated parts of the county as-is wrapped up Friday and is now in the hands of Gwinnett County Superior Court Judge Michael Clark.

...there were some heated legal exchanges among the attorneys, Judge Clark and Connie Wiggins. The main issue concerned whether the county had the authority to delegate its trash collecting responsibilities to a private, nonprofit corporation.

...When some sections of that contract were read aloud, it appeared that the nonprofit corporation had “sole discretion” to act in its’ ... best interest...

“How can they have sole discretion on a county matter,” Judge Clark asked Attorney Silva.
“Sole discretion means you have no control over me.
If I had sole discretion, then the court of appeals couldn’t do butkus to me.”

Attorney Silva said that Gwinnett Clean and Beautiful taking over the garbage plan administration from the county was getting rid of government bureaucracy...
Judge Clark fired back:
“They hired more bureaucracy,” he said.
“They just called it something different.”

... He also wondered whether private employees of a nonprofit corporation had the legal authority to write citations and issue $500 fines to citizens not in compliance with the solid waste ordinance.
“When you start trying to enforce that,
it’s going to be ridiculous,” he said.

Clark’s ruling is expected late next week after lawyers for the county, Gwinnett Clean and Beautiful and the haulers submit final documents as ordered by 5 p.m. Tuesday.
...”
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http://www.gwinnettdailypost.com/main.asp?SectionID=6&SubSectionID=84&ArticleID=53918
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http://www.ajc.com/services/content/metro/stories/2008/12/18/gwxgarbage.html
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Gwinnett waste plan may be altered
By Patrick Fox - The Atlanta Journal-Constitution
Thursday, December 18, 2008

Gwinnett County officials may be wavering on their commitment to a new solid waste disposal plan now set to take effect Jan. 2.

The plan expands and mandates recycling and assigns two haulers to handle all residential collection in unincorporated Gwinnett. It has generated protests from residents and a lawsuit from two waste haulers who claim its implementation is illegal.

At public meetings Tuesday night and Wednesday morning, county officials indicated that changes to the plan would be considered.

“There’s no question about it, this has been a significant outcry of the citizens,” County Administrator Jock Connell told Gwinnett legislators at Wednesday’s meeting at Shorty Howell Park Activity Center. “You’ve heard it. Plus, we’ve heard it.”

Connell echoed a statement Commission Chairman Charles Bannister made during a commission meeting the night before. He said county officials need to make the garbage plan work. “You may see changes,” Bannister said.

Jane Langley, spokeswoman for Gwinnett Clean and Beautiful Services, the agency in charge of administering the program, said Wednesday that agency officials were not aware of any proposed changes in it.

During the meeting Wednesday, state Sen. Renee Unterman said her constituents complained they weren’t able to contact representatives of Gwinnett Clean and Beautiful Services. Connell recommended that citizens first call the agency, then contact their county commissioners.

“I’m not going to tell you we’re making everybody happy,” Connell said. “I think better clarity will come to this issue.”

A Superior Court judge may rule soon on a request for a court order against the plan.

Tuesday night, more than two dozen citizens attending the commission meeting at the Gwinnett Justice and Administration Center in Lawrenceville expressed distaste for the garbage plan.

Most of the comments centered on residents’ statements that they felt they had been deprived of the chance to choose their own waste haulers. Others said the county had run some smaller garbage haulers out of business by signing six-year contracts with the two successful bidders for the job. Still others complained their rates would rise under the plan.

“We had some real problems raised,” Commissioner Bert Nasuti said. But, he said, the plan was established to solve a problem of illegal dumping and to satisfy state mandates for increased recycling.

“Believe me,” said Commissioner Mike Beaudreau, “your comments are being heard.”

Judge halts Gwinnett garbage plan
By PATRICK FOX-The Atlanta Journal-Constitution
Thursday, December 18, 2008

A Superior Court judge Thursday blocked implementation of Gwinnett County’s new trash disposal program — leaving some 180,000 households in the unincorporated areas of the county wondering who will pick up their garbage in January.

Judge Michael C. Clark ruled the county plan, which was to begin Jan. 2, violated state law by delegating governmental functions to a private entity, Gwinnett Clean and Beautiful Services. The nonprofit corporation had been tapped by the county to administer a new waste program that expanded and mandated recycling and that consolidated service by contracting with two haulers.

Clark granted the injunction sought by Southern Sanitation and Sanitation Solutions, two haulers who said the new program would run them out of business.

“This is an answered prayer,” said Buddy Johnson, owner of Southern Sanitation. “As far as I understand, we’re still in business, and all our employees will be very excited.”

Representatives from Gwinnett County met Thursday evening to discuss the ruling.

Deputy County Administrator Mike Comer said officials are working to put something together quickly so residents will know what’s happening with their garbage collection.

Jane Langley, spokeswoman for Gwinnett Clean and Beautiful Services, said the organization was still studying the ruling and considering legal alternatives.

“In view of the court’s ruling,” she said, “we are ready to assist the county to consider every possible way for the citizens of Gwinnett County to continue to receive solid waste disposal service.”

Kevin Byrd, owner of Sanitation Solutions, said the ruling was a testament to all the support his company has received from residents. “We look forward to continuing to service our customers,” he said. “We’re excited about this news, and I think citizens will be also.”

Clark also took issue with the handling of the process by which the agency selected its two haulers. The original request for proposals said Gwinnett would be divided into eight zones and that no one hauler would be allowed to service more than three zones, meaning at least three haulers would be selected, the ruling states.

But during the selection process, the number of zones was reduced to six, and GC&B Services awarded the contracts to Advanced Disposal Services and Waste Pro, both with headquarters in Florida.

Gwinnett residents now hire private haulers for garbage collection. Most of the eight current haulers have said they plan to continue service through the first of the year.

“I’ve never seen a government target its own small businessmen,” said attorney Roy Barnes, who represented the two haulers. “This is the best example of politicians saying one thing and doing another that I’ve ever seen.”
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http://www.ajc.com/services/content/metro/gwinnett/stories/2008/12/18/gwinnett_garbage_injunction.html
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“We don’t intend for this to be the garbage gestapo, running around, looking in people’s garbage about what’s there and what’s not there,”

But trust me.. that's exactly what it will become.

Anyone pulled that here, 99% of people's garbage would end up dumped in the desert.

THE GOOD GUYS HAVE WON ROUND ONE.
Judge ruled today to cancel the plan (for now).

Thank you gwinnett county commissars. I really appreciate you adding another $308 to my already to high property tax. The reason they add it to our property tax is if you don’t pay your taxes they can steal your property. Because they would never collect this from me. What would they do stop the service I don’t want? Go to hell you commies. Republican socialists are just as bad if not worse than democrats. We need to clean the trash out of gwinnett county starting with the corrupt commie commissar Banister.

We don’t intend for this to be the garbage gestapo, running around, looking in people’s garbage about what’s there and what’s not there, said Connie Wiggins, the new Marjory Heap of Gwinnett Count's ongoing comedy.