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Tuesday, January 24, 2012 6:58 AM

The Devil and the Deep Blue Sea

By: Trotti, John Comments

In a previous MSW Editor’s Blog, I passed along a question one of my Editorial Advisory Board members voiced regarding the fate of waste and recyclable materials managed by or turned over to private operators: “Why don’t municipalities make accurate accounting a contractual requirement?”

I didn’t get any feedback, making me wonder if I am tilting at windmills again. So I’ll pose the question again, adding to it another of my wonderings…Isn’t this fundamental to the premise on which solid waste management is founded: public health and safety?

The backdrop to this is that the public places in our hands the responsibility for managing materials that, were they left untended, would seriously compromise the quality of life within an urban environment. While the materials themselves may be handled, in part or whole, by private-sector contractors, the public sector cannot outsource its fiduciary responsibility for the fate of these materials, whether through disposal or diversion.

Subtitle D holds our feet to the fire when it comes to landfill disposal, and a host of air-quality regulations do the same with WTE, but when it comes to recyclables, all too often we find ourselves trusting to the good intentions of those in whose hands we place materials, content to take their money while reaping whatever diversion credits apply.

Is this what the public expects when it places its materials in our hands? I don’t think so. Even if no greater expectation of MSW management than its scheduled disappearance from in front of the house is involved, the fate of those materials is in our hands until they no longer represent a threat to public health and safety, no matter on whose turf the threat exists…ours, China’s, or the denizens of the bottom of the deep blue sea. So this leads to another question: “If not by proper accounting, how can we guarantee the proper disposition of recyclables once they leave our hands?”

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What Do You Think?

Kay Martin

Thursday, January 26, 2012

Right you are, John. To the innocent observer, it makes perfect sense to require service providers to document the ultimate destination of recyclable materials collected under the auspices of a public agency contract. How else can local government officials ensure that their fiduciary responsibility to handle waste materials in an environmentally sound/beneficial way is being met? There are at least two reasons,however, why such a contractual provision may never make it to the negotiating table. First, private service providers argue that disclosure of the details of their recyclables sales contracts would place them at a competitive disadvantage with other players in the scrap markets. The confidentiality of these contracts is waved under the flag of free market capitalism and claimed to be sacrosant. This notion is seldom challenged by politicos (I, in fact, once drafted a legislative proposal requiring documentation of the destination of recyclables, and was kind of patted on the head by the Sacramento wise ones, and sent on my way). A second reason is that there is no burning desire on the part of local government officials, CalRecycle, environmental groups, or the Legislature to really know. It is dangerous political ground to ask questions that may yield inconvenient truths. Better to get behind the comfortable illusion/delusion that CA is really recycling over half of its waste. And as for the continuing flow of residuals, let's look the other way.....

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