The Effects of Flow Control

Recent legal cases regarding flow control legislation have prompted a closer look at the effects of such legislation on recycling.

The U.S. Environmental Protection Association (EPA) released a report in early 1995 that examined the effects of flow control ordinances. The agency’s report to Congress, titled "Flow Controls and Municipal Solid Waste," was produced by the EPA Office of Solid Waste Municipal and Industrial Solid Waste Division.

To prepare its report, the EPA examined flow control ordinances nationwide, finding that 35 states, the District of Columbia and the Virgin Islands authorized flow control directly at the time of the study and that four additional states authorized flow control through mechanisms such as solid waste management plans and home rule authority.

The report concludes that flow control ordinances are "administratively efficient" tools local governments can use to plan and fund solid waste management systems. However, the report finds that the protection of human health and the environment is related to the implementation and enforcement of federal, state and local environmental regulations and not to the existence of flow control measures. Data also show that flow control is not necessary for developing MSW management capacity or for achieving recycling goals, according to the EPA.

"Flow controls play a limited role in the solid waste market as a whole," the executive summary of the report states. "Flow controls are not typically utilized by landfills or composting facilities. Less than 3 percent of the recycling market is subject to flow controls; however, approximately 19 percent of the materials handled by existing MRF-based recycling programs are supported by flow controls. Flow controls play the largest role in the waste-to-energy market, where at least 58 percent of the throughput is supported by flow controls."

The report suggests a number of alternatives to flow control ordinances that can be used to direct material to designated facilities. "One approach is for a local government to own and operate its waste collection system, delivering the waste to the facility of its choice," the executive summary notes. "Another approach is for the local government to employ the private sector, through contract or franchise arrangements, for collection services. Contract or franchise agreements can incorporate specific requirements such as the frequency of collection, inclusion of recyclables and designation of facilities to which the collected waste is to be delivered."

The summary also suggests that special purpose districts or utilities can be used to manage municipal solid waste, providing services directly or using a contract or franchise arrangement with the private sector for services.

To fund such programs, the executive summary suggests the use of property or general taxes, user fees or market-based tip fees. "Taxes may be politically unpopular," the summary states, "but they are relatively easy to administer and serve as the basis for issuing general obligation bonds. User fees may be seen as equitable, especially if they vary with the amount of waste thrown away, but they involve relatively greater administrative effort."

The executive summary of "Flow Controls and Municipal Solid Waste" can be found at http://www.epa.gov/osw/nonhaz/municipal/landfill/flowctrl/report/execsum.pdf.