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The National Solid Wastes Management Association (NSWMA) has filed a lawsuit against the city of Dallas, Texas, to overturn a local flow-control ordinance requiring all of the city’s commercial solid waste to be disposed of at the city-owned McCommas Bluff landfill. The ordinance, which the Dallas City Council approved in early October, was an apparent condition set forth in an offer by Dallas-based Organic Energy Corp. to build a $100 million recycling facility at the landfill. The NSWMA lawsuit characterizes the ordinance as an “anti-free-enterprise action” that is contrary to both state and federal law. “This ordinance also would rewrite long-term contracts the haulers have with the city that allow them to get the best deal for their customers by using competing landfills and other existing recycling facilities,” said Tom Brown, chairman of NSWMA’s Texas chapter. “The city is rewriting the contracts to create a monopoly at the McCommas Bluff landfill so it can address budget shortfalls. The law doesn’t allow the city to renege on a deal just because of tough economic times.”
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