Recyclers say Clark County, Republic are stifling competition

Grace Leong

Friday, April 19, 2002 | 10:56 a.m.

Two small construction debris recyclers are challenging a county ordinance on waste management they say is "ambiguous" and allegedly allow their rival Republic Silver State Disposal Inc. to monopolize the waste recycling market.

Nevada Construction Cleanup Inc. of Las Vegas and Lincoln County-based Western Elite Inc., which receives the recycled waste materials from Nevada Construction and further processes it into compost, sued the Clark County Board of Health, the Clark County Commission and Republic in Clark County District Court last week.

The plaintiffs said they fear amendments passed in January on waste recycling laws may force them to shut down because the new laws prohibit small recyclers from shipping waste to other recycling plants outside of Clark County.

Nevada Construction, which said its application for permits to operate a transfer station and recycling plant was unfairly denied in 1998, said the defendants "arbitrarily" awarded to Republic and its subsidiary Disposal Urban Maintenance Processing Co. Inc. -- allegedly without holding a competitive bid -- an exclusive franchise to operate recycling plants in Clark County.

Transfer stations are enclosed buildings where trash is dumped temporarily and watered down to prevent unpleasant odors. Debris dumped at transfer stations is later removed to landfills and recycling plants.

The suit said the defendants violated Nevada Construction's right to do business outside Clark County when they allegedly passed ordinances that require all solid waste generated in Clark County to be dumped at Republic's landfill at Apex, 19 miles north of Las Vegas.

Nevada Construction, which said it was warned by the Health District that waste materials it shipped to Western weren't recyclable and must be dumped at the Apex landfill, said it fears it may be cited and lose its license if the Health District is allowed to enforce the new recycling laws.

"We want the court to determine what waste materials small recyclers can handle, how they can handle it and what has to go to Apex. We also want the court to decide what are the restrictions on small recyclers, Republic and the Health District," said Earl Hawley, the plaintiffs' attorney.

Nevada Construction, which said Republic's "stranglehold on interstate commerce and the recycling market has rendered Clark County an environmental embarrassment of the nation," cited a Jan. 10 letter by the federal Environmental Protection Agency to the Health District that said it was concerned the new recycling laws "may have the unintended consequence" of hindering Clark County's ability to increase its recycling rate.

The EPA, which said Nevada has one of the lowest state recycling rates in the nation, said the new recycling laws may be appropriate for recycling centers managing hazardous materials. But the EPA said it is concerned that imposing stringent laws on all recycling plants like simple paper recyclers may force them to close.

"Clark County's recycling rate of 10.9 percent was achieved by contributions of 8.3 percent from private recycling centers. This group of recyclers are the ones that will be most impacted (by the new laws) and may in fact be shut down due to the costs of and timelines for compliance," the EPA said in the letter.

"Congress established a national goal of a 35 percent recycling rate by 2005. The 1999 national recycling rate rose to 28 percent and Washoe County, Nevada, had a recycling rate of 21 percent," the EPA said.

The Health District declined comment and the other defendants could not be reached for comment on Nevada Construction's allegations.