NOT WASTED: AREA WILL STILL FORM MANAGEMENT DISTRICT

PERRYVILLE -- A judge's ruling that Missouri's Department of Natural Resources has illegally established guidelines for solid waste regions shouldn't keep area counties from setting up a waste management district here.

That was the message Tuesday from Tom Tucker, executive director of the Southeast Missouri Regional Planning and Economic Development Commission in Perryville.

Tucker told members of the commission that a recent decision by Cole County Circuit Court Judge Byron Kinder voided the waste management region boundaries set by the DNR to help counties com~ply with Missouri's solid waste law.

Kinder ruled that the DNR failed to provide for public notification as mandated by state law and the agency didn't submit the proposed rules to the state's Joint Committee on Administrative Rules.

The judge's ruling came in a lawsuit by Jefferson City and a number of other cities and counties challenging the boundaries.

Tucker said Tuesday that the DNR can either appeal the ruling, seek an emergency ruling or "go through the rules process all over again."

The Cape Girardeau County Commission last month agreed to become the lead county in setting up a Solid Waste Management District as set forward in the state solid waste law passed two years ago.

According to the boundaries established by the DNR, the district would include the counties of Cape Girardeau, Bollinger, Perry, Madison, Iron, St. Francois and Ste. Genevieve.

"My feeling is if there's agreement on forming a district, then we ought to go ahead and do it," Tucker said.

He said the DNR is likely to appeal Kinder's ruling, which could take up to six months.

But solid waste management districts must be formed by June to be eligible for $45,000 annually over the next two years to assist in establishing a solid waste plan.

"I think we need to go ahead and form the district notwithstanding the court decision, because the DNR probably will honor those districts that have already been established in good faith," Tucker said.

"If you don't have a district formed by June, regardless of the result of the appeal, you probably won't get the money for drafting a solid waste plan."

Carl Klaus, Perry County Presiding Commissioner, made a motion at Tuesday's meeting to elect a management committee to begin to form the district. The motion was unanimously approved.

Tucker said after the meeting that he doubted the court ruling would stymie efforts to form solid waste districts or negate those districts already formed.

But he conceded the process likely will be further delayed by the judicial haggling.

Cities and counties across the state have been forming districts in order to coordinate waste management plans to comply with mandates in the new solid waste law.

The law requires that by 1998, cities and counties reduce by 40 percent the amount of waste going to landfills.

Cape Girardeau city officials have said the formation of districts will benefit local recycling and composting efforts.

The integration of recyclable material among several communities is expected to promote better markets for the materials. And a joint composting operation would allow the communities to share the cost of composting equipment.

The city last fall started a citywide, curbside recycling project and this year unveiled its plans for composting. Both projects are part of the city's Solid Waste Management Plan designed to meet requirements of the solid waste law.

Cape Girardeau is the only city in the district area that now has such a plan. Ste. Genevieve and Perry counties commissioned a recycling study but haven't started countywide programs.