REGIONAL PLAN TOUTED AS KEY TO SOLID WASTE

With federal and state mandates adding to the already difficult and costly task of solid waste disposal, area officials hope to soon develop a regional solid waste management plan.

The plan, designed to help cities and counties comply with a statewide goal to reduce by 40 percent the trash they generate, is a cooperative effort of the seven counties that comprise the Region R Solid Waste Management District, one of 20 such districts around the state.

The trash-reduction goal is being pushed by the Missouri Department of Natural Resources and is part of Missouri's solid waste management law that passed in 1990. The DNR hopes to reduce the use of depleted landfill space in Missouri through increased recycling.

Some officials around the state have challenged whether the 40 percent guideline can be enforced and whether the law violates the Hancock Amendment to the state constitution. That amendment prohibits the state from imposing unfunded mandates on local governments.

But Jackson City Administrator Carl Talley and Cape Girardeau Assistant City Manager Doug Leslie, say it's in their cities' best interests to develop a management plan and to cooperate regionally in solid waste.

Federal mandates have made it increasingly difficult and expensive to operate landfills and open new ones. It is an issue officials here think can't be ignored.

Tom Tucker, director of the Southeast Missouri Regional Planning and Economic Development Commission, says local governments would be foolish to ignore the issue, because it won't go away.

And Tucker is optimistic of Region R's success.

"What our district members have said is they want a landfill publicly owned and operated, and want resource recovery," he said. "They don't want to put any more in the ground than they have too. I think this is recognized by county and municipal officials in our district as something they have to face up to. Some districts in the state are hiding and saying it will go away, but it won't go away."

As an added incentive, a lack of good solid waste management will reduce economic development opportunities for counties.

"If we can't handle solid waste, how can we do economic development?" Tucker said. "It is becoming an issue that business and industry is starting to ask when they look at an area. They want to know where to take their trash."

Springfield City Attorney Howard Wright recently told the city's solid waste task force the state can do nothing to cities that ignore the 40 percent requirement because the state solid waste law has no penalty provisions. He also challenged the law under the Hancock mandate provisions.

But Leslie said he believes DNR has the authority to enforce the requirement, because the agency's able to impose fines and penalties for noncompliance of the regulations it makes.

"Any suggestion that there is no penalty is contrary to what we have been told," said Leslie.

Kathy Weinsaft, chief of the DNR solid waste planning unit, said her agency has the authority to force local governments to participate. State law has required cities and counties to submit solid waste plans since the 1970s.

"For cities that adopt district plans, they are participating," said Weinsaft. "If they don't join a district, they have 180 days to submit a plan to the department to comply on their own. If they don't do that, we can take further enforcement actions."

But Alicia Davenport, from DNR's solid waste enforcement division, said the 40 percent reduction is only a goal, "rather than a speed limit where, if exceeded and you get caught, you will be in trouble."

Weinsaft said she is pleased with the planning efforts under way in most of the state. She said there are financial benefits for those who cooperate.

"One of the problems of rural areas are economies of scale," Weinsaft said. "It makes no sense to have duplication of efforts when there is limited resources, especially in recycling. You need a collection of small communities to make recycling work. That is what regionalization is all about."

With regard to the Hancock Amendment, Weinsaft explained that each district received $90,000 in planning money and will also receive ongoing administrative funds from the sate.

"It is not a stick bill, it is really a carrot bill," said Weinsaft. "There are incentives for planning together, working together, and implementing together."

Regardless of whether the law includes a penalty provision, Talley said it makes good sense for local governments to comply, because landfill costs will continue to escalate.

"There may be no penalty, but it is more of an initiative communities are taking on their own," Talley said.

As the number of landfills dwindle and become regional sites, it will become imperative that cities like Cape Girardeau and Jackson reduce their trips to the landfills.