Federal Judge: Escambia Flow Control Ordinance Constitutional

June 5, 2013

A federal court judge has ruled an Escambia County ordinance dealing with the control of solid waste is constitutional.

On June 3, United States Federal Judge Richard Smoak dismissed a lawsuit filed by West Florida Recycling against Escambia County regarding its flow control and disposal ordinances.  Judge Smoak found the Escambia County ordinance did not violate the Constitution and declined to hear all state law claims.

“This decision validates Escambia County’s authority to use flow control in providing solid waste management programs that best protect the public’s health and well-being,” said Patrick Johnson, Escambia County Solid Waste director. “The administration of municipal solid waste while remaining environmentally-protective and cost-efficient is not an easy task. It requires committed resources from local government and we are appreciative of the Federal Court’s recognition of our efforts in this area.”

In a prepared statement, Escambia County said the Federal Court decision upholds the role of local government in facilitating development of environmentally- and economically-sound waste management alternatives, including projects such as the joint Waste to Energy (WTE) program between Escambia County and Gulf Power.

The Escambia County and Gulf Power landfill methane gas conversion program generates $800,000 per year in revenue for the County and has saved Gulf Power customers more than $1.7 million since 2010.

The county said flow control is critical to maintaining a solid waste stream capable of supporting a program of this capacity.

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Written by William Reynolds · Filed Under News