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Court rules C&D material not part of franchise.


A Nevada court has ruled that non-putrescible C&D debris does not fall under the definition of solid waste and is not part of a waste collector's exclusive franchise.

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 a legal bulletin from the Environmental Industry Association (EIA (Electronic Industries Alliance, Arlington, VA, www.eia.org) A membership organization founded in 1924 as the Radio Manufacturing Association. It sets standards for consumer products and electronic components. ), Douglas County, Nevada Douglas County is a county located in the northwestern part of the U.S. state of Nevada. As of 2000, the population was 41,259. But as of 2006 the population is 51,770 [1]. History
Douglas County holds the first permanent settlement in Nevada.
, had a franchise agreement with Douglas Disposal Inc. (DDI ddI and ddC: see AZT. ) that allowed for self-haul to a transfer station or landfill. Two other companies began hauling C&D in the franchise area, and DDI filed a suit against them, saying that Nevada law defines solid waste broadly to include non-putrescible refuse, including C&D material. The defendants argued that C&D debris is non-putrescible and does not pose a health and safety issue, placing it outside Douglas County's franchise powers.

The court ruled that the county exceeded its authority by including non-putrescible construction debris in the franchise agreement.
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Title Annotation:cases of Douglas Disposal Inc.
Publication:Recycling Today
Article Type:Brief Article
Geographic Code:1U8NV
Date:Jul 1, 2005
Words:139
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