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Court rules C&D material not part of franchise.


A Nevada court has ruled that non-putrescible pu·tres·ci·ble (py-trs-b C&D debris does not fall under the definition of solid waste and is not part of a waste collector's exclusive franchise.

According to a legal bulletin from the Environmental Industry Association (EIA), Douglas County, Nevada, had a franchise agreement
Franchise agreement
Contract by which a domestic company (franchisor) licenses its trade name and/or business system and practices for a fee to an independent company (franchisee) in a foreign market.
 with Douglas Disposal Inc. (DDI) 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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