Trash Hauler Sues County, Says $70 Transfer Fee Unfair

A Silver Valley garbage hauler wants to make money by transporting trash to a Montana landfill, and is suing Shoshone County to make that happen.

Right now, the county transports solid waste from its transfer station to a Missoula landfill. It charges residents for the service, $70 annually for most households.

Waters Garbage owners see that as unfair competition. They asked the county to stop levying that fee for anyone who uses Waters’ service.

County commissioners refused.

“The fact remains that Shoshone County Solid Waste Disposal System is still available to all users (including your clients),” County Prosecutor John Cossel wrote to the firm’s attorney in September. “If they chose not to avail themselves of it, that’s their decision.”

Besides, Cossel added, there would be no way to ensure that Waters’ customers didn’t take trash to the county’s transfer station.

Waters’ attorney, Jack Rose, contends in court documents that the county is exceeding its authority to levy fees, and is violating the U.S. Constitution by interfering with interstate commerce.

He filed suit in 1st District Court on Dec. 26.

Waters Garbage is based in Osburn. An employee referred questions about the situation to Rose, who did not return a call seeking comment.

County Commissioner Jack Vergobbi said he couldn’t comment on the suit. Vergobbi took office this month, having defeated incumbent Gary Waters - a co-owner of Waters Garbage.

Other owners are Joyce, Pat and Mike Waters. They’ve been in business since 1970. They’ve already built a transfer station, according to the lawsuit.

Waters Garbage competes with another company, Arthur’s Refuse, to pick up trash from houses and businesses in various communities. The county offers no curb-side pick-up.

Many residents bring their trash to the county transfer station along Interstate 90, said solid waste manager Mike Biotti. The county’s own landfill closed in 1993.

, DataTimes