Trash Hauler Takes Kootenai County To Court Garbage Ordinance Called An Illegal Tax

An area garbage hauler has asked a judge to intervene in its dispute with Kootenai County officials over how it collects landfill fees.

A complaint filed in 1st District Court asks a judge to decide what responsibility, if any, Coeur d’Alene Garbage Service has to report irregular, unscheduled collections to the county.

The document also alleges that the county’s garbage collection ordinance is an “invalid and illegal” revenue tax and violates the federal commerce clause.

County officials maintain the ordinance requires garbage haulers to report all trash collection. They hired a private accounting firm that estimated the landfill fees shortfall incurred by the discrepancy at as much as $200,000.

Stuck in the middle are some garbage customers who could be hit with thousands of dollars in back bills.

At issue is what Coeur d’Alene Garbage refers to as “special pickups, unscheduled collections or other irregular service.”

County law requires garbage haulers to bill businesses for picking up their trash and report the transaction to the county.

The county then bills businesses for the cost of dumping that trash in the landfill.

Coeur d’Alene Garbage has not reported its irregular, unscheduled collections in recent years. Company officials interpreted a 1990 amendment to the county ordinance changing how collection fees were figured to mean that irregular service did not have to be reported.

“They felt that they have been interpreting the ordinance correctly to read that they only had to report regular service,” county administrator Tom Taggart said Monday.

Steve Wulf, county solid waste director, said three companies contract with the county to collect trash. The other two - Waste Management of Idaho and Rural Sanitation - both have reported all trash collections.

“It doesn’t appear the other garbage companies have had a problem with their interpretation,” Wulf said.

Coeur d’Alene Garbage owner Hal Damiano blames the reporting gap on unclear county law. Monday, Damiano said only that he and the county were “unable to negotiate or come to any agreement which might have precluded coming to court.”

The company claims in its complaint filed last Thursday that the county ordinance is invalid because it creates a revenue tax instead of a user fee. The law also discriminates against interstate commerce by charging for out-of-state disposal, a violation of the federal commerce clause, the complaint alleges.

“If that’s true, we clarify our ordinance and go on,” Taggart said. “If we’re right, we go back to (Damiano). We do have the ability to subpoena his records.”

The county has not decided how it would recoup the money. Commissioners have requested an audit to determine how much supposedly is owed, which Damiano has denied.

, DataTimes MEMO: This sidebar appeared with the story: DISPUTE At issue is what Coeur d’Alene Garbage refers to as “special pickups, unscheduled collections or other irregular service.” Coeur d’Alene Garbage Service has asked a judge to intervene.