Complying with recycling order will increase sanitation fee, Parkersburg officials say
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PARKERSBURG - Complying with a judge's ruling that Parkersburg's new subscription-based recycling program does not meet the requirements of state law will increase the sanitation fee for residents, city officials said Wednesday.
"It's going to require an increase on the standard sanitation fee that all residents pay," City Attorney Blaine Myers said during a joint meeting of Parkersburg City Council's Finance and Public Works committees. "We may not be happy about it, but that's what the court ordered."
Wood County Circuit Court Judge J.D. Beane ruled last week that the program - in which residents pay an additional $3 a month to have their recycling picked up by Rumpke of Ohio - did not satisfy state code requiring cities with populations of more than 10,000 to implement a curbside recycling program.
Myers said the ruling cited three areas in which the city's ordinance is out of compliance with state law. The first two - making recycling mandatory for all residents and requiring it of non-residential customers - can be addressed with amendments to the code.
The city could appeal the third issue - whether it has the authority to charge an additional fee for residents who choose to recycle - but Myers recommended against it.
"I just don't think it's a fight worth fighting," he said.
To appeal the decision to the state's Intermediate Court of Appeals and possibly the state Supreme Court would draw the process out until the end of 2027 and cost the city additional money for special counsel to handle the case, Myers said. And if they pursued it, he estimated a "50-50 chance" of prevailing.
Earlier this year, council approved a $21-a-month sanitation fee, which includes a $1.50 recycling surcharge for all residents, whether they pay the additional $3 or not. Beane ruled that does not satisfy state code because it creates a system of voluntary participation.
City resident and attorney Walt Auvil sued the city over its suspension of recycling service last year, which officials said was the result of staffing issues. In March, Auvil filed a motion seeking a declaratory judgment that the city must reinstate curbside recycling without charging a subscription fee.
The $1.50 surcharge for all customers and additional $3 for those who recycle were designed to cover the charge of $15.25 per month per recycling container, based on an estimated 1,330 participating customers. To remove the voluntary aspect, the sanitation fee would have to spread the monthly cost per container among all customers.
If the number of participating customers increases significantly, the fee would have to as well, Myers said.
"So it just boils down to if more people recycle, our price goes up?" Councilman Rob Moore said.
Councilwoman Sharon Kuhl said she would have thought more people recycling meant more money for the company collecting it. But Myers said Rumpke would have to utilize more resources to collect additional materials. Council President Andrew Borkowski noted haulers have to pay per ton when they turn in the recycling they've collected.
Mayor Tom Joyce said the total cost "could literally change from month to month" and council might have to alter the fee every two to three months. In addition to charging enough to cover its costs, Joyce said the city cannot charge too much or it would be in violation of state code for collecting more than 110% of the cost of the service.
No specific amount was decided for the increase Wednesday.
Councilman Zak Huffman said it seems logical that more people will recycle if they have to pay for it anyway. While that would mean more expense for Rumpke, he said, they would also receive additional money.
"I think if they're going to get more accounts, then we should get a cheaper rate," Huffman said.
Finance Director Eric Jiles said the city is in a valid, multi-year contract with Rumpke, which the ruling did not invalidate. Changing the price would likely require breaking the contract.
"We can ask, but we can't break the contract," Kuhl said.
Huffman noted that Rumpke submitted a proposal last year under which it would have charged the city $19.76 per residential unit to provide trash and recycling pickup. City officials ultimately elected to approve a contract with Waste Management for trash pickup only - which has been delayed because of ongoing legal action and a referendum effort - then sought a proposal for subscription-based recycling, for which Rumpke submitted the only bid.
"Anything we charge over what Rumpke offered to do (both) is a failure on our part," Huffman said after the meeting.
Councilman Roger Brown said he thought the city should appeal the ruling, noting there are aspects of the state recycling law that no cities follow and accepting the ruling will increase the price for residents, whether they recycle or not.
"I think we ought to challenge it in the courts," he said.
Kuhl said that as a resident she would like the ruling to be appealed, at least to the intermediate appellate court.
"I think we need to fight for our residents, that this right here is not going to work," she said.
No action was taken at the meeting. Myers said he would work to draw up legislation for council to consider at its Aug. 25 meeting.
Kuhl asked if there was a deadline to make the changes.
"We're not under any penalty, compulsion, time frame, anything like that," Myers said.
Borkowski said the subscription-based program was seen as a way to provide and pay for the service in a fair and equitable manner, so that people who did not recycle did not pay as much.
"Did we realize that a citizen of Parkersburg, plaintiff Walt Auvil, was going to sue because they didn't believe it was fair and equitable?" he said.
Auvil, who was not at the meeting, said Wednesday evening when asked about Borkowski's remark that he tried to speak to the city about the recycling issues and warned them the contract with Rumpke did not satisfy the law.
"They just went ahead and did it anyway," he said. Now that the judge ruled against them, "they're mad about it. Well how many times were you given the opportunity to do the right thing?"
Evan Bevins can be reached at ebevins@newsandsentinel.com.