The revised flow control ordinance received its second airing at the Town of North Hempstead board meeting on June 17. As of now, the town board plans to vote on the reinstatement of flow control at its July 8 meeting.

What is flow control? It is a law that allows a municipality to mandate that all garbage collected within its jurisdiction go through its transfer station. Back in 1994, the flow control ordinance was deemed unconstitutional by the U.S. Supreme Court because it infringed on interstate commerce. But for North Hempstead and other municipalities that had bonded millions of dollars to build a solid waste infrastructure assuming that flow control revenues would be coming in to pay off the debt, it created a lot of budget troubles. However, in 2007 the Supreme Court reversed the 1994 ruling.

Under the law, which would become effective when the town's current contract with Winters Brothers expires on April 30, 2010, all residential and commercial solid waste collected in the town would be required to be brought to the town-owned and operated transfer station in Port Washington. Carters from all villages and the four garbage districts in the town would be charged a yet-to-be-determined, per-ton tipping fee.

Currently, the Villages of Old Westbury and New Hyde Park do not use the Port Washington transfer station. Additionally, some businesses work out their own garbage collection contracts, which may be using other transfer stations.

While the town is not required to reinstitute the flow control ordinance, it looks as if it will be choosing to do so. Town Supervisor Jon Kaiman says it will generate revenues that will be used to offset the cost of operating the transfer station. But most importantly, the ordinance will give the town greater disposal oversight and the ability to prevent problems like the illegal dumping of solid waste and recyclables. Additionally, it will enhance the comprehensive recycling program the town has put in place, he said.

The projected amount of additional refuse will be approximately 100,000 tons, said Collin Nash, a spokesperson for the town. However, there is no need to expand the existing transfer station because it was originally constructed to handle all town-generated garbage. Councilman Fred Pollack commented that the amount of additional waste will be "insignificant."

However, in a release from the chairman of for the town's Republican Committee Frank Moroney wrote that bringing all of the town's garbage to the transfer station in Port would create "both a traffic and environmental nightmare."

Moroney also fears that the contractual increase of $88.63 per ton from $85.30 per ton effective next month, coupled with no competition from other transfer stations to lower tipping fees, will create "an untenable economic stress on the residents of the town caused by the increase in garbage tax that will ensue."

But Councilman Pollack feels that as it stands now, some taxpayers are footing the entire bill for the major debt incurred by the town from the capping of the landfill, even though the whole town contributed to the problems at the landfill. Referring to those who are currently paying tipping fees elsewhere, he says, "They're not paying for it (the debt). The tipping fees go into the North Hempstead Solid Waste Authority." He noted, the law, if enacted, would be more "effective and fairer."

Responding to Mr. Moroney's remarks, the councilman said, "Mr. Moroney is a Republican party leader, who is desperately seeking to find issues where they don't exist."

It's expected that the town board will vote on the reinstatement of flow control at its July 8 meeting. The law, however, would not take effect until 2010.