Appeals Court Upholds South Carolina County Flow Control Law

Allan Gerlat, News Editor

December 5, 2013

1 Min Read
Appeals Court Upholds South Carolina County Flow Control Law

A federal appeals court has upheld the flow control law in Horry County, S.C.

The United States Court of Appeals for the Fourth Circuit ruled that the county’s law treats all businesses equally, so it doesn’t violate interstate commerce or the equal protection clause of the U.S. Constitution, according to the judgment.

The court upheld a January ruling by the U.S. District Court for the District of South Carolina that rejected claims by Sandlands C&D LLC and its sister company Express Disposal Service LLC to overturn the ordinance, which directs all waste collected inside the county to the county landfill in Conway, S.C.

The appeals court stated, “Under the ordinance, EDS can still haul Horry County waste to the SWA (solid waste authority) landfills, as do other local hauling companies. Therefore, the flow control ordinance does not discriminate against interstate commerce.”

This summer the Silver Spring, Md.-based Solid Waste Association of North America (SWANA) filed a brief with the court supporting Horry County’s law. For the second year in a row the South Carolina legislature considered a bill outlawing flow control but did not pass one.

About the Author(s)

Allan Gerlat

News Editor, Waste360

Allan Gerlat joined the Waste360 staff in September 2011 as news editor. He was the editor of Waste & Recycling News for the first 16 years of its history, and under his guidance the publication won 27 national and regional awards.

Before Waste & Recycling News, Allan worked at another Crain Communications publication, Rubber & Plastics News, which covers rubber product manufacturing. He began with the publication as associate editor and eventually became managing editor, a position he held for nine years.

Allan is a graduate of Ohio University, where he earned a BS in journalism. He is based in Sagamore Hills, in northeast Ohio.

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