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METRO - Solid Waste Enforcement Unit by Janette Kaddo Marino Below is a letter and information received from a contact made with the Regulatory Affairs Administrator for METRO in Portland, Oregon at the Neighborhoods USA Conference in May. This is just one of many bits of information that was obtained and a resource contact made that could more readily assist the city or county in dealing with many of the continuing quality of life issues that we face in Troy and the surrounding Rensselaer County communities. Many of the problems that Troy faces are not new. Other communities have found very creative and successful avenues of dealing with these problems. We don't need to reinvent the wheel. Most of the communities that were present at the conference were very willing to share their "success stories" and offer up suggestions, information, policies and techniques. When it comes to solid waste management, I urge our city and our county to get creative and utilize the abundance of resources that can be found throughout the United States. What makes sense is to have an environmentally friendly regional solid waste facility and policy, a regional compost facility and possibly our own regional recycling facility. This would be a perfect collaborative effort for our city and county, along with surrounding towns and communities. Dear Ms. Kaddo Marino: At the May 22, Neighborhoods USA Conference you requested more information about Metro's illegal dumping enforcement program. I don't have a detailed description of the program but I have included a brief one-page summary and a copy of the ordinance we enforce. In addition, I will mention just a few key features of the program. Illegal dumping is usually handled by local governments in the same way as nuisances. That is to say the victim of the dumping is identified as the responsible party and charged with cleaning up the mess. In cases where the property owner is not known, identifying and notifying the property owner may take substantial time and resources, the owner may not respond to letters and, in the meanwhile, the site is continuing to attract further dumping. This is a compliance oriented approach. Metro's program is particularly effective because it is enforcement oriented rather than compliance oriented. Dumpsites on public land are cleaned up quickly and the dumpers cited if they can be identified. Dumpsites on private land will be cleaned up if the owners cannot be readily identified so that the properties do not continue to be eyesores for the community. When dumping occurs at a business or home, the Enforcement Unit does not perform a clean-up but it will take photographs, gather evidence, and do an investigation. Often the dumper is then given the choice of cleaning up the mess and providing a receipt for proper disposal, or receiving a citation. We may also cite those who hire someone to haul their garbage away if the garbage is found illegally dumped. Key elements of Metro's program are:
One important thing to note is that only a small proportion of the fines levied are actually paid, even though unpaid fines are eventually turned over to a collection agency. However, the experience of getting caught is enough to make most people stop dumping. Deterrence is the objective of the program and it is unrealistic to expect to fund such a program from the fines collected. I hope this information is of use to you. Steve Kraten, METRO's Solid Waste Enforcement Unit In 1991, regional solid waste tonnage flowing to Metro authorized facilities declined for the first time ever. It is believed that the decline was due, in large part, to avoidance of the use of the regional solid waste system on the part of some non-franchised haulers, commercial/industrial solid waste generators, and illegal dumpers. The decline in tonnage continued throughout 1992. It was estimated that the annual revenue loss to Metro as a result of Metro Code violations was in the neighborhood of $2 million. In order to enforce its user fee collection authority, Metro contracted for two deputies and a corrections officer to be assigned full time to solid waste enforcement. The deputies are housed at Metro headquarters, along with a Metro civil enforcement officer and an administrative secretary, they comprise the Solid Waste Enforcement Unit (SWEU). The Unit operates within the Environmental Management Department. The program's top priorities are investigation of activities that result in diversions of waste from the regional solid waste system, fraud against the region's rate payers and illegal practices which disrupt the fair and orderly operation of solid waste collection and disposal system. Of secondary priority are cases of illegal dumping. The program utilizes two vans and trailers specially designed for dumpsite cleanups. Corrections Officers drive the vans and supervise inmate crews as they clean up illegal dumpsites. The crews clean about 1,000 sites annually. As sites are cleaned up, photographs are taken and evidence is gathered. This evidence is then used by the Unit's investigators to identify the dumpers; Suspected dumpers are issued citations that range from $150 to $500 depending on the amount of material dumped, and the circumstances. Contested cases are adjudicated by a regional Hearings Officer. Hearings are held twice per month in the Metro Council Chambers. The SWEU coordinates both its clean-up and enforcement activities with the DEQ, local governments and other regulatory and law enforcement agencies. The SWEU exchanges information with local government code enforcement personnel on an ongoing basis and maintains a regional data base of solid waste violators. The SWEU assists local governments in investigations upon their request. In cooperation with Troy United Ink Corp., a not-for-profit corporation 
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