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06-14-1989 Additions
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Resolution <br />Board of <br />ieamsery. Goan & Commissioners <br />Presented By Commissioner McCarty Date May 23, <br />Attention: Budget & Accounting <br />Rob Fulton, Director, Public Health <br />Harry McPeak, Assistant County Attorney <br />Tom Foley, County Attorney <br />1989 No. 89 -416 <br />Page 3 of 6 <br />6) County staff's best estimate of the amount saved by the <br />Licensee as a result of this practice from July 13, 1987, <br />through April, 1989, is $245,361.80. <br />7) This "avoided cost" gave this Licensee a significant and <br />prejudicial competitive advantage over other licensed waste <br />haulers who were in compliance with the Designation <br />requirement. <br />8) The Licensee's primary operational concern is profitability. <br />9) The Licensee chose to recycle materials only when it was <br />profitable to do so. He testified that during the mid- 1980's <br />the secondary markets for resource recovery materials were <br />very poor. <br />10) As of December 13, 1984, the physical realities of Licensee's <br />facility precluded effective resource recovery in the manner <br />claimed by the Licensee, in that: the lighting was inadequate; <br />the buildings were uncovered; and the ramps upon which trucks <br />would have driven were constructed of rotting wood. <br />11) This record, taken as a whole, unmistakably demonstrates that <br />Licensee's claim of exemption from Designation is made in bad <br />faith and for the sole purpose of acquiring a competitive <br />advantage over haulers who complied with the' law. <br />12) The Licensee's disregard of the requirements of the <br />Designation Ordinance has been flagrant, open, and notorious. <br />13) In order to meet an objective of Designation enforcement it is <br />necessary to establish a "level playing field" for all <br />commercial waste haulers. Thus, this Licensee should be <br />deprived of any ill- gotten advantage gained as a result of its <br />bad faith claim of exemption. <br />14) It is necessary to deter groundless and unfounded challenges <br />to Designation from being made solely for competitive and <br />economic advantage. <br />Hal Norgard, Chairman <br />By <br />Page 20 <br />(Continued) <br />CkL4 CPenh - County Boand <br />
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