Gwinnett discusses settlement with waste haulers

By Patrick Fox

The Atlanta Journal-Constitution

Negotiations ended Tuesday evening with no announcement of a settlement in a lawsuit private solid waste haulers filed against Gwinnett County concerning its snakebit plan last year to consolidate trash service.

County commissioners and staff met all day Tuesday for private discussions about the suit, including a brief meeting with attorneys and officials from the private solid waste haulers who are seeking damages related to the county's solid waste plan.

Serving as mediator for Tuesday's session with the waste haulers, Cobb County Superior Court Senior Judge Conley Ingram told the group of more than 40 people that he hoped for a settlement.

"I'm looking for a global, universal settlement that will conclude all litigation and put things to bed," Ingram said.

The legal battle began in December when two small haulers, Southern Sanitation and Sanitation Solutions, sued the county after it began to implement a plan to divide garbage service to unincorporated areas between two larger haulers and have the program administered by Gwinnett Clean and Beautiful. Later that month, Gwinnett Superior Court Judge Michael Clark enjoined the county from implementing the plan, ruling it had unlawfully awarded governmental power to the private, nonprofit agency.

Earlier this year, the two large haulers who had been awarded exclusive franchises, Waste Pro and Advanced Disposal, filed suit seeking $40 million in damages. Both are seeking reparations for expenses they incurred while setting up to service some 180,000 customers in unincorporated Gwinnett.

Ingram said the haulers had agreed on a proposal at the first mediation session Aug. 11. He said it will be up to the county now to consider that offer, then either accept it or hammer out another proposal suitable to all sides.