Caledonia Argus

County waste disposal contract facing liability, ownership questions

Posted: 11/4/03

By Shannon McKinney
Argus News Reporter

Houston County doesnít want to be liable for another countyís waste.

That is one of the sticking points of an amendment that is being drawn up for the 15 year extension for waste disposal between Houston and La Crosse county.

Houston County is seeking to resolve some liability issues associated with the renovation of La Crosse Countyís old landfill. In the original agreement between the two counties that ends in 2008, Houston County is not liable for the material in the old landfill, but is liable for material they dumped in the new landfill and in the incinerator according to their percentage of use.

However, Houston County doesnít feel it should be liable for the old material that La Crosse is taking out of its old landfill and putting into its new landfill. ìWe donít know whatís in there,î said Houston County Zoning and Solid and Waster Officer Rick Frank of the material in the old landfill.

Another issue county commissioners are grappling with is drawing the lines on ownership issues with La Crosse Countyís waste disposal.

Commissioner Kevin Kelleher noted in the county board meeting of Tuesday, October 21, that the countyís role as part-owner or just customer need to be clarified.

ìThatís the million dollar question,î said Frank.

When it comes to having a vote or decision on where the money goes, Houston County is treated like a customer. They can attend the waste disposal meetings, but have no voting power.

Yet, says Frank, when it comes to paying for decisions La Crosse County makes, they are treated as the owner by being responsible for it. For example, La Crosse County is passing on the cost of the new incinerator on French Island down to its counties who use it.

Houston County is using the services of attorney Dick Nowlin to draft an amended contract with La Crosse County to address these issues, said Frank.

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