Cleanup, Yes!
But not as the result of new taxes and regulations

Despite the fact that no “bottle bills” requiring mandatory container deposits (taxes) have passed any of the 50 state legislatures since 1983, and despite the fact that fewer than a dozen of the 50 states have “bottle bill” mandates, nearly every session of the Kentucky Legislature belches forth at least one “Bottle Bill” proposal. Litter is a major problem in Kentucky but additional legislation is not the answer.

The recent proposal from the 2001 General Assembly (the first annual session authorized by constitutional amendment) would have raised $35 million in new taxes. Little wonder Kentucky voters are always suspicious of Bottle Bill legislation. Little wonder, at all, since containers comprise less than three percent of the total solid waste mix. Little wonder, indeed, since Kentucky already recycles at a rate of 32 percent without mandatory bottle deposits and Iowa recycles only 34 percent with a mandatory bottle deposit law.

A far better approach to roadside litter is an enlightened public and aggressive enforcement of existing litter laws and strict penalties. In Kentucky, few citations are issued for criminal littering and convictions are fewer still. A New Orleans newspaper, as a public service, used an approach worth a try in Kentucky.

This newspaper published on its front page the number of litter citations issued each day. Publishing this information prominently keeps the issue alive and provides an incentive for enforcement agencies to place a priority on citing litter violators.

Serious proposals for proper solid waste disposal were introduced but not enacted in this year’s legislative session. Competing proposals came from the Democrat governor and the Republican State Senate. The governor’s proposal ran into trouble because it authorized property tax increases to provide mandatory, universal, door-to-door waste collection. This would be an expensive enterprise, especially in sparsely populated rural counties.

The counties’ only other option was to clean up all illegal dumps at local expense. This was an impossible choice since counties lacked the money and most illegal dumps in Kentucky are located on highway rights-of-way or public park or forest property, which are rightfully state responsibilities anyway.
The Senate Republican proposal focused on incentives for increased litter enforcement with stricter penalties, along with some state funding (without new taxes) for illegal dump cleanup. It did not require mandatory, universal, door-to-door waste collection since the Cabinet for Natural Resources and Environmental Protection testified that 80 percent of Kentucky’s population already has its waste collected. The Cabinet also said that 85 percent participation would be considered a success.

Therefore, the Senate plan allowed collection options to local jurisdictions. This plan was endorsed by the Kentucky League of Cities, Kentucky Farm Bureau, Kentucky Chamber of Commerce, Kentucky Association of Counties and other grassroots organizations. Environmentalists and waste coordinators participated in crafting the plan only to see it die for the lack of three votes.

Kentucky has effective laws against littering and illegal dumping. Additional layers of laws, taxes and bureaucrats will be no more effective than current statutes. What is necessary is the will: the will of the people to expect an end to littering and illegal dumping, and the political will of officials to vigorously enforce current laws and prosecute without exception.

Pat Freibert is a former Kentucky state representative from Lexington.
editorial@lanereport.com

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