St. Louis County’s trash-collection program is not subject to state control, according to County Counselor Pat Redington.

Three trash-collection companies last week filed a lawsuit against St. Louis County contending state law requires the county to issue a two-year notice to waste haulers before establishing trash districts in unincorporated areas and awarding contracts for trash pickup. But Redington told the Call Friday that the notification requirement does not apply to St. Louis County because it is a charter county.

“We don’t see collection of trash in St. Louis County as a matter of statewide concern. So the county’s position is that the Constitution says local matters are up to the County Council. And so our ordinances are valid and we want to go forward with this new and better trash-collection service,” Redington said.

Filing suit against the county May 29 were American Eagle Waste Industries, Meridian Waste Services and Waste Management of Missouri.

“The companies filed the lawsuit against the county to protect our rights and the rights of our customers to choose their service provider,” said Lisa Disbrow, a spokeswoman for Waste Management of Missouri.

The county has established eight trash districts in unincorporated areas and the County Council plans to award one bid to a trash hauler per district. County officials contend that having one hauler per district would result in a more uniform brand of service and lower prices. But some waste haulers and residents, mostly in south county, have criticized the move because county officials also have stated that districts likely would force some small haulers out of business due to a lack of competition.

In their suit, the trash haulers cite the notification statute, which states, “Any city or political subdivision which annexes an area or enters into or expands solid-waste collection services into an area where the collection of solid waste is presently being provided by one or more private entities, for commercial or residential services, shall notify the private entity or entities of its intent to provide solid-waste collection services in the area by certified mail.”

Trash-collection services cannot begin until at least two years after the date of notification, according to the statute.

“The county has not notified by certified mail, either two years in advance or otherwise, those private entities who were collecting waste in the ‘trash-hauling districts’ of its intent to otherwise provide such services,” the lawsuit states.

The suit notes that the county already has awarded a contract in its 3rd trash district in north-central county to Veolia Environ-mental Services at $11.60 per month for basic service, effective July 1.

“Upon information and belief, the contract with Veolia is not a continuation of solid-waste collection services, but rather represents commencement of an expansion of waste collection services by the county into the unincorporated areas of St. Louis County beginning July 1, 2008,” the lawsuit states.

The suit further contends that because the county has not notified the trash haulers of its intent to provide solid-waste collection in the trash districts, “the two-year notice requirement has not yet begun” and all actions by the county “to entertain and/or award bids for waste-collection services beginning prior to the expiration of the two-year notice in the ‘trash-hauling districts’ are void …”

The suit alleges that the county’s failure to follow the notification statute “deprived the private entities currently providing such service the required two years to phase out whatever services they are providing in unincorporated St. Louis County and prepare for any waste collection in the ‘trash-hauling districts.”’

Regarding the notification statute, Redington said, “Well, as I said, we don’t see collection of trash in St. Louis County as subject to state control. It’s not a matter of statewide concern. So in local matters, the Constitution says it’s not for Jeff City to decide, it’s for St. Louis County to decide.”

In their lawsuit, the three trash haulers sought a preliminary writ of mandamus to halt the county’s program, but the request was denied May 29 by Circuit Court Judge James R. Hartenbach.

“… The petitioners tried to get preliminary relief and have the court stop us from going forward with the program. That was denied. Now we’ll go forward and get a final resolution,” Redington said.

Disbrow said, “Judge Hartenbach’s ruling Thursday (May 29) was preliminary and was not a judgment on the merits of our case. We expect a decision. We expect the legal issues to be resolved before July 1 and the county itself agreed that the issue should be heard in court before the county’s scheduled July 1 implementation.”

While Veolia Environmental Services is scheduled to begin service in the 3rd trash district July 1, service in the remaining districts is set to begin Oct. 1.

On Tuesday night — after the Call went to press — the County Council was scheduled to award contracts in the 1st, 5th and 7th trash districts.

IESI is the projected low bidder in the 1st trash district, which will serve more than 12,000 homes north of Interstate 270 near Florissant. Its bid for the county’s new minimum basic standards of weekly pickup of trash and recyclables and twice-per-year bulk-waste pickup is $12.09 for the first year and $13.14 in the third year.

Allied Waste is the projected low bidder in the 5th trash district, which will serve more than 12,000 homes in unincorporated areas near Affton. Its monthly charge for those same services would be $12.29 in the first year and $13.29 in the third year.

Veolia is the projected low bidder in the 7th trash district, which will serve more than 8,000 homes in the Concord area. Its monthly charge for basic services would be $12.40 in the first year and $13.28 in the third year.

Bids for the remaining districts were opened last week with the apparent low bidders as follows:

• IESI is the projected low bidder for the second district, which will serve more than 10,000 households in the county’s northeastern corner east of Highway 367. Its monthly charge is $12.03 for the first year and $13.07 the third year.

• Veolia is the projected low bidder for the fourth district, which will serve more than 8,100 households in four separate portions of southwest county along the Meramec River. Its monthly charge is $12.25 for the first year and $13.25 the third year.

• Aspen is the projected low bidder for the sixth district, which will service more than 9,400 households in the Lemay area. Its monthly charge is $11.31 for the first year and $12.11 the third year.

• Aspen is the projected low bidder for the eighth district, which will serve more than 5,500 households in the Oakville area. Its monthly charge is $11.31 for the first year and $12.11 the third year.