Can a Township Make You Use Their Trash Pickup Service?

Question

Hey all, sorry if this I a dumb question, but can a township force of to buy their trash pickup service instead of buying it elsewhere? I have a situation where a private company quoted me $29 per month for a duplex, and the township is charging all but $100! Do I have any recourse if they say I need to use their service?

Tim W. · Answer

That's a really interesting thought. I have never heard of third party trash collection outside of dumpster rentals or large pickups. That's being said, how on earth do they get away with that robbery. My trash bill for my house is $13/month here in TX with twice a week collection

Lori O'Malley · Answer

Our city purchased trash and recycling cans with taxpayer funds and is forcing everyone to lease them.  While I understand they can call trash service a utility and mandate a single service provider, I don't believe they can constitutionally force you to purchase or lease equipment.  The trash cans are NOT "provided" by the trash service.  If they call it a tax, the voters have to weigh in.  Can someone please give me some insight on this?

Tim W. · Answer

I love the fact you can chose your own company due to competition leading to better pricing. That being said, I guess I shouldn't complain about my pricing.

Lauren Andrews · Answer

Hey Tim- yes in Pennsylvania each township/boro is different. Some houses have the trash included in your taxes in which case you wouldn't be able to pick your trash company. Other areas you can pick your trash company.

Jeff B. · Answer

All governmental monopolies have the premise of "Economy of Scale" (sarcasm: who's economy?; certainly not mine).  The trash issue parallels that of CableTV - - mandated single server provider.

Just like I can't elect to not pay for  specific Federal mandated services on my 1040 because I object to them, I can't sidestep community "mandated single server providers either".

Tim Porsche · Answer

@Tim W. Exactly, I could understand if it was a little bit higher, $10-20 or so, but a $70 price difference?? I was like you've got to be kidding me. I'll send them a nice email and see if I can persuade them to only charge for one unit since I can say this is my primary residence, but I'm not expecting anything. Worth a shot though I guess, what do I have to lose right?

Steve Babiak · Answer

Well, if / when you don't pay the township for the trash bill, they will hire a law firm such as Portnoff Law (that is the firm that handles this sort of matter for many municipalities in PA) to collect, and the collection firm will have no conscience to restrain from enforcement via sheriff sale.

Here is a list of municipalities that have hired Portnoff; if yours is not there, they might have somebody else handling collections:

http://www.portnoffonline.com/_files/live/Client_L...

Tim Porsche · Answer

I don't suppose it would do any good to call them, and in a calm and charming manner (lol) ask to be billed at $49 for both units since we actually have less trash than our single unit neighbors? And also since I am owner occupying, if that makes any difference, probably not...

Russell Brazil · Answer

@Tim Porsche You nailed it on the head...the government forced people to buy health insurance, they can force you to receive municipal services.

Tim Porsche · Answer

Constitutionally the government shouldn't be allowed to force you to buy anything though I thought? That's what the big shabang was with the Obamacare individual mandate that went to the Supreme court...deciding if the government could mandate everyone buy something or not. Eventually I guess they labeled it as a tax though from what I understand.

Can a Township Make You Use Their Trash Pickup Service?

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