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Uxbridge Board debates enforcement strategy and legal costs in long-running dispute with waste hauler
Summary
Board members reviewed repeated noncompliance by a waste hauler (Marchand), discussed mounting legal fees and the limits of enforcement, and agreed to meet with town counsel to seek a more effective approach; some members urged regulatory changes to avoid recurring disputes.
Board members spent significant time on an ongoing enforcement issue involving a local waste hauler identified in the meeting as Marchand. Staff reported the hauler has failed to provide required disposal slips and is operating at least one truck not listed on its permit. Health Department staff said counsel can draft a letter outlining violations and request information; that letter was prepared for the board's consideration.
Several board members described repeated court actions and high legal costs with limited results. One board member said the town had "spent thousands of dollars" and questioned the value of continued litigation over a $150 permit fee, arguing the enforcement effort had become a money pit. Other members said enforcement preserves public-health protections and a level playing field for compliant haulers.
The board did not decide on new enforcement action at the meeting but agreed to schedule a meeting with town counsel and any interested board members to try to define a clearer, more effective legal strategy. One member recommended reviewing regulations and forms to reduce the paperwork gaps that court reviews have treated as technical issues.
Staff recommended drafting the letter from KP Law to the hauler and his attorney as a next step and the board asked staff to arrange a meeting with town counsel to identify options for more effective enforcement and possible regulatory changes.
