A deal is a deal

Sunday, May 18, 2008 | 2:09 a.m.

Clark County commissioners will consider an agreement Tuesday that, on the surface, would block a proposed increase in the cost of garbage service.

But Las Vegas Sun reporter Tony Cook has pointed out that wording in Paragraph 74 of the agreement could weigh against Clark County if the company it contracts with to collect garbage, Republic Services, takes its push for higher rates to court.

Signers of the proposed agreement would include the county, Republic Services, the Environmental Protection Agency and the Bureau of Land Management.

Ideally, the legally binding agreement would end a dispute that for years has been wearing on the county and posing the possibility of higher garbage collection rates.

The dispute traces back to 1993, when Sunrise Landfill was closed but improperly sealed. Republic Services had used the landfill, which was leased by Clark County from its owner, the BLM.

In 1998 the landfill’s seal broke during a storm, releasing tons of waste that threatened Las Vegas’ water. The EPA stepped in to ensure proper landfill repairs. Republic Services offered to do the repairs if Clark County would give it a lucrative 15-year extension on its contract. The deal was struck, but the EPA proved tough to satisfy and expenses on the repairs soared well above the original estimate.

Because of that, Republic Services has been seeking a rate increase. Clark County, rightfully, has been balking, saying a deal is a deal.

The proposed agreement stipulates that Republic Services “shall fund and perform all the work ... subject to Paragraph 74.” This paragraph says the obligations specified in the agreement cannot be admitted as evidence if the dispute goes to court.

Republic Services President Bob Coyle downplays this paragraph. He told the Sun that it is “something the lawyers put in there” and added that he is not aware of any lingering dispute.

If that is the case, Coyle should not object if the commissioners strike Paragraph 74 before signing the agreement, something we strongly believe they should do.