expectancy was fifteen or eighteen years and whether there were other steps which could be taken by the Authority to lengthen the Landfill's life. With respect to the fifteen years or eighteen year conflict I do not believe that this is a material dispute. Second, in support of their contention that other steps could be taken to lengthen the life of the Landfill, plaintiffs cite a report dated May 31, 1985 from the Chester Authority in which the engineers noted that in addition to other steps, the Authority could extend the Landfill life by applying for a permit to use additional property within the existing property. The engineers also noted, however, that the Authority was taking steps to restrict the use of the Landfill and would continue to do so when two long-term contracts expire. The fact that the Authority could apply for the permit or had decided not to renew to long-term contracts in 1987 is immaterial to the present action.
Plaintiffs further argue that the 400 tons per day which they were dumping was insignificant given the total picture and therefore their dumping would have little bearing on the life expectancy of the Landfill. Again, I do not believe it is appropriate for me or for the plaintiffs to second guess decisions made by defendants so long as they are rationally related to the stated interest which I believe they are. Similarly, I do not believe it appropriate for me or plaintiffs to question the imposition of minimum weekly tonnage requirements. As defendants note, the minimum tonnage requirements are merely a tool by which the Landfill controls the flow of trash into the facility; it has no bearing on the total amount of trash received and is immaterial to the issue presently before me.
Because I do not find that plaintiffs have established the existence of any genuine issue of material fact, judgment may be entered in favor of defendants if the classification they have created is rationally related to the interest in the proper disposal of in-county trash. In Hughes v. Alexandria Scrap Corp., 426 U.S. 794, 49 L. Ed. 2d 220, 96 S. Ct. 2488 (1976), the Court held that a distinction between in-state and out-of-state scrap processors did not violate the equal protection clause because the distinction bore a rational relationship to the state interest in using its limited funds to clean up its environment. Similarly, the distinction between in-county and out-of-county trash drawn by the Authority bears a rational relationship to the statutory obligation imposed on the county to provide for adequate and safe disposition of solid waste generated within Chester County. It is reasonable for defendants to assume that closing the Landfill to out-of-county trash will enable the county to lengthen the life of the Landfill to serve the interest of the county residents and will enable the Authority to protect the environment and prevent health and safety hazards. Accordingly, I conclude that the Chester County defendants are entitled to judgment as a matter of law as to plaintiffs' equal protection claim and I will therefore grant their motions for summary judgment.
An appropriate order follows.
NOW, December 9, 1985, upon consideration of the motions for summary judgment of defendants J. Erik Schaeffer, Chester County Solid Waste Authority, and Chester County, plaintiffs' response, the memoranda of law submitted by the parties, and for the reasons stated in the accompanying memorandum, IT IS ORDERED that defendants' motions are GRANTED. Judgment is entered in favor of J. Erik Schaeffer, Chester County Solid Waste Authority, and Chester County and against plaintiffs.
Before HUYETT, J.
AND NOW, this 9th day of December, 1985, in accordance with the order dated December 9, 1985,
IT IS ORDERED that judgment be and the same is hereby entered in favor of J. Erik Schaeffer, Chester County Solid Waste Authority, and Chester County and against the plaintiffs.