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/Type /Page 29 0 obj The differences in size, type, and volumes of roll-off waste and the equipment used to collect it distinguish roll-off waste collection from all other waste collection services. 3. judgment, and preliminary and permanent injunctive relief and damages. /Rotate 0 /Type /Page 81 0 obj The Macon, GA area is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the ClaytonAct. Plaintiff LEAGUE OF WOMEN VOTERS OF FLORIDA ("LWVF" or the "League") is the Florida affiliate of the League of Women Voters of the United States. /Resources 129 0 R This is an action for injunctive relief. << /Rotate 0 20 0 obj /Type /Page These differences mean that roll-off waste collection firms can profitably increase their charges for roll-off waste collection services without losing significant sales or revenues to firms engaged in the provision of other types of waste collection services. /CropBox [0 0 612 792] << /Type /Page /Rotate 0 Therefore, its important to not consider it a tool for righting a wrong. /CropBox [0 0 612 792] This is a civil action brought by the United States of America to enjoin defendant . Allied and Republic directly compete in small container commercial waste collection service in a number of markets nationwide, including the areas of: Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA. endobj endobj Transactions that increase the HHI by more than 100 points in highly concentrated markets presumptively raise antitrust concerns under the Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. /Contents [258 0 R 259 0 R 260 0 R] SOUTHERN DISTRICT OF FLORIDA . "HHI" means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. This document is available in two formats: this web page (for browsing content) and. /Annots [] Unless the twelve acquisitions are enjoined, consumers of waste collection and disposal services will likely pay higher prices and receive fewer services as a consequence of the elimination of the vigorous competition between defendants Allied and Republic. /CropBox [0 0 612 792] endobj /CropBox [0 0 612 792] 9. Judgment for Permanent Injunctive Relief against MJ Taxes on October 1, 2021. endobj /CropBox [0 0 612 792] /Type /Page 18. /Type /Page << /Parent 10 0 R 86 0 obj endobj _______/s/____________________ Donna E. Patterson Deputy Assistant Attorney General, _________/s/__________________ Constance K. Robinson Director of Operations and Merger Enforcement, ________/s/___________________ J. Robert Kramer II Chief, Litigation II Section, _________/s/__________________ Willie L. Hudgins Assistant Chief, Litigation II Section, ___________/s/________________ Arthur A. Feiveson IL Bar # 3125793, __________/s/_________________ Michael K. Hammaker DC Bar # 233684, __________/s/_________________ Chinita M. Sinkler MD Bar, U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 (202) 307-0924. Complaint for Injunctive Relief . The roll-off container, when filled, is picked up by roll-off trucks, which are uniquely well suited for roll-off waste collection, and driven to a nearby disposal site, where the container's contents are disposed. The acquisition would reduce from three to two the number of significant firms that compete in the collection of small container commercial waste in the Burlington and Camden Counties, NJ area. /Parent 4 0 R ( MSW generated by residential customers, on the other hand, is often collected by either local governments or by private haulers pursuant to contracts bid by, or franchises granted by, municipal authorities. In 1998, for example, these three transfer stations disposed of over 85 percent of the MSW generated in the Anderson, IN area. Filing fees are due at the time a party files a pleading to initiate a proceeding or files a pleading for relief. 55. MSW does not include special handling waste (e.g., waste from manufacturing processes, regulated medical waste, sewage, and sludge), hazardous waste, or waste generated by construction or demolition sites. /Parent 11 0 R >> /CropBox [0 0 612 792] endobj /Rotate 0 Anyone who fails to dispose of MSW in an approved facility can be subject to severe civil and criminal penalties. /Contents [130 0 R 131 0 R 132 0 R] /CropBox [0 0 612 792] /Type /Page /Type /Page /Annots [] << /MediaBox [0 0 612 792] <>
/CropBox [0 0 612 792] 45 0 obj >> /Annots [] Security Personnel as Independent Contractors Part Ii: What Liability Is Incurred to the Company From Accidents Involving Independent Contractors? /MediaBox [0 0 612 792] /MediaBox [0 0 612 792] /Annots [] /Annots [] /Creator (PScript5.dll Version 5.2.2) endobj /MediaBox [0 0 612 792] endobj 67 0 obj /Annots [] /MediaBox [0 0 612 792] /Type /Page The significant share of the roll-off collection market which Republic would have, its control of the primary disposal sites in the area, and its frequent use of long-term, automatically renewing contracts with roll-off collection customers, would make entry into the Macon, GA roll-off waste collection market difficult, and unlikely to prevent market incumbents from significantly raising prices for the collection of roll-off waste following the acquisition. /CropBox [0 0 612 792] /Contents [214 0 R 215 0 R 216 0 R] /Rotate 0 However, temporary injunctive relief may be granted without the posting of a bond in the following situations: 1) injunctions entered "on the pleading of a municipality or the state or any officer, agency, or political subdivision thereof"; or 2) injunctions "issued solely to prevent physical injury or abuse of a natural person." /Contents [126 0 R 127 0 R 128 0 R] Plaintiff, The Second Amendment Foundation, is a Washington Not-For-Profit /Annots [] <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
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>> >> /Resources 357 0 R /Rotate 0 /Parent 9 0 R Roll-off waste collection customers typically generate bulkier items of waste and/or substantially larger volumes of waste than residential or small container commercial waste customers from sources such as construction sites or industrial plants. endobj endobj In the Augusta, GA area, the acquisition would reduce from three to two the number of significant competitors in the collection of small container commercial waste. /CropBox [0 0 612 792] Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. "0A149;>>>%.DIC; C >> 79 0 obj /Rotate 0 "Small container commercial waste collection service" means the business of collecting MSW from commercial and industrial accounts, usually in "dumpsters" (i.e., a small container with one to ten cubic yards of storage capacity), and transporting or "hauling" such waste to a disposal site by use of a front-or rear-end loader truck. /Contents [202 0 R 203 0 R 204 0 R] /Contents [318 0 R 319 0 R 320 0 R] 0000001149 00000 n
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/Type /Page << << /CropBox [0 0 612 792] /Contents [358 0 R 359 0 R 360 0 R] C. Reduction in Competition As a Consequence of the Acquisition. 78 0 obj /Annots [] /Rotate 0 x+ |
67. /Contents [390 0 R 391 0 R 392 0 R] /Resources 177 0 R /Parent 8 0 R Is there any vagueness, or is everything extremely clear? endobj the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes ("FDUTPA"), which authorizes the State of Florida to seek, and the Court to order, permanent injunctive relief, recission or reformation of contracts, consumer restitution, the refund of monies /Title (Microsoft Word - 2022-08-24 - Complaint - FINAL) (Compl . /Parent 11 0 R 10941 and Laws of Florida, Ch. Reopen fees are due at the time a party files a pleading to reopen a proceeding if at least 90 days have . endobj Allied and Republic directly compete in roll-off waste collection service in a number of markets nationwide, including the Macon, GA area. /Type /Page /Resources 265 0 R /Rotate 0 Defendants Allied and Republic collect municipal solid waste from residential, commercial, and industrial customers, and they own and operate transfer stations, landfills, and incinerators, which process and dispose of municipal solid waste. 49 0 obj For example, for a market consisting of four firms with shares of thirty, thirty, twenty, and twenty percent, the HHI is 2600 (302 + 302 + 202 + 202 = 2600). } !1AQa"q2#BR$3br /Contents [354 0 R 355 0 R 356 0 R] In such instances, the waste is brought to a nearby transfer station where it is compacted and combined with other waste and then transported to a more distant permanent disposal site. endobj /Resources 349 0 R /CropBox [0 0 612 792] Allied is a Delaware corporation with its principal office in Scottsdale, Arizona. /Type /Page Due to the high costs of transporting MSW, and the substantial travel time to other disposal facilities based on distance, natural barriers, and congested roadways, haulers of MSW from the Anderson, IN and New York City, NY areas, respectively, are limited to transfer station disposal sites located in each of their local areas. << /Annots []
In re Amendments to Florida Small Claims Rules, 123 So.3d 41 (Fla . << /Type /Page << COMPLAINT FOR INJUNCTIVE, DECLARATORY RELIEF, AND DAMAGES Plaintiff, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS sues Defendant, TODD TEAL d/b/a WALTER A. SMITH, SNUFFY SMITH, (TEAL) and alleges: NATURE OF THE ACTION 1. >> /Parent 13 0 R /Annots [] 24. endobj Rule 1.610 of the Florida Rules of Civil Procedure governs requests for temporary injunctions. /MediaBox [0 0 612 792] 57. 63 0 obj /CropBox [0 0 612 792] /Type /Page for the Middle Distrct of Florida, hereby files this complaint for permanent injunction and alleges as follows: 1. Although, where available, MSW can be transported to distant landfills through transfer stations using large transfer trailer trucks, the use of transfer stations adds fixed transportation and processing costs. Roll-off vehicles have no compaction system on board and are designed to carry only one large container at a time to a disposal site. /Parent 9 0 R Typical commercial waste collection customers include office and apartment buildings and retail establishments (e.g. endobj %PDF-1.6 <<14CA263718F8354CB34DA495C0495A29>]>>
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;("(;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;; /Annots [] /Type /Page 4. /Type /Page 32. /Rotate 0 /Type /Page The next step is careful preparation before the temporary injunction hearing. /Rotate 0 /PageLabels 3 0 R /Resources 385 0 R "Norfolk, VA area" means the cities of Chesapeake, Suffolk, Virginia Beach, Norfolk, Poquoson, Newport News and Portsmouth, and York, Surry, James City, Southampton, and Isle of Wight counties, Virginia. This is a lawsuit for declaratory and injunctive relief under 86.011, Fla. Stat. Download the PDF of the Complaint IN THIS PUBLICATION Summary Issues COVID-19 The proposed acquisition would reduce from three to two the number of significant competitors for the disposal of MSW in the Anderson, IN area. 0000001641 00000 n
Microsoft Word - 2022-08-24 - Complaint - FINAL 3 0 obj
The Corps' environmental analysis for this project is based on the same assumptions and 25. 53 0 obj /Parent 10 0 R /Contents [386 0 R 387 0 R 388 0 R] In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. "New York City, NY area" means the Borough of Brooklyn, New York. ( << 0000003135 00000 n
( 53. /Type /Page provide preliminary and permanent injunctive relief pursuant to Rules 57 and 64 of the Federal Rules of Civil Procedure and 28 U.S.C. stream
Small container commercial waste collection services are generally provided in highly localized areas because to operate efficiently and profitably, a hauler must have sufficient density in its commercial waste collection operations; i.e., a large number of commercial accounts that are reasonably close together. /Parent 11 0 R ( 0
Local public opposition often makes it more difficult and costly, and increases the time and uncertainty of successfully permitting a facility. 62. Plaintiff, Florida Carry, is a Florida Not-For-Profit Corporation with a principal place of business located at 1090 Wild Holly Drive, Port Orange, Florida, 32129. 4 0 obj
Security Personnel as Independent Contractors Part I: What Makes an Individual an Independent Contractor Instead of an Employee? Contains legal complaint for injunctive releif and civil penalties against BCX facility Site, Jacksonville, Duval County, Florida, June 7, 2004. << The transactions likely will have the following effects, among others: 1. << /MediaBox [0 0 612 792] /Resources 249 0 R /Annots [] 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. ( /MediaBox [0 0 612 792] << /Parent 13 0 R 77 0 obj /Count 10 /Length 1411 %%EOF
endobj /CropBox [0 0 612 792] >> 94 0 obj /Rotate 0 The President of the United States and the Governor of Florida have each declared a state of emergency. ( << 3601, et seq. /Resources 225 0 R /Type /Page /CropBox [0 0 612 792] COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF . << Significant new entry into the disposal of MSW in the Anderson, IN and New York City, NY areas would be difficult and time-consuming. 33 0 obj endobj The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases. /Type /Pages 66 0 obj /Resources 217 0 R /CropBox [0 0 612 792] For a number of reasons, landfills may not be located close to where the waste is generated. After the acquisition, Republic would control over 60 percent of the roll-off hauling market, which has annual revenues of about $8 million. /CropBox [0 0 612 792] 18. Local small container commercial waste collection firms in the Albany, NY; Augusta, GA; Burlington and Camden Counties, NJ; Clarksville, TN; Columbus, OH; Gulf Coast, FL; Lakeland, FL; Louisville, KY/Sellersburg, IN; Macon, GA; Memphis, TN; Monmouth County, NJ; Nashville, TN and Norfolk, VA areas can profitably increase charges to local customers without losing significant sales to more distant competitors. /Type /Page 61. 46 0 obj /Rotate 0 stream
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In each of these markets, Allied and Republic each account for a substantial share of total revenues from commercial waste collection services. << endobj /Parent 7 0 R /Type /Page /Contents [314 0 R 315 0 R 316 0 R] 24 0 obj Private waste haulers typically contract directly with customers for the collection of waste generated by commercial accounts. /MediaBox [0 0 612 792] /Kids [65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R 73 0 R 74 0 R] /Annots [] 54 0 obj US District Court for the Southern District of Florida: Presiding Judge: Raag Singhal: Nature of Suit: Trademark: Cause of Action: 15 U.S.C. >> /Resources 197 0 R The Anderson, IN and New York City, NY areas are therefore sections of the country, or relevant geographic markets, for purposes of analyzing the competitive effects of the acquisition under Section 7 of the Clayton Act. This Court has the authority to grant the requested declaratory and injunctive relief pursuant to 28 U.S.C. >> /CropBox [0 0 612 792] /CropBox [0 0 612 792] /Annots [] << /MediaBox [0 0 612 792] /Rotate 0 Allied and Republic are two of only a few providers of waste collection or disposal services in each of the identified areas. 50 0 obj Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails. endobj << /Resources 149 0 R /Annots [] 6th Street Ft. Lauderdale, FL 33301 Defendants. /Contents [150 0 R 151 0 R 152 0 R] << << 14 0 obj 0000003645 00000 n
>> endobj Garcia controll ed the MJ Companies prior to their going into receivership. /Contents [282 0 R 283 0 R 284 0 R] An official website of the United States government. /Kids [85 0 R 86 0 R 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R] 36. % %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz w !1AQaq"2B #3Rbr Since May 7, 2021, Wilson has been the GC of a private investment firm based in Boca Raton, Florida. Official websites use .gov 44. /CropBox [0 0 612 792] ( /Type /Page /Rotate 0 >> /Parent 7 0 R Thus, small container commercial waste collection service is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. /Resources 233 0 R 19. CASE NO. A .gov website belongs to an official government organization in the United States. Each of these areas is a section of the country, or relevant geographic market, for purposes of analyzing the effects of the acquisitions under Section 7 of the Clayton Act. ( 88 0 obj >> In each of these markets, the resulting substantial increase in concentration, loss of competition, and absence of reasonable prospect of significant new entry or expansion by market incumbents, ensures that consumers will pay substantially higher prices for collection of small container commercial waste, the collection of roll-off waste, or the disposal of MSW. Parties 13. See Merger Guidelines 1.51. ( %PDF-1.4
%
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52. /Resources 229 0 R endobj /Annots [] /Type /Page /CropBox [0 0 612 792] /MediaBox [0 0 612 792] 58. /Type /Page /Type /Page /Parent 9 0 R /Contents [218 0 R 219 0 R 220 0 R] << /Count 10 The extension of vote-by-mail options and other accommodations at polling places is necessary. /Kids [45 0 R 46 0 R 47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R] Small container commercial service vehicles routinely employ compaction systems on the truck to increase storage capacity, and can empty numerous small containers located on a scheduled route before being driven to a disposal site. 34 0 obj /Annots [] /Parent 13 0 R ( << endobj /Type /Pages /Parent 14 0 R /Rotate 0 2201-202, and . An individual commercial customer typically generates substantially more MSW than a residential customer. 1 0 obj Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages. Does the temporary injunction preserve the Status Quo or does it make a change? The proposed transactions, identified below, would lessen competition substantially in waste collection and/or disposal services: (1) Allied's acquisition of hauling assets in Albany, New York; (2) Allied's acquisition of hauling assets in Augusta, Georgia; (3) Allied's acquisition of hauling assets in Memphis, Nashville and Clarksville, Tennessee; (4) Allied's acquisition of disposal assets in New York, New York; (5) Allied's acquisition of hauling assets in Norfolk, Virginia; (6) Allied's acquisition of hauling assets in Okaloosa, Escambia and Santa Rosa counties, Florida ("Gulf Coast, Florida"); (7) Republic's acquisition of disposal assets in Anderson, Indiana; (8) Republic's acquisition of hauling assets in Columbus, Ohio; (9) Republic's acquisition of hauling assets in Lakeland, Florida; (10) Republic's acquisition of hauling assets in Louisville, Kentucky and Sellersburg, Indiana; (11) Republic's acquisition of hauling and disposal assets in Macon, Georgia; and (12) Republic's acquisition of hauling assets in Monmouth, Burlington and Camden counties, New Jersey. Thus, disposal of MSW is a line of commerce, or relevant service, for purposes of analyzing the effects of the acquisition under Section 7 of the Clayton Act. << /Parent 8 0 R /Type /Page /Rotate 0 /Count 79 /MediaBox [0 0 612 792] << /Contents [114 0 R 115 0 R 116 0 R] /MediaBox [0 0 612 792] /Annots [] /Contents [242 0 R 243 0 R 244 0 R] In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. endobj On July 28 and October 7, 1999, in twelve (12) separate purchase agreements, defendants agreed to exchange assets of various subsidiary companies ('the acquisitions"). /Parent 14 0 R /CropBox [0 0 612 792] Therefore, it should not be a decision made lightly. /Type /Page /Rotate 0 15. >> /Resources 201 0 R /Type /Page /Parent 12 0 R 39 0 obj /Annots [] /CropBox [0 0 612 792] 31 0 obj
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The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Louisville, KY/Sellersburg, IN area. 12 0 obj /Rotate 0 x1 04) F&`/MFWxC. /Resources 289 0 R /Contents [134 0 R 135 0 R 136 0 R] /Resources 269 0 R endobj << /Type /Page /MediaBox [0 0 612 792] <>>>
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6. /CropBox [0 0 612 792] /Resources 193 0 R JFIF C << ( /MediaBox [0 0 612 792] Noncompete Agreements: Protecting Referral Relationships as Legitimate Business Interests, Hiring for Florida Banks and Credit Unions: A Summary of Background Checks and Other Information Required to Comply With Various Regulatory Schemes. 23. 59 0 obj << /Type /Page hbbd`b`rfb`gb`
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>> /Parent 9 0 R << Date: Wednesday, June 21, 2000 Document Type: Complaint This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). /Rotate 0 26 0 obj /CropBox [0 0 612 792] /MediaBox [0 0 612 792] /Resources 409 0 R endstream /Type /Pages In the Macon, GA market, Allied and Republic each account for a substantial share of total revenues from roll-off waste collection services. endobj >> << The cost of transporting waste to a disposal site is often a substantial component of the cost of disposal. /MediaBox [0 0 612 792] /Type /Page >> /Resources 325 0 R >> /Pages 4 0 R /Type /Page 22 0 obj This is an action for permanent injunctive relief, declaratory relief, and /Parent 4 0 R endobj /Annots [] /Annots [] /Annots [] << Plaintiff, PRISON LEGAL NEWS ("PLN"), a project of the Human Rights Defense . /Annots [] <<21a9e19eaa9d774d8bfb9315a3d3f5db>]>>
After the acquisition, Republic would control over 85 percent of the small container commercial waste hauling market, which has annual revenues of about $5 million. After the acquisition, Allied would control over 35 percent--and two firms more than 80 percent--of the small container commercial waste hauling market, which has annual revenues of about $17 million. 51. >> /Parent 8 0 R and Florida Statute 86.011, et seq. /Contents [154 0 R 155 0 R 156 0 R] 0000001536 00000 n
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82 0 obj This Court has jurisdiction to enter declaratory and injunctive relief pursuant to Florida Statute 86.011 and Article V, 20 of the Florida Constitution. In its 1998 fiscal year, Republic reported total revenues of approximately $1.8 billion. /Resources 369 0 R /Contents [238 0 R 239 0 R 240 0 R] 6. /Subtype /XML xb```c``b`f`0gg@ ~G@|*{jd`q%T3e83:! @`HsXD|",e0`A
21. /Contents [234 0 R 235 0 R 236 0 R] /Resources 205 0 R Last updated on November 21, 2022. While small container commercial waste collection typically involves a FEL truck making regular stops on pre-scheduled routes to empty numerous containers at multiple customer locations, roll-off waste collection is often performed on an "on-call" basis for customers whose waste is not part of any route. Plaintiffs Rural & Migrant Ministry, Alianza Nacional De Campesinas, El Comite . /CropBox [0 0 612 792] If the major roll-off competitor in a market likewise precludes significant competition through the use of long-term customer contracts which automatically renew, entry by new competitors and growth from existing ones are further hindered. /Annots [] >> ( 91 0 obj . /CropBox [0 0 612 792] << 1. /Parent 9 0 R Absent injunctive relief by this Court, Defendants are likely to continue to injure consumers, reap unjust enrichment, and harm the public interest. /Resources 313 0 R /Annots [] 0000006259 00000 n
/Parent 4 0 R /MediaBox [0 0 612 792] Z( /Contents [198 0 R 199 0 R 200 0 R] /Rotate 0 /Contents [174 0 R 175 0 R 176 0 R] << 22 and 28 U.S.C. /Annots [] In the Anderson, IN area, almost all of the MSW generated is disposed of in one of three transfer stations. The acquisition would reduce from four to three the number of significant firms that compete in the collection of small container commercial waste in the Monmouth County, NJ area. 30 0 obj
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1391, . /Kids [7 0 R 8 0 R 9 0 R 10 0 R 11 0 R 12 0 R 13 0 R 14 0 R] /Parent 9 0 R /Parent 4 0 R endobj The global coronavirus pandemic threatens to disrupt the Presidential Preference Primary (PPP) election in Florida, scheduled for tomorrow, March 17, 2020, and cause large-scale voter disenfranchisement falling hardest on communities of color and other historically vulnerable populations.