Editor's note: In response to recent confusion about the Cherokee County Commission's efforts to enforce mandatory garbage pickup, Probate Judge Melvyn Salter—who also chairs the Commission—dropped off a letter at The Post. Salter asked us to look over the letter and print his words if we thought they could help clarify the situation for the people of Cherokee County. Below are excerpts from the letter which specifically address the issue of trash removal.

“In 1992, the Cherokee County Commission adopted a resolution making door-to-door garbage pickup the legal way of disposing of solid waste, household garbage, etc. in the unincorporated areas of Cherokee County. This resolution was to be enforced through the solid waste offices of the Cherokee County Health Department.

“If this resolution was not being enforced, it was up to the Cherokee County Commission to make sure it was enforced. With the growth of our country many of our residents may not have known garbage pickup was mandatory. Whatever the reasons, the law was either not being fully enforced or was being ignored.
“Based upon state law, if a county followed mandatory garbage pickup, all violators could be cited for a violation. If there was a refusal to comply with the law, the violators could be subject to legal action in circuit court.

“Over the years the number of residents has increased and at the same time a continual rise in violations has been noted. At present there are approximately 3,800 customers, 700 of which are exempt because their only income is Social Security. That leaves 3,100 customers paying for service to 3,800 customers. At the same time, hundreds of other residences in Cherokee County are noncompliant.

“Is it fair to 3,100 residents to pay for 3,800 residents while hundreds more are non-compliant with the law? Is it fair for 3,100 residents to pay while hundreds of recreational lots and summer home do not pay because they don't think the law should apply to them?

“In fairness to the thousands who are abiding by the law—many for the past 20 years—I personally felt that it was time to address the issue. For almost a year, Commissioner Kimball Parker worked with Waste Management to create a plan to recruit new customers and did an excellent job.

“After a numbers of meetings with different representatives from several departments of Waste Management, it was decided that the county and Waste Management had a technology in place to send a notice to all residents who were not on garbage pickup, as well as recreational lots and summer home residents informing them of the law. The letter was intended only for those property owners. It was never the intention of the County Commission for those who were already obeying the law to receive the letter. Waste Management attended three separate Commission meetings. At each, the commissioners were assured that only non-compliant residences would get letters.

“The mailing was paid for by Waste Management and not the county. The purpose of the letter was not to gain more customers for Waste Management but to find a way to lower the rate for all customers by encouraging everyone to follow the law.

“One resident who contacted me has been a customer for decades. He was upset because he received the letter despite his compliance, and I can sympathize with him. He, along with many other faithful customers, did not deserve to receive the letter. Be asked me something that many have not liked, but it is true: If the law has been in effect for 20 years, why have you and the County Commission allowed this to go on for so long?

“According to the Code of Alabama, 'The Cherokee County Commission has the overall responsibility to provide adequate, regular and efficient solid waste collection for all residents and occupants of residential units in rural Cherokee County.'”