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Introductory Remarks
Mr. Chairman and distinguished members of the
subcommittee, I am
pleased to testify on pending legislation that
would vest states and local governments with the authority to control shipments
of out-of-state municipal solid waste (MSW). As members of the subcommittee may
know, Indiana’s elected state officials and federal representatives have long
been concerned that our state’s efforts to manage the disposal of our solid
waste, as required under federal law, are threatened by unconstrained flows of
garbage from other states. I therefore appreciate the opportunity to offer
comments on behalf of the State of Indiana on three bills, H.R.667, H.R.1213,
and H.R. 1927, which were recently introduced in the U.S. House of
Representatives to address this issue.
There continues to be a necessity for legislation
that would give the states some ability to control the influx of out-of-state
waste. Shipments of interstate municipal solid waste continue to rise
nationally, and so does public concern. A recent Congressional Research Service
report on interstate waste shipments noted that imports have more than doubled
from 14.5 million tons in 1993 to 32 million tons in 2000, a 120% increase over
7 years. In Indiana, 1998 was a peak year for disposal of out-of-state waste.
In that year, almost 2.2 million tons of out-of-state municipal solid
waste was disposed of at our MSW facilities, which are mostly landfills. Those
2.2 million tons of out-of-state waste represented 30% of the total amount of
waste disposed of at our state’s MSW facilities. Adding construction and
demolition (C&D) debris and special waste, which are recorded separately, a
total of 2.7 million tons of out-of-state waste was disposed of at Indiana MSW
disposal sites in 1998 - - enough to cover two lanes of Interstate 95 from
Washington, D.C. to Richmond, Virginia and back again with 10 feet of garbage.
Since 1998 there has been a 40% drop in the amount of out-of-state municipal
solid waste disposed of in Indiana. While this is certainly a good trend, waste
imports remain very high and it is not a trend that can be guaranteed. The
sporadic nature of waste flows could just as easily result in a significant
increase in out-of-state waste next year.
Almost all of Indiana’s out-of-state waste
currently comes from neighboring states, with most shipments originating at
transfer stations in the Chicago area and going to landfills in the northern
portion of the state. A number of years ago, Indiana was deluged with garbage
shipments from New Jersey and New York. However, through aggressive enforcement
of state regulations concerning the types of waste allowed in landfills,
negotiated agreements between Indiana and those two states, and the closure of
several Indiana landfills receiving out-of-state waste, the flow was
dramatically reduced. In fact, last year, no long-haul shipments of municipal
solid waste from the East Coast were sent to any Indiana landfills.
While this situation could change, especially
with the closure of the Fresh Kills landfill on Staten Island in New York,
Governor Frank O’Bannon and I are chiefly concerned with ensuring that our
administration and local officials gain the ability to control the overall
amount of out-of-state waste shipments. Our primary goal is to protect our state’s
disposal capacity and natural resources; the origin of out-of-state shipments is
not important.
At the present time, Indiana has approximately 17
years of in-state capacity based on current disposal rates, and the state’s 61
solid waste management districts are working hard to reduce waste disposal.
Indiana’s efforts to manage in-state disposal capacity needs could easily be
frustrated by an influx of out-of-state waste which could readily exhaust
landfill capacity that has been saved through local recycling and waste
reduction efforts. At the current rate of out-of-state waste shipments into
Indiana, the capacity of our landfills could be reduced by three years. If
Indiana was receiving out-of-state waste today at the 1998 rate, capacity would
be reduced by eight years – almost one half of current projected capacity. It
becomes difficult to make the case for waste reduction in Indiana as other
states’ garbage flows freely across our borders.
When, in 1990, out-of-state waste became an issue
of public concern in Indiana, our state legislature passed several laws to
protect our citizens against the unregulated importation of trash. These laws
included a higher tipping fee for out-of-state waste and a requirement that
out-of-state shipments be certified as not containing hazardous or infectious
waste. A federal judge ruled that these laws violated the Commerce Clause of the
United States Constitution and struck these provisions down.
A year later, in 1991, additional regulatory
provisions were passed, including a ban on the hauling of food and other
products in a vehicle also used to haul solid waste and an identification
sticker for vehicles transporting waste into Indiana. These too were ruled
unconstitutional.
Today, we still have a law in place from 1990
that requires applicants for new landfills or expansions to demonstrate that
there is a local or regional need for additional capacity. This
"needs" statute has been used to deny permits on several occasions,
but there is great concern that this law too will not withstand court challenge
without federal legislative action.
After listening to today’s testimony, I urge
you to act to address this issue in a manner that carefully balances the
concerns of state and local officials, the importance of protecting our natural
resources, and the legitimate business interests of the waste industry. Congress
could have and should have acted on this issue years ago when two former members
of Congress from Indiana - - Senator Dan Coats and Congressman Phil Sharp - -
labored long and hard to pass legislation. Indiana’s current congressional
delegation has demonstrated a united support for enacting a federal interstate
waste law. In the House, Congressman Steve Buyer, a new member of this
subcommittee, and Congressman Pete Visclosky, have helped to lead this
bipartisan effort the last several years.
H.R. 1213, the "Solid Waste Interstate
Transportation Act of 2001 "
I believe that H.R. 1213, introduced by
Congressman Jim Greenwood, represents a measured approach to providing states
and localities with tools to limit but not eliminate out-of-state waste
shipments.
There are five separate provisions within H.R.
1213 that Indiana could utilize today. The first is the presumptive ban that
does not allow landfills to accept out-of-state waste unless authorized through
a local host agreement, state permit, or an existing contract. The second is the
authorization of a state to limit out-of-state waste amounts based on receipts
in 1993. The third and most important of the provisions for Indiana is the
recognition of the "Needs Law" that Indiana has used with some
limited success but which is subject to challenge. The fourth provision provides
that out-of-state waste can comprise, at a minimum, 20% of a state’s total MSW.
And the last provision is the ability for state’s to impose a cost recovery
surcharge on out-of-state waste to recoup the expenditure of tax dollars
incurred as a result of the receipt of out-of-state waste.
Taken together, the provisions of H.R. 1213 do
not eliminate altogether out-of-state waste shipments, which would be neither
prudent nor necessary. They do, however, provide a mix of public notice
requirements that will ensure public input in states’ waste management
programs and controls which can prevent unwanted floods of out-of-state trash.
H.R. 1927, the "Solid Waste
International Transportation Act of 2001"
This legislation, introduced by Congressman Mike
Rogers, is limited to dealing with solid waste originating from outside the
United States. While such waste is not currently being disposed of in Indiana
there have been periods of time in the past when Indiana received a significant
number of shipments of solid waste from Canada. Specifically in 1991 Indiana
received nearly 15,000 tons of solid waste from Canada. Due to the potential for
importation of waste from Canada in the future and the impact such importation
would have on landfill capacity, the State of Indiana supports the general
concept of H.R. 1927. However, it is expected that H.R. 1213 would achieve the
same goals without leading to a challenge under an international trade agreement
as solid waste from both inside and outside the country would be subject to the
same requirements.
H.R. 667, the "Solid Waste Compact
Act"
This legislation, introduced by Congressman Paul
Kanjorski, provides states the broad discretion to prohibit disposal of
out-of-state waste provided the state has an approved State Plan under the
federal regulations. While this legislation certainly provides states with the
greatest flexibility in preventing out-of-state waste disposal it also provides
the greatest potential for abuse of such authority. The legislation would allow
a state to apply the prohibition statewide or to a specific landfill or
incinerator. Such an approach does not recognize regional flows of solid waste,
and while the greatest concern has been expressed relative to the import of
waste into a state, every state also has communities near its borders which ship
waste to a nearby landfill or incinerator in an adjoining state. For example,
last year Indiana generated and disposed of over 6.2 million tons of solid waste
within its borders. Indiana shipped less than 5% of that amount to surrounding
states. It is expected that if H.R. 667 were enacted, a significant amount of
negotiation between states would likely occur to develop interstate compacts
relative to solid waste imports and exports. For Indiana significant staff
resources would be required to negotiate with our four contiguous sister states.
By comparison H.R. 1213 provides adequate guidance in the controls and
limitations that may be used to restrict out-of-state waste so that interstate
compacts would not be necessary.
Conclusion
I appreciate the interest of Chairman Gillmor and
other subcommittee members in convening today's hearing and hope this is only a
first step leading to enactment of legislation. Repeated and strenuous efforts
to negotiate a settlement between major importing and exporting states -- most
recently involving Indiana, Michigan, New Jersey, New York, Ohio, Pennsylvania,
and Virginia two years ago -- have failed to produce any meaningful solution.
I recognize that this subcommittee must weigh the
interests and concerns of all 50 states and the private sector when considering
a matter involving interstate commerce. On this issue, however, I am hopeful
that you and your colleagues will agree that states should be allowed to
exercise a reasonable set of controls to protect their natural resources and
solid waste disposal capacity, and ensure public support for their own waste
reduction efforts. Governor O’Bannon and I believe Congress should not
indefinitely delay legislative action.
Thank you again for allowing me to share the
State of Indiana’s concerns about this important public policy matter.
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