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WIMS Special |
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Note: Special
Reports are updated periodically here; but are updated and
reported on Partial Update February 5, 2008
Click Here
for details on WIMS Information Service Products Canadian
Waste Import Issue
Chronology of Events (click
here)
Michigan State Legislation (click
here)
Federal Legislation (click
here) Import
Data Reports (click
here)
Important Links (click
here)
Recent WIMS Daily
articles on this issue
(click
here).
Chronology of Key Events
October 29, 2004:
Federal Judge Denies Motions
In Michigan Trash Law Case (NSWMA v. Michigan)
(click here).
Access the three Orders:
Order #1;
Order #2;
Order #3
September 30, 2004:
City of Toronto wastes approved for import to Michigan
landfills. Access the MDEQ approval letter (click
here).
Toronto's approval allows household waste, as well as
industrial, commercial and institutional waste. Other Canadian
jurisdictions approved for household wastes only include:
Regional Municipality of Durham, City of Owen
Sound, Regional Municipality of Peel, and the Regional
Municipality of York. Also, the State of Wisconsin has been
approved for household wastes only. For current information on
jurisdictional approvals, access the MDEQ website on import
restrictions and approvals
(click
here).
September 10, 2004:
Stabenow Urges EPA To
Stop Canadian Trash (click here).
September 9, 2004:
Kerry Endorses Stabenow
Canadian Trash Ban (click
here).
May
17, 2004: The Sierra Club files a motion in the
Federal District Court of Eastern Michigan, requesting to be
added as a party to a lawsuit brought by the National Solid
Waste Management Association (NSWMA). Access the Sierra Club
intervention brief (click
here).
May 14, 2004: U.S. Senator Debbie Stabenow (D-MI)
reports that U.S. EPA Administrator Mike Leavitt has told her
that the Agency will take the first steps toward implementing
the terms of an international agreement that could lead to
turning back shipments of solid municipal waste headed to
Michigan landfills from Canada.
April 5,
2004:
NSWMA Sues To Stop Michigan
Waste Import Laws -- The National Solid Wastes
Management Association (NSWMA) filed a lawsuit on April 5, 2004,
challenging the constitutionality of several bills signed into
law March 26 by Michigan Governor Jennifer Granholm (see below).
Access the NSWMA complaint filed (click
here).
March 26, 2004:
Governor Granholm approves package of 11 solid waste bills
designed to address the waste import issue. 3/26/2004 Approved
by the Governor; 3/29/2004 Filed with the Secretary of State.
The new laws become effective October 1, 2004
(see below).
February 3, 2004:
Judge Rules Against Wayne County Waste Ordinance --
U.S. District Judge Marianne Battani ruled that a Wayne County
ordinance attempting to halt the flow of out-of-state and
Canadian-generated municipal waste to County landfills is
unconstitutional (see below).
August
5, 2003: Federal Register: August 5, 2003 (Volume 68,
Number 150) International Trade Commission. Solid and Hazardous
Waste Services: An Overview of U.S. and Foreign Markets;
Institution of investigation and scheduling of public hearing. A
public hearing in connection with the investigation will be held
at the U.S. International Trade Commission Building, 500 E
Street SW, Washington, DC, beginning at 9:30 AM on October 21,
2003.
July
23, 2003: The
House Committee on Energy and Commerce, Subcommittee on
Environment and Hazardous Materials, met at 3:00 PM to consider
three bills pertaining to the Transport of Solid Waste: H.R.
382, H.R. 411 and H.R. 1730. Access the hearing website for a
list of witnesses and the complete testimony from each witness
and an audio webcast of the hearing (click
here). Access the MDEQ
release (click
here). Access
the NSWMA testimony (click
here, pdf). Access legislative details on: H.R. 382 (click
here); H.R. 411 (click
here); and H.R. 1730 (click
here).
July
22, 2003: U.S. Senator Debbie Stabenow (D-MI) has
indicated that 81,416 people have signed her on-line
petition to ban some 180 trucks importing Canadian
trash into Michigan each day.
June
2, 2003: Senator Debbie Stabenow (D-MI) has launched an
on-line sign-up for a letter to the U.S. EPA Administrator
urging enforcement of
the U.S.-Canada Agreement on Transboundary Waste
Movement to
stop waste imports.
May
20, 2003: Brief Memo Summarizing MDEQ Landfill Waste
Load Inspection Data
April
1, 2003: Governor Granholm letter to EPA
Administrator Whitman re: U.S.-Canada Agreement on Transboundary
Waste Movement (pdf) January
2003: U.S. Senator Carl Levin release re: U.S.-Canada Agreement on Transboundary Waste
Movement March
15, 2002: U.S. Representative John Dingell letter to EPA Administrator
Whitman re: U.S.-Canada Agreement on Transboundary Waste
Movement February
28, 2002: Congressional Research Service (CRS) response
to questions re: U.S.-Canada Waste Trade Agreement (pdf)
Michigan
State Legislation Michigan Waste Import
Laws (click on the bill number to access legislative
details)
Current Legislation
H.R. 518 of 2007 -- adds a new Section 4011 to the
Solid Waste Disposal Act. It requires the U.S. Government to
implement the “notice and consent” provisions of the
bilateral U.S.-Canadian Agreement. It provides criteria to
ensure that the views of the affected State and local
governments are properly taken into account, and it adds the
necessary statutory enforcement authority.
Access
legislative details for H.R.518 (click
here).
Previous Legislation
H.R.2491 of 2006 - Title:
To amend the Solid Waste Disposal Act to authorize States to
restrict receipt of foreign municipal solid waste and implement
the Agreement Concerning the Transboundary Movement of Hazardous
Waste between the United States and Canada, and for other
purposes. Sponsor:
Rep Gillmor, Paul E. [OH-5] (introduced 5/19/2005) Cosponsors
(12).
Access legislative details
for H.R. 2491 (click
here).
H.R.
411 - Introduced by
Representatives Dingell, Levin, Stupak, Kildee and Rogers of
Michigan, on January 28, 2003, and referred to the Committee
on Energy and Commerce and is now in the Subcommittee on
Environment and Hazardous Materials.
Amend the Solid Waste Disposal Act to prohibit any person
from importing, transporting, or exporting municipal solid
waste (MSW), for final disposal or incineration, in
violation of the Agreement Between the Government of the
United States of America and the Government of Canada
Concerning the Transboundary Movement of Hazardous Waste. S.199
- Introduced by Senators Levin
and Stabenow on January 21, 2003 and referred to Committee
on Environment and Public Works.in the Senate which
(companion to H.R. 411). Amend the Solid Waste Disposal Act
to prohibit any person from importing, transporting, or
exporting municipal solid waste (MSW), for final disposal or
incineration, in violation of the Agreement Between the
Government of the United States of America and the
Government of Canada Concerning the Transboundary Movement
of Hazardous Waste. S.
383 - On February 12, Sen Stabenow
introduced another bill on her own -- S. 383 -- that would
prohibit the importation of Canadian municipal solid waste
without State consent. That bill was also referred to the
Committee on Environment and Public Works.
MDEQ
Import Data Reports
MDEQ website on import restrictions and approvals
(click
here).
City
of Toronto Links
Transboundary
Movement Branch (TMB) of Environment Canada
-
Responsible for implementing terms of international
agreements aimed at the monitoring and control of
transboundary movements of hazardous and non-hazardous
wastes and recyclable materials. These agreements are
legally binding on Canada through legislation.
Canada-U.S.A.
Agreement - The Agreement Between the Government of
Canada and the Government of the United States of America
Concerning the Transboundary Movement of Hazardous Waste was
signed by the Canadian Environment Minister and the U.S.
Environmental Protection Agency (EPA) Administrator on
October 28, 1986, and came into effect on November 8, 1986.
In 1992, the parties agreed to an amendment relating to
solid waste. Complete summary and link to the full text.
Congressman John Dingell news releases on the Canadian trash
issue and the USA - Canadian Agreement
Senator Debbie Stabenow's website on the Canadian trash
issue
China's
Ban on Imports of Electronic Scrap
- As posted on the Environment Canada
TMB website a Notice of China's Ban on Imports of Electronic
Scrap and List of Goods Prohibited to be Imported (fourth)
Basel
Convention - Basel Convention on the Transboundary
Movement of Hazardous Waste and Their Disposal, under the
United Nations Environment Programme
Some
Recent
Articles From WIMS Daily
Note:
Article titles and
links are from WIMS daily reporting service. For complete daily updates see
information on subscribing to WIMS Email Services (click
here).
Some links below may become inactive over time.
Toronto Says It's On
Track To Stop Waste Shipments By
2010 - Jan 31,
2008. Access
a release from the City of
Toronto (click
here). Access an
8/31/06 release from Senators
Levin and Stabenow (click
here). Access a 8/30/06
letter from Ontario Minister of
the Environment Laurel Broten (click
here). Access the
Senators' 8/30/06 letter to
Broten (click
here). Access 9/1/06
statement from Senator Levin (click
here).
Updated CRS Report On
Interstate Shipment of Municipal
Solid Waste - Sep 17,
2007: Access the complete report (click
here).
House Passes Foreign
Solid Waste Importation Bill Again
- Apr 24, 2007: Access a release
from Representative Dingell
including his floor statement (click
here). Access a release
from Representative Mike Rogers
(R-MI) (click
here). Access legislative
details for H.R. 518 (click
here). Access links to the
Congressional Record discussion on
passage of the bill (click
here).
MI House Narrowly Passes
Waste Surcharge Bill - Apr
17:
Access a House
Democratic release (click
here). Access a
Republican release (click
here). Access the release from
environmental groups (click
here).
Access legislative details for HB 4221 (click
here). Access the roll call
vote on passage of the HB 4221 (click
here, See page 39 of 40).
Access legislative details for HB 4222 (click
here). Access the RRRASOC
document (click
here).
House Subcommittee
Considers Solid Waste Import Bill
- Mar 20, 2007: Access the statement from
Representative Dingell (click
here). Access legislative details
for H.R.518 (click
here).
Waste Imports Top 19 Million Cubic Yards
- Jan 31, 2007: Access a release from
MDEQ listing major out of State waste
imports (click
here). Access the complete FY 2006
report (click
here).
MI Delegation Introduces Canadian
Waste Import Bill - Jan 17, 2007:
Access a release summarizing key points of the
legislation (click
here). Access legislative details for
H.R. 518 (click
here).
MI Senators Announce Deal With Ontario
To End Waste Imports - Aug 31, 2006:
Access a release from Senators Levin and Stabenow
(click
here). Access a 8/30/06 letter from
Ontario Minister of the Environment Laurel Broten
(click
here). Access the Senators' 8/30/06
letter to Broten (click
here). Access the September 1, statement
from Senator Levin (click
here). Access legislative details for
H.R. 5441 (click
here).
Governor Signs Republican Solid Waste Bills
- Mar 13: Access a release from the Governor (click
here). Click on the bill numbers to
access legislative details (SB0783,
HB5176,
HB5177,
HB5178).
MDEQ Releases Annual Solid Waste Landfilled
Report - Feb 3:
Access the complete 55-page report (click
here).
Access an MDEQ release that lists the amounts of
waste imported from various states and Canada (click
here,
posted soon).
Chamber Vows To Fight "Garbage Tax"
Ballot Proposal - Jan 11: The
Michigan Chamber of Commerce announced its
intention to actively campaign against the
latest plan by State Representative Dianne
Byrum (D-Onondaga) and House Democrats to deal
with the Canadian waste import issue [See WIMS
1/10/06]. The Chamber says the plan to seek a
ballot proposal for a $7.50 per ton surcharge
on solid waste disposed in Michigan landfills
would "impose a $150 million tax on garbage on
homeowners and businesses." Rich Studley,
Executive Vice President of the Michigan
Chamber said, “This radical proposal from
Byrum and House Democrats to impose a new $150
million a year tax on garbage does not have
broad-based bi-partisan support and has
repeatedly failed to be adopted by the State
House and Michigan Senate. The Michigan
Chamber has opposed this proposal in the
Legislature and we are confident this costly
scheme would be rejected by Michigan voters.”
Doug Roberts, Jr., Director of Environmental &
Energy Policy for the Michigan Chamber
said, “This plan is a job killer. At a time
when Michigan’s economy is struggling, our
state’s families and businesses don’t need
another tax increase. Yet, this is exactly
what Rep. Byrum and House Democrats are
advocating with a $150 million garbage tax.
Increasing taxes is not the way to attract new
jobs and investment to Michigan. We urge
Governor Granholm in her State of the State
Address on January 25th to speak out against
this ill-advised plan.” A package of
Republican-sponsored bills,
SB0783,
HB5176,
HB5177,
and HB5178;
are nearly ready to be presented to the
Governor. The bills are designed to prohibit
the import of solid waste from Canada, if and
only if, Congress enacts legislation under
Article I, Section 8, Clause 3 of the United
States Constitution (the Commerce Clause)
authorizing the prohibitions. The prohibitions
also would not apply if the delivery and
acceptance of the waste were pursuant to a
contract entered into before the bill's
effective date. The prohibitions would apply
90 days after the effective date of the
Federal legislation or 90 days after the
bill's effective date, whichever was later.
The bills were approved overwhelmingly in the
Senate, but not without objections from
Democrats. Two of the bills have already been
enrolled and the other two will be shortly
[See WIMS 12/02/05].
Michigan Congressional Reps Presses
For Canadian Waste Bill Action - Nov 3:
Five Michigan Congressional Democrats including
John Dingell, Bart Stupak, Dale Kildee, Sander
Levin, and Carolyn Cheeks Kilpatrick; and five
Republicans: Pete Hoekstra, Fred Upton, Mike
Rogers, Dave Camp and Joe Schwartz have sent a
letter to House Speaker Dennis Hastert (R-IL)
urging the full House to take action on H.R.
2491. The bill, introduced by Paul Gillmor
(R-OH) would amend the Federal Solid Waste
Disposal Act to authorize States to restrict
receipt of foreign municipal solid waste and
implement the Agreement Concerning the
Transboundary Movement of Hazardous Waste
between the United States and Canada.
Rep Gillmor, Paul E. An
identical bill, S. 1198, was introduced by
Senator Debbie Stabenow (D-MI). The House bill
was approved by the House Committee on Energy
and Commerce and placed on the House Calendar on
September 27.
Senate Dems
Oppose Committee-Approved Trash Bill -
Nov 1: State Senator Liz Brater (D-Ann Arbor)
and minority vice chair of the Senate Natural
Resources and Environmental Affairs (NREA)
Committee, presented a major amendment to the
GOP-sponsored trash bill,
HB 5176,
that was taken up in Committee; however, the
amendment failed on a party-line vote. Brater
said, “The amendments I offered today would have
given Michigan the tools to actually restrict the
amount of trash that enters this state. As the
bill currently stands, it is based on hypothetical
scenarios and does nothing to fix our trash
problem now.” Brater’s amendment reflected
the Senate and House Democrats’ ongoing efforts to
enact legislation that would have raised the
surcharge on solid waste disposed in the State.
She said the money raised would then be returned
to local municipalities to enhance or develop
recycling programs. Brater indicated, "My
amendment reduces the amount of out of state trash
on the basis of economic common sense: if we
charge more to dump trash, less will be dumped.
Waiting around for Washington to approve a plan to
ban waste just allows more trash to pour into our
state. The issue here is not just Canadian trash.
We also take in a great deal of trash from other
near-by states, all of which have higher fees than
we do.” House Approves Canadian Trash Ban Bills
- Sep 21: Speaker Craig DeRoche (R-Novi) announced
House approval of a three-bill package that bans
the importation of Canadian trash. The ban would
come with the approval of bipartisan Federal
legislation soon to be taken up in Congress (H.R.
2491 and S. 1198). Despite intense bickering
between House Republicans and Democrats, which
still continues, the bills were approved
overwhelmingly -- HB 5176 (105-3); HB 5177
(105-2); and HB 5178 (105-2). The fast-tracked
bills were announced on September 9, approved by
House Committee on September 15, and approved by
the full House on September 21. On June 7,
Governor Granholm indicated her support for the
Federal legislation. The House-approved
legislation will now be considered by the Senate. |
