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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.
International Solid Waste Bill
Reported From Subcommittee
- Jun 8, 2005: The four Michigan
Members of the Energy & Commerce
Committee, Representatives John
Dingell (MI-15), Fred Upton
(MI-06), Bart Stupak (MI-01) and
Mike Rogers (MI-08), praised the
passage of H.R. 2491, the
International Solid Waste
Importation and Management Act
of 2005, out of the Energy and
Commerce Subcommittee on
Environment and Hazardous Waste.
As reported yesterday, the bill
also had the strong support of
Governor Granholm (See WIMS
6/8/05). The legislation,
sponsored by Environment and
Hazardous Waste Subcommittee
Chairman Paul Gillmor (OH-5) and
co-sponsored by the four
Michigan Members, would help
address Michigan's ongoing
problem with imported waste from
Canada by requiring that the EPA
implement and enforce the
Bilateral Agreement both
countries signed in 1992.
Moreover, the legislation would
give Michigan more authority to
regulate foreign waste until
EPA's final regulations to
implement and enforce the
Agreement become effective.
Governor Supports Federal Plan
To Regulate Foreign Trash
- Jun 7, 2005: Governor Granholm
signaled her support for Federal
legislation (H.R. 2491) in the
U.S. House of Representatives
that would provide states with a
limited opportunity to enact
state laws or regulations to
better manage the disposal of
foreign trash. Called the
“Interstate Solid Waste
Importation and Management Act
of 2005,” the plan gives state
and local authorities more power
to stop the escalating menace of
Canadian trash while U.S. EPA
develops a mandated plan to
implement and enforce an
existing bilateral waste
management agreement with
Canada. The legislation does not
address trash shipments from
other states. The Governor said,
“Every day more and more trash
flows into Michigan, damaging
our roads, gobbling up our open
space, and putting Michigan
citizens at increased risk. We
need better tools to manage
waste, and we need Congress to
give us those tools.”
MI Congressional Members
Scorn Toronto Trash Deal
- Apr 27, 2005: According to a
joint release from several
Democratic Michigan Congressional
members, some public officials in
Toronto agree that sending their
trash to Michigan is a bad idea
and a community embarrassment, but
the Canadian city will send
800,000 tons a year for another
three years to Michigan because
they say "the Bush administration
refuses to act to halt these
noxious shipments." In response to
a news report that a Toronto city
committee plans to renew a
three-year contract with a
Michigan landfill on April 27,
U.S. Senators Debbie Stabenow
(D-MI) and Carl Levin (D-MI), and
U.S. Representatives John Dingell
(D-MI) and Bart Stupak (D-MI)
urged the city of Toronto to
reconsider its options, and they
also urged the president to
exercise his authority to get the
shipments halted. Members of the
Toronto city council were quoted
in Monday’s Detroit News story
calling the shipments “a citywide
shame,” and saying, “We'd be
better off keeping our trash here
than shipping it to another
country.” Stabenow, Levin, Dingell
and Stupak are all co-sponsors of
legislation intended to block
shipments of municipal solid waste
into Michigan. Currently, the
legislators said, "more than 400
trash trucks a day cross into
Michigan, creating health and
safety risks, damaging roads and
bridges, and decreasing Michigan’s
limited landfill space." On April
27, the Toronto Works Committee
approved a 3-year contract renewal
with Republic Services Inc. to
send approximately 1.1 million
tons of solid waste to Carleton
Farms landfill in Sumpter
Township, Wayne County.
The renewal period is from January
1, 2006 to December 31, 2008. The
matter must now be approved by the
full City Council.
Canadian Waste Imports Double &
Jurisdictions Approved For MI Disposal
- Nov 16: Despite the fact that the
Governor and Republican and Democratic
Legislative leaders have hailed the
passage of a new package of Michigan
laws as the key to reducing the
extensive imports of solid waste from
Canada, the City of Toronto and four
other Canadian jurisdictions have
recently been approved by the State to
import their waste to Michigan
landfills. Simultaneously, new
information from the Department of
Homeland Security (DHS) released
November 15, by U.S. Senators Levin and
Stabenow, and U.S. Representative John
Dingell, indicates that trucks from
Canada, importing trash to Michigan,
have more than doubled in the past year
-- from 180 in 2003 to 415 in 2004.
Canadian
Waste Continues To Flow Despite Court
Rulings - Nov 2: Despite Federal
District Judge Avern Cohn rulings on
October 29, 2004 [see yesterday's report]
the Detroit Free Press reports that five
Canadian cities and the state of Wisconsin
have already received certification from
Michigan indicating that their waste
imports meet the Michigan requirements. As
a result the Free Press reports, "Canadian
trucks kept rolling across the Ambassador
Bridge to the Carleton Farms Landfill in
Wayne County on Monday;" and quoted Matt
Neely, an area president of Republic Waste
Services, which owns Carleton Farms, as
saying, "The only difference is now we
have to generate more paperwork." The
National Solid Waste Management
Association (NSWMA) reported the same
information to WIMS on November 1, 2004.
WIMS has requested some documentation on
the above matter and will report further
when it is received.
Federal Judge Denies Motions In Michigan Trash Law Case (NSWMA
v. Michigan) - Oct 29: Judge Avern
Cohn, U.S. District Court for the Eastern
District of Michigan issued three separate
orders denying various legal request from
the National Solid Wastes Management
Association (NSWMA) in its lawsuit against
the State of Michigan filed on April 5,
2004, challenging the constitutionality of
several bills signed into law on March 26 by
Governor Jennifer Granholm.
Stabenow Urges EPA
To Stop Canadian Trash - Sep 10: U.S.
Senator Debbie Stabenow indicates that recent
comments by Toronto’s mayor, quoted in a news
story on Wednesday, "revealed shocking new
information about the ongoing arrangements to
bring Canadian trash into Michigan." Stabenow
wrote EPA Administrator Michael Leavitt a letter
on September 9, and asked him to immediately
block these shipments. Last week Presidential
candidate John Kerry said he supports Stabenow’s
legislation to ban Canadian trash and would ban
any shipments into Michigan if he were elected.
Kerry’s remarks in turn prompted Toronto Mayor
David Miller to tell the Associated Press that
Toronto has always had a “plan B,” if municipal
waste shipments to Michigan are blocked, and
that, in any event, he expects he would be
sitting down with someone from a Kerry
administration to discuss the issue. In her
letter to Leavitt, Stabenow said, “Mayor
Miller’s statement makes it clear that Toronto
is willing to work with our government to
develop these alternative options and stop
shipping waste into Michigan. Unfortunately,
because of the EPA’s lack of action, Toronto’s
own mayor sees no need to work with our
government to address this problem unless a new
president is elected.” Stabenow again cited the
EPA’s authority to block Canadian trash
shipments under the terms of an existing
agreement with Canada, and urged Leavitt to
bypass the voluntary pilot program he outlined
for Stabenow last spring and immediately halt
trash shipments into Michigan. Access a release
(click
here). Access a "Progress Report" on
Canadian trash from Senator Stabenow (click
here). Access the
legislative details for S. 383 (click
here). Access
links to various media reports on Kerry's
statement including the Globe and Mail (click
here). Access the
WIMS-EcoBizPort Special Report on the Canadian
Waste Issue for background information on the
treaty and related matters (click
here).
Sierra Club Seeks
Intervention In Michigan Waste Import Case
- May 17: The Sierra Club has filed 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). NSWMA filed a lawsuit against
the State on April 5, 2004, challenging the
constitutionality of several bills signed into law
on March 26 by Michigan Governor Granholm (See our
April 7, 2004 report; or our Special Report linked
below). Gayle Miller, Conservation Program
Coordinator for the Sierra Club's Mackinac Chapter
said, "These laws are a critical first step in
protecting Michigan's citizens from the health and
environmental hazards posed by Michigan's
ever-expanding landfills. The laws minimize volume
and reduce the toxicity of solid waste, both
preserving valuable landfill space and protecting
Michigan from pollution." Sierra Club indicated
that the lawsuit could have wide-ranging effects
on the ability of Michigan and other states to
pass laws governing solid waste disposal. The case
has been assigned to federal District Court Judge
George E. Woods , who is expected to consider the
motion to intervene within the next few
weeks. Access a posted Sierra Club release (click
here). Access the Sierra Club
intervention brief (click
here).
Leavitt Says EPA Will Address Canadian
Trash - May 14: 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. Stabenow said,
“After two meetings with Administrator Leavitt and
presenting him with 165,000 signatures of
Michiganians, who oppose these shipments, I was
pleased that the EPA has now for the first time
acknowledged this problem and their role in
solving it. I will press the EPA for details and a
timeline for their planned action, but I think
Michigan residents should welcome this
announcement as a step forward.” In a letter to
Stabenow, Leavitt said the EPA will: create a
pilot program to begin implementing the procedures
under the 1986 Agreement Concerning the
Transboundary Movement of Hazardous Waste to
consent or object to the Canadian trash
shipments; provide funding to the State of
Michigan to help the state stop Canadian trash
shipments that are violating the State’s landfill
and environmental laws; and begin international
dialogue with the Canadian government on how to
address the Canadian trash problem at the upcoming
U.S. – Canadian bilateral meeting in June. Access
a release from Senator Stabenow (click
here).
NSWMA
Sues To Stop Michigan Waste Import Laws -
Apr 5, 2004: The National Solid Wastes Management
Association (NSWMA) filed a lawsuit on April 6,
2004, challenging the constitutionality of several
bills signed into law March 26 by Michigan
Governor Jennifer Granholm. The lawsuit, filed in
Federal district court in Michigan, challenges the
laws for violating several provisions of the
United States Constitution. NSWMA, joined by
several solid waste management companies, noted
that it is their opinion that the new legislation
violates a number of constitutional principles
including: The commerce clause, which authorizes
Congress to “regulate commerce with foreign powers
and among the states;” and, The foreign commerce
clause, which restricts protectionist policies and
restrains states and local government bodies, from
excessive interference in foreign affairs. The
lawsuit comes on the heels of NSWMA’s recent
successful lawsuit against a Wayne County,
Michigan, ordinance that attempted to prevent any
landfill located in that county from accepting
waste from any jurisdiction that did not have a
container deposit law similar to Michigan’s. A
Federal district court declared that ordinance
unconstitutional in early February.
Four Of Sixteen Solid
Waste Bills Pass - Nov 12-13, 2003: Only four of
the 16 bills sent to the House Floor by the House Land
Use and Environment Committee were approved by the
House before the legislators begin a three-week, Deer
Hunting/Thanksgiving break. The bills that passed
included: prohibition on cathode ray tubes in
landfills (HB 4296); Notification of prohibited items
(HB 5235); annual reports on landfill capacity (SB
557); and a 2-year moratorium on most new landfills
(SB 506). Democrats and many oservers
thought the full, 16-bill package would be approved,
however, Republicans held up the passage to provide
more time to study constitutional issues associated
with the bills. A 12-bill package, included in the
House package, was approved last month by the Senate.
House Speaker Rick Johnson (R-Leroy) reportedly said
the solid waste issue would be settled by the end of
the year. Access each of the 16 bills for legislative
details (click on the bill number):
HB 4296;
HB 4297;
HB 4688;
HB 5234;
HB 5235;HB
5236;
HB 5237;
SB 57;SB
497;
SB 498;
SB 499;
SB 500;
SB 502;
SB 506;
SB 557;
SB 715.
House Committee Approves Solid Waste Bills
- Nov 6: The House Land Use and Environment Committee
has approved legislation designed to ease the flow of
out-of-state and out-of-country waste into Michigan
landfills and make those landfills cleaner and safer.
The initiative is a 16-bill combination of new House
bills (HBs 5234, 4296, 4297, 4688, 5235, 5236,
5237) and several Senate bills (SBs 57, 497, 498, 499,
500, 502, 506, 557, and 715) that already have been
approved by that chamber. Representative Ruth Johnson
(R-Holly), Chair of the Committee said, “Michigan’s
extra landfill capacity has been an open invitation to
outsiders to dump their waste in our state. Enough is
enough. What Michigan needs is a practical plan to
address the flow of harmful out-of-state waste into
our landfills. The measures approved by the committee
do just that. At the year’s beginning we set out to
limit waste imports to Michigan. We have diligently
worked to craft meaningful legislation that has a real
chance of meeting constitutional muster and bringing
about real results to improve the quality of life for
everyone.” The House bills address the following
issues: HB 5234 - Sets a universal standard for both
in-state and out-of-state waste acceptance in Michigan
landfills; HB 4688 - Allows for open
contracting of waste disposal within the state; HBs
5236 & 5237 – Allows county residents to vote on the
implementation of fees to aid in establishing and
funding local recycling efforts; HB 5235 – Requires
solid waste haulers to annually notify contract
holders of the items prohibited from disposal in
landfills and the DEQ to post alternate disposal
options on the department’s website; HBs 4296 & 4297 –
Bans disposal of cathode ray tubes from landfills and
incinerators. Access a release (click
here). Click on the bill number to access
each of the bills:
HB 4296;
HB 4297;
HB 4688;
HB 5234;
HB 5235;HB
5236;
HB 5237;
SB 57;SB
497;
SB 498;
SB 499;
SB 500;
SB 502;
SB 506;
SB 557;
SB 715.
Stabenow’s Waste Import
Petition Tops 100,000 - Sep 8: Launched on
June 2, U.S. Senator Debbie’s Stabenow’s web-based
petition drive to ban the importation of Canadian
trash into Michigan has drawn more than 117,000
signers. Stabenow said, “It’s clear to me from the
overwhelming response to this on-line petition drive
that Michigan residents don’t want our State to be the
dumping ground for Canadian municipal waste. I plan to
meet with the President Bush’s nominee to head the
Environmental Protection Agency, Gov. Mike Leavitt, in
the near future, so that I can and present him with
this huge list of signatures.” Stabenow’s web drive
targeted U.S. EPA, which is responsible for enforcing
the 1986 Agreement Concerning the Transboundary
Movement of Hazardous Waste, a U.S.-Canada treaty
that she says could halt shipments of waste into
Michigan. Approximately 180 trash-bearing trucks enter
the State from Canada each day. Access a release (click
here).
NSWMA
Post Waste Hearing Testimony - Jul 23: The
National Solid Waste Management Association (NSWMA)
has posted its testimony delivered to the House
Committee on Energy and Commerce, Subcommittee on
Environment and Hazardous Materials hearing on three
bills -- H.R. 382, H.R. 411 and H.R. 1730 dealing with
solid waste transportation and importation issues.
NSWMA said, "Our members provide solid waste
management services in a heavily regulated and highly
competitive business environment. Thus, we are
critically interested in proposals, such as
restrictions on the interstate and international
movement of MSW, that would change that regulatory or
competitive environment, increase the cost of waste
disposal and threaten the value of investments and
plans companies have made in reliance on the existing
law." Access the NSWMA testimony (click
here, pdf). Access the hearing website for a
complete list of witnesses and complete testimony
which should be posted soon (click
here). Access legislative details on: H.R.
382 (click
here); H.R. 411 (click
here); and H.R. 1730 (click
here).
MDEQ
Director Testifies For Governor On Waste Imports
- Jul 23: MDEQ Director Steven Chester traveled to
Washington D.C. today where he testified before the
House Committee on Energy and Commerce, Subcommittee
on Environment and Hazardous Materials, urging them to
provide states with the ability to plan for the
long-term disposal of solid waste by passing
legislation that will provide states with the tools to
manage the interstate transfer of solid waste.
Director Chester's testimony was on behalf of Governor
Jennifer Granholm who along with six other states
wrote to the Subcommittee Chairman requesting an
expeditious markup of H.R. 1730 which they say would
provide state and local governments with the tools
needed to reasonably limit the amount of out-of-state
and international waste that crosses their borders,
ensuring disposal capacity for their own state's solid
waste and assuring the protection of their state's
natural resources. The hearing, which was scheduled
for 3:00 PM today, addressed three bills -- H.R.
382, H.R. 411 and H.R. 1730. Access an MDEQ release (click
here, posted soon). Access
the hearing website for a complete list of witnesses
and testimony which should be available soon (click
here). Access legislative details on: H.R.
382 (click
here); H.R. 411 (click
here); and H.R. 1730 (click
here).
Stabenow
Waste Petition At 81,416 - Jul 22: 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. The website was originally unveiled a
month ago in early June. The on-line petition calls on
the EPA to enforce provisions of the 1986 Agreement
Concerning the Transboundary Movement of Hazardous
Waste. Under the terms of this treaty, the EPA is to
receive notification of these shipments, and would
then have 30 days to consent or object to the
shipment. The website indicates that "The U.S.
government has the authority to stop Canadian trash
NOW." Stabenow indicates that the treaty
provisions have never been enforced and says, "It’s
time to halt these shipments now, and my Web site
continues to log the names of people who agree. I
would also like to encourage every Michiganian who has
not yet signed the on-line petition on my website to
sign up today and send the EPA a strong message that
Michigan has had enough.” While dozens of bills
have been introduced in the Michigan legislature and
the collective, bipartisian political power of the
State including the Governor's Office, House and
Senate; as well as the Michigan Congressional
delegation and many others have opposed the
imports, no concrete political strategy or solution
appears imminent. Access Senator
Stabenow's website for the current petition count and
link to the petition: (click
here). Access the Canadian Waste Import
Special Report website: (click
here).
Senators
Urge No Canadian Sludge - May 30: Senators Carl
Levin and Debbie Stabenow, both D-Mich., today urged the
Toronto City Council not to approve a proposal reported
by the Detroit News this morning which would allow
Toronto to ship up to 55,000 tons of sewage sludge into
Michigan each year. The Senators wrote to Toronto Mayor
Mel Lastman saying, "Anger against Canada for
exporting its waste to Michigan is palpable and
significant. Our citizens are concerned about landfill
capacity, about the deterioration to our roads and
infrastructure caused by increased vehicular traffic,
and about the risks to public safety, public health, and
the environment from the export of Canadian waste to our
state. Approval of the importation agreement [to ship up
to 55,000 tons of sewage sludge into Michigan each year]
with Republic Services by the Toronto City Council will
have a negative effect on trade relations and tourism
with Ontario." Access a release and the complete
letter (click
here). Senator Stabenow has launched an on-line
sign-up for a letter to the U.S. EPA Administrator
urging enforcement of a treaty between the U.S. &
Canada to stop waste imports. Access the Stabenow letter
sign-up (click
here). Access the latest media coverage (click
here).
Groups
Praise Legislators On Trash - May 20: On the
eve of public hearings on Michigan’s imported trash
problem, Don’t Trash Michigan, a coalition of more
than 24 organizations in Michigan offered praise to a
set of courageous lawmakers who have taken the first
steps in a bipartisan approach to solving the imported
trash problem and challenged the full legislature to
follow-suit. The group laid out a two-part
approach to what it considers to be a solution to the
out-of-state waste problem and called on Lansing to
adopt its proposals. The groups issued a reminder that
the first of three hearings on the waste import issue is
scheduled for May 21, 6:30 PM at Oakland
University, Business & Technology Building, in
Rochester. The groups specifically supported the
legislation introduced by Representatives Jerry Kooiman,
Ruth Johnson and Paul Gieleghem. They also praised
Senators Birkholtz, Thomas, Sandborn and Olshove Access
their release (click
here).
Border
Trash Trucks To Be Inspected - Apr. 4: A
provision added to a bill to help fund the war in Iraq
will also require tough inspections of trash trucks from
Canada to make it more difficult for potential
terrorists to use these trucks to smuggle explosives or
chemical or radiological agents into the country.
The
amendment, sponsored by U.S. Sens. Debbie Stabenow
(D-MI) and Carl Levin (D-MI), will step up
inspections of Canadian trash by requiring a physical
and technological scanning of each truck (some 130 per
day). Inspections are to begin immediately on all
trash-hauling vehicles. By May 1, the amendment states,
both the Ambassador and Blue Water bridges would be
equipped with high-tech detection equipment to search
for the presence of radiological and nuclear materials
and weapons.
Access
a release (click
here).
Trash Inspection Flip-Flop Questioned - Mar. 5:
Congressman John Dingell (D-MI) and Michigan Senators Carl
Levin and Debbie Stabenow have released a letter to the
U.S. Customs Service, which questions Commissioner Robert
Bonner on the Agency's policy regarding the security
threats associated with the transboundary shipment of
municipal solid waste. Recently disclosed internal Customs
Service memoranda revealed that a tougher and more
thorough inspection regime for Canadian trash entering the
United States was rescinded three days before it was
scheduled to take effect. Congressman Dingell said,
"Something smells here, and it's not just the
garbage." Access a release and the complete letter (click
here).
International
Haz Waste Import/Export Workshop - Feb. 11:
According to information posted on the Environment
Canada, Transboundary Movement Branch (TMB) website,
U.S. and Canadian parties will holding a Joint
Cross-Border Client Information Workshop On The Export
& Import Of Hazardous Waste on March 5 & 6,
2003, in Chicago. According to the announcement the
workshop is for "Parties Involved in the
Transboundary Movement of Hazardous Waste." The
workshop will provide an overview of the regulations in
Canada and the USA in order to overcome typical
administrative problems. It will also assists in
addressing issues of security and in reviewing border
procedures for hazardous wastes. Space is limited
and parties are encouraged to email contact
information in advance to ensure receiving an
invitation. In the U.S., email Mary Goslee at the Office
of Compliance, U.S. EPA (click
here). Access the Environment Canada TMB
website (click
here).
CEC
JPAC Update - Jan. 21: The Joint Public
Advisory Committee (JPAC) of the Commission for
Environmental Cooperation (CEC) of North America held a
public workshop on Investing in North America's Future:
Innovative Financing for Sustainable Development in
North America and its JPAC Regular Session 02-04 on 9-10
December 2002, in Monterrey, Nuevo León. Based on the
input from these meetings, JPAC provided advice to the
CEC Council (composed of the environment ministers of
North America) on financing for sustainable development
and transboundary environmental impact assessment, and
discussed issues related to the CEC and JPAC activities.
Access a summary and link to the detailed documents (click
here).
Recent
Michigan Waste Report Article Crossroads
In Waste Import Decision Making, Michigan
Waste Report, V23N09, May 26, 2003
_____________________________________________________________________
Environmental News & Information For 23 Years Publishers of Michigan Waste Report, REGTrak, WIMS Daily & eNewsUSA Jeff Dauphin, President 818 Avenue D, Traverse City, MI 49686-3532 Phone: 231-932-1366, Fax: 231-932-1383 E-Mail: enusa@ecobizport.com URL: http://www.ecobizport.com |
