PRINTER'S NO. 815
No. 32 Session of 1997
INTRODUCED BY MADIGAN, MUSTO, MOWERY, AFFLERBACH, KASUNIC,
PICCOLA, SALVATORE, DELP, BELL, TOMLINSON, PUNT, O'PAKE,
CORMAN, WENGER, HELFRICK, WHITE, ULIANA, STAPLETON, HART,
RHOADES, SLOCUM, BODACK, STOUT AND THOMPSON, MARCH 20, 1997
REFERRED TO INTERGOVERNMENTAL AFFAIRS, MARCH 20, 1997
A RESOLUTION
1 Memorializing the Clinton Administration, the Congress of the
2 United States and the Governor of New York to support and to
3 approve legislation that would give states authority to place
4 reasonable restrictions upon the importation of solid waste.
5 WHEREAS, The United States Supreme Court has issued a series
6 of decisions holding that the Commerce Clause of the
7 Constitution of the United States prohibits states from
8 restricting the importation of solid waste from other states;
9 and
10 WHEREAS, Over the past several years owners and operators of
11 solid waste landfills located in this Commonwealth have
12 increased significantly the amount of solid waste that they
13 accept from other states; and
14 WHEREAS, According to statistics compiled by the Department
15 of Environmental Protection, the percentage of solid waste
16 deposited in this Commonwealth that is imported from other
17 states has increased in each of the past six years; and
18 WHEREAS, According to statistics compiled by the Department
1 of Environmental Protection of this Commonwealth, in 1996
2 imported waste made up 43% of the solid waste deposited in
3 landfills located in this Commonwealth; and
4 WHEREAS, New York State and New York City have announced
5 plans to close by the year 2001 the Fresh Kills landfill located
6 on Staten Island, which currently accepts 13,000 tons of waste
7 per day from New York City, and the city's sanitation director
8 stated that the city would consider sending its waste to
9 landfills in Pennsylvania, among other places; and
10 WHEREAS, Governor Tom Ridge has notified the Governor of New
11 York that the recently released report on how New York State and
12 New York City will handle the closure of Fresh Kills did not
13 adequately address limiting the exportation of the waste from
14 Fresh Kills or steps New York State will take to plan for the
15 construction of disposal facilities; and
16 WHEREAS, The present and projected future levels of solid
17 waste that owners and operators of landfills and incinerators
18 located in this Commonwealth import from other states pose
19 environmental, aesthetic and traffic problems and is unfair to
20 citizens of this Commonwealth, particularly citizens living in
21 areas where landfills and incinerators are located; and
22 WHEREAS, In 1988 the Commonwealth adopted a law designed to
23 reduce the need for additional landfills and incinerators by
24 requiring and encouraging recycling of certain materials; and
25 WHEREAS, It is within the power of Congress to delegate
26 authority to the states to restrict the amount of solid waste
27 they import from other states; and
28 WHEREAS, Legislation has been introduced in both houses of
29 Congress that would give states authority to impose reasonable
30 restrictions on the amount of solid waste imported from other
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1 states; and
2 WHEREAS, Passage of such legislation by Congress may hinge
3 upon the success of negotiations between certain states that
4 import and export trash; and
5 WHEREAS, Governor Ridge and the governors of four other
6 states wrote to the Honorable George Pataki, Governor of New
7 York, expressing their desire to reach an accord on authorizing
8 states to place reasonable limits on the importation of solid
9 waste; and
10 WHEREAS, The failure of Congress to act will harm this
11 Commonwealth by allowing the continued unrestricted flow of
12 solid waste generated in other states to landfills and
13 incinerators located in this Commonwealth; therefore be it
14 RESOLVED, That the Senate memorialize the Clinton
15 Administration and Congress to support legislation authorizing
16 states to restrict the amount of solid waste being imported from
17 other states unless specifically accepted pursuant to written
18 host agreements with host municipalities; and be it further
19 RESOLVED, That the Senate memorialize the Governor of New
20 York to support the legislation giving states the authority to
21 place reasonable restrictions upon the amount of solid waste
22 imported from other states unless specifically accepted pursuant
23 to written host agreements with host municipalities; and be it
24 further
25 RESOLVED, That the Senate memorialize the President of the
26 United States to support legislation authorizing states to
27 restrict the amount of solid waste they import from other states
28 unless specifically accepted pursuant to written host agreements
29 with host municipalities; and be it further
30 RESOLVED, That copies of this resolution be transmitted to
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1 the Honorable William Clinton, President of the United States;
2 the Honorable George Pataki, Governor of New York; the presiding
3 officer of each house of Congress; and to each member of
4 Congress from Pennsylvania.
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