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Re: E-M:/ Capitol Update - June 20, 2001



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Enviro-Mich message from "Steve Leuty" <SCLEUT@kalcounty.com>
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Thank you James for the update.

HB 4317 appears to make the same mistake that Wisconsin made when it passed legislation requiring out-of-state communities to have adequate community recycling programs in exchange for the right for out-of-state communities to dispose their solid waste in Wisconsin landfills. The legislation was found unconstitutional because a state's jurisdiction stops at its borders. However, a constitutionally sound way of reaching the same objective is to ban batteries, used motor oil, CRTs from TVs and monitors, and even beverage containers (as Sen. DeBeaussaert's SB 314 once proposed) from Michigan landfills and incinerators. This method is considered constitutional since it does not discriminate against out-of-state waste (shipments of out-of-state waste have to follow the same rules as in-state waste) and it governs within the state's boundaries.

Would someone please explain to me why contitutionally-sound legislative attempts to control out-of-state waste and promote in-state efforts to reduce waste (such as Sen. DeBeaussaert's bill) appear to be stuck, and instead we're now getting legislation which has no legal legitimacy? Without others' insights, I assume that the answer may be that the Michigan waste industry (the association of landfill operators and waste haulers) has bought off enough politicians, so Lansing is just making noise without any real interest in relieving Michigan of the honor of being the 3rd or 4th largest importer of solid waste in the U.S.

Steve Leuty
Kalamazoo County Recycling Coordinator
616-384-8110

>>> James Clift <jamesmec@voyager.net> 06/20/01 06:20PM >>>
Capitol Update  - June 20, 2001

Hearing Scheduled on Bill to Limit Trash Imports

The House Land Use and Environment Committee will take testimony on HB
4317 (Gieleghem) on Tuesday (6/26) in room 326 of the House Office
Building.. The bill would require other states and Canada to ban the
items Michigan does for health purposes, such as batteries and used oil
before they could have access to our landfills and incinerators.   The
bill will not be voted on at this hearing.



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