[Date Prev][Date Next][Date Index]

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



-------------------------------------------------------------------------
Enviro-Mich message from "Jeff Surfus" <jeffsurfus@mediaone.net>
-------------------------------------------------------------------------

Steve,

I think that the bill, HB 4317 (DeBeaussaert introduced a mirror image in
the Senate, SB 146) does get at what you're concerned about.  Basically,
my understanding of the bill is that it charges DEQ with looking at other
states that export to Michigan to see if they allow certain wastes in
their waste streams that are not allowed for Michigan residents to put in
the waste (such as used oil, batteries, etc.).  They must certify that the
system is as stringent as Michigan's and that information must be provided
to landfill operators.

The thing that is missing in the bill is the actual language that
specifically prohibits these wastes from being disposed.  It only includes
a notice to other states that we will prohibit.  I would like to see it
strengthened to say "A PERSON SHALL NOT ACCEPT FOR DISPOSAL IN THIS STATE
SOLID WASTE THAT INCLUDES TIRES, BATTERIES, YARD CLIPPINGS, USED OIL, AND
SIMILAR WASTE PRODUCTS, THE DISPOSAL OF WHICH IS RESTRICTED IN THIS
STATE."

Where is the discrimination against out of state wastes here, when we
don't allow Michigan residents to dispose of these materials in the
landfill?

Jeff Surfus
NO WASTE


----- Original Message -----
From: "Steve Leuty" <SCLEUT@kalcounty.com>
To: <enviro-mich@great-lakes.net>; <jamesmec@voyager.net>
Cc: <mjones@allegancounty.org>; <Jcooley@berriencounty.gov>;
<jgruchot@berriencounty.org>; <Sdurfee05@hotmail.com>;
<Sdurfee@house.state.mi.us>; <wgoodnoe@internet1.net>;
<bachledk@msue.msu.edu>; <clawsonb@msue.msu.edu>; <dfox@mucc.org>;
<flechtem@state.mi.us>; <rmzimmerman@telocity.com>
Sent: Thursday, June 21, 2001 8:49 AM
Subject: Re: E-M:/ Capitol Update - June 20, 2001


-------------------------------------------------------------------------
Enviro-Mich message from "Steve Leuty" <SCLEUT@kalcounty.com>
-------------------------------------------------------------------------

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.



=====================
ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at
http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info
enviro-mich"
======================



==============================================================
ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at
http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"
==============================================================