ZWA Reports: Pennsylvania Legislators Want
A Plan And A Ban
July 15, 1998 - Zero Waste America (ZWA)
reports that a vanguard of Pennsylvania legislators appear
determined to control waste imports, as the state's Governor
Tom Ridge waits in vain for Congressional action.
State Rep. Mark McNaughton has proposed
legislation, House Bill 2512, calling
for a moratorium on issuing permits for new waste disposal
facilities or their expansions until the PA Department of
Environmental Protection (DEP) has "developed,
implemented and received Environmental Protection Agency
(EPA) approval for a State Solid Waste Plan as required by
the federal Solid Waste Disposal Act."
Rep. McNaughton and Rep. David Steil, along
with other Pennsylvania legislators, are also planning to
submit legislation that will invoke a Waste Disposal Ban on
yardwaste. If passed, the Yardwaste Disposal Ban will be the
first comprehensive ban in Pennsylvania. Current state
recycling mandates do not apply to municipalities with
populations exceeding 5,000.
"Reps. McNaughton and Steil are headed
in the right direction. Act 101 and the DEP's myriad of
regulations and voluntary programs do not constitute a waste
management plan, in compliance with RCRA requirements.
Furthermore, waste Disposal Bans are the key to controlling
waste imports," said Lynn Landes, founder of ZWA and a
former member of DEP's Solid Waste Advisory Committee.
On the issue of Disposal Bans, Landes
points to the Federal Court of Appeal, 7th Circuit (Aug 1995)
in National Solid Waste Association v. Meyer (representing
Wisconsin). Although the court ruled against Wisconsin's
attempt to limit waste imports, it suggested an alternative
strategy. The court indicated that although states cannot
discriminate against out-of-state garbage, states can control
waste imports through the implementation of
non-descriminatory regulations, such as comprehensive
Disposal Bans.
In a May 6, 1998 DEP publication, Update,
Governor Tom Ridge insisted that states cannot control
imported waste without Congressional action. "A string
of legal decisions from 1978 to the early 90s has made it
clear that nothing short of congressional action is going to
give states the ability to control imported waste," Gov.
Ridge said.
ZWA s Landes disagrees with Gov.Ridge's
assessment. She points out that these court decisions only
apply to descriminatory and protectionist behavior by the
states, but do not preclude steps to ensure environmental
protection regarding the disposal of waste.