Monday, November 12, 2001

In a letter sent today to the chairmen of the U.S. House of Representatives Committee on Energy and Commerce, its Subcommittee on Environmental and Hazardous Materials and copied to all members of Michigan’s congressional delegation, Lt. Governor Dick Posthumus called on Congress to pass legislation that would provide Michigan and other states with the tools needed to limit out-of-state trash imports. The letter comes as Michigan continues to work with the Bush Administration to reduce congestion and provide needed security at Michigan’s border crossings with Canada.

In the letter, Posthumus noted that Canada alone sent more than 4.2 million cubic yards of trash to Michigan landfills last year, up 80 percent from Fiscal Year 1999. On Wednesday, November 14, the City Council of Toronto will consider a plan to increase this amount by more than 450,000 metric tons over the next two years, despite the fact that viable disposal options in Canada do exist. Some estimate 180, 30-ton trucks per day, each way, cross the Michigan-Ontario border delivering Canadian garbage for disposal in Michigan facilities.

"Since the terrorist attacks of September 11th, security measures implemented at our international border have been significantly enhanced," Posthumus wrote. "As a result, traffic congestion at the border in the days following the terrorist attacks was at an all time high. The crossings were initially closed, and delays of up to 20 hours were reported once they reopened. For Michigan’s automotive industry, the smooth flow of goods for ‘just in time’ delivery represents over $300 million in daily trade, and a border delay of as little as 20 minutes can result in costly assembly line shutdowns."

Posthumus also raised with Congressional leaders his concerns for public safety in regard to the influx of Canadian trash.

"As we work to develop and implement long-term strategies for securing our borders from terrorist threats…it is critical that we protect the public’s health and safety from any potential threat that may attempt to cross our border. Federal legislation that helps stem the increasing tide of Canadian trash truck traffic at the border is important in achieving this goal," Posthumus said.

In 1992, U.S. Supreme Court ruled that states do not have the authority to limit the importation of trash without Congressional consent. HR 1213, legislation introduced by Congressman Jim Greenwood of Pennsylvania, would provide Michigan and other states with that authority, and Posthumus reiterated his strong support for the bill.

"Congressional action is long overdue," Posthumus said. "To keep our borders safe and our economy moving, the time to act is now."

Lt. Governor Posthumus' letter to Congress:

November 12, 2001

Dear Chairmen Tauzin and Gillmor:

Congressional action authorizing states to limit out-of-state municipal solid waste imports is long overdue. I encourage you to expeditiously move legislation that would provide Michigan and other states with the tools we need to preserve capacity for our own waste disposal needs, protect the environment, and ensure the public health and safety of our residents.

For far too long, we in Michigan have asserted that states should have a stronger say in whether or not we will accept imports of trash from other countries and other states. The U.S. Supreme Court in Fort Gratiot Sanitary Landfill v. Michigan Department of Natural Resources et al., 1992, ruled that without congressional consent, states cannot regulate trash because it is "an article of commerce." Consequently, enormous amounts of out-of-state and Canadian waste is dumped in Michigan – equivalent to 20 percent of all the solid waste that is generated annually within our state.

The unrestricted importation of Canadian trash across our borders poses significant challenges for our economy and risks to our public safety. The increasing volume of waste imports undermines long-term comprehensive solid waste management planning at the local level and frustrates our ability to promote recycling and reuse. It reduces waste disposal capacity created by our local communities and increases the potential for inadvertent or illegal transport, disposal, or distribution of hazardous materials that could harm Michigan's natural resources and public health. In light of the recent terrorist attacks, eliminating this potential threat is critical. However, because of the Fort Gratiot decision, we cannot address these challenges without Congressional authorization.

Canada alone sent more than 4.2 million cubic yards of trash to Michigan landfills last year, up 80 percent from Fiscal Year 1999. As the amount of truck traffic carrying waste increases, congestion at the border and the dangers associated with increased truck traffic also continues to rise. An estimated 180 30-ton trucks per day, each way, cross the Michigan-Ontario border, delivering Canadian garbage for disposal in Michigan facilities.

Since the terrorist attacks of September 11th, security measures implemented at our international border have been significantly enhanced. As a result, traffic congestion at the border in the days following the terrorist attacks was at an all time high. The crossings were initially closed, and delays of up to 20 hours were reported once they reopened. For Michigan’s automotive industry, the smooth flow of goods for "just in time" delivery represents over $300 million in daily trade, and a border delay of as little as 20 minutes can result in costly assembly line shutdowns.

The State of Michigan was quick to respond to these developments, and Michigan National Guard troops were deployed to assist U.S. Customs agents at the border. State law enforcement officials were placed on heightened alert for security reasons at our international tunnel and bridges. In addition, Michigan officials have worked closely with President Bush, Governor Ridge and the Office of Homeland Security to ensure our border with Canada is secure and commerce moves smoothly. As we work to develop and implement long-term strategies for securing our borders from terrorist threats, it is critical to the Michigan economy that the delivery of valuable goods and services are not delayed. It is also critical that we protect the public’s health and safety from any potential threat that may attempt to cross our border. Federal legislation that helps stem the increasing tide of Canadian trash truck traffic at the border would be a helpful in achieving both goals.

We appreciated the opportunity for Michigan officials to express our views at the hearing on managing the municipal solid waste that was held by Chairman Gillmor and the Subcommittee on Environment and Hazardous Materials prior to the August Congressional recess. I reiterate Michigan's strong support for the passage of H.R. 1213, introduced by Congressman Jim Greenwood of Pennsylvania, to provide states with reasonable tools to limit out-of-state waste imports. Now is the time to move this legislation forward.

On behalf of the people of Michigan, I want to extend our willingness to work with the House Energy and Commerce Committee, as well as the entire Congress and the Bush Administration to increase border security, enhance public safety, and promote economic recovery. Limiting trash imports from Canada is consistent with these objectives.

Sincerely,

Dick Posthumus

Lt. Governor