Tuesday, November 13, 2001

Toronto’s Works Committee expected to increase trash sent to Michigan

In a letter to Betty Disero, chairwoman of the city of Toronto’s Works Committee, and copied to the Mayor of Toronto, Mel Lastman, on behalf of the Engler Administration, Lt. Governor Dick Posthumus urged Toronto city officials to resist the temptation to solve the city’s garbage problem at the expense of Michigan’s environment, economy, and public health and safety.

"The bottom line," Posthumus said, "is that Michigan prepared to meet its waste disposal needs and Toronto did not. Now, the capacity of Michigan landfills, the smooth flow of goods and services across our border with Canada that is vital to Michigan’s economy, and our ongoing efforts to keep our borders safe and secure will all be negatively impacted because of an influx of trash from Toronto. My message to Toronto’s City Council: ‘Michigan doesn’t want your trash.’"

On Wednesday, November 14, the Works Committee is expected to recommend an option in its contract with Wayne County’s Republic Carleton Farms landfill to increase the amount of trash the city ships into Michigan. Data collected by the Michigan Department of Environmental Quality shows that imports of Canadian solid waste increased by 80 percent from 1999 to 2000, to a record level of over 4.2 million cubic yards or 7.5 percent of all the waste deposited in Michigan landfills. Approximately one-third of this imported trash comes from Toronto. Based on Wednesday’s recommendation of the Works Committee, Toronto’s trash exports to Michigan would increase by 450,000 to 735,000 metric tons (1.5 to 2.4 million cubic yards) per year.

In his letter, Posthumus outlined efforts made by Michigan communities to plan for their individual landfill needs, noted the difference between Michigan and Canadian law in the definition of hazardous waste (Canada’s laws are less stringent.), and argued that more cost-effective disposal options are available in Canada.

"Ontario’s Adam’s Mine site in Kirkland Lake presented several advantages," Posthumus wrote, "including providing for the long-term disposal needs of Canadian residents; offering economic benefits for Canada, including retention of jobs in Ontario; and use of railroad lines, which are a safer and more efficient means of waste transportation compared to roads."

Finally, Posthumus noted that he would continue to call on the U.S. Congress to pass legislation that would give Michigan, and states like it, the reasonable tools to limit out-of-state waste imports. On Monday, November 12, Posthumus sent a letter to congressional leaders and Michigan’s congressional delegation to do just that.

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Lt. Governor Posthumus' letter to Ms. Disero:

November 13, 2001

The Honorable Betty Disero, Chair

Works Committee

Toronto City Council

100 Queen Street West, Suite B37

Toronto, CA M5H 2N2

Dear Ms. Disero:

I understand that the Works Committee of the Toronto City Council, which you chair, will soon be receiving a report regarding options for the disposal of Toronto’s municipal solid waste. The impending closure of the Keele Valley landfill lends urgency to your deliberations. While I understand that the city is engaged in talks with at least two firms, Toronto’s current contract with Republic Services gives the city a unilateral right to send 100 percent of its municipal solid waste to Republic’s Carleton Farms landfill in Wayne County, Michigan. All that is required to exercise this option is nine months notice to Republic Services.

As you know, Michigan has a keen interest in encouraging self-sufficiency by Canada and the City of Toronto for managing municipal solid waste. Data collected by the Michigan Department of Environmental Quality shows that imports of Canadian solid waste increased by 80 percent from 1999 to 2000, to a record level of over 4.2 million cubic yards or 7.5 percent of all the waste deposited in Michigan landfills. Approximately one-third of this imported trash comes from Toronto. I am concerned, for many reasons, to learn that in the near future, the City Council may act to further increase Toronto’s trash exports to Michigan by 450,000 to 735,000 metric tons (1.5 to 2.4 million cubic yards) per year based upon the recommendation of the Works Committee.

Uncontrolled imports of solid waste utilize disposal capacity developed as part of Michigan’s comprehensive planning efforts to meet the long-term disposal needs of the state. These imports can undermine that capacity planning effort. Many Michigan communities have invested significantly in resource reduction, reuse, and recycling programs as part of their solid waste plans. Uncontrolled waste imports undermine citizen commitment to these programs and may jeopardize their long-term success.

Differences in hazardous waste laws between Michigan and Canada provide for an opportunity for some materials that are considered solid waste in Ontario, but are hazardous wastes in Michigan, to enter Michigan undetected for disposal as solid waste. Increased waste imports also means there is an increased amount of truck traffic on Michigan roads. Truck traffic continues to be a growing concern because there are currently as many as an estimated 80 trash-hauling trucks per day from Toronto alone and an estimated 180 trash-hauling trucks per day in total from Canada. As the amount of truck traffic increases, the dangers associated with this increased truck traffic also continues to rise.

More cost-effective disposal options are available in Canada; however, waste continues to be transported to Michigan. This was particularly noteworthy in Toronto’s decision to forego the proposal to utilize the Adam’s Mine site in Kirkland Lake. This site presented several advantages including (1) providing for the long-term disposal needs of Canadian residents; (2) offering economic benefits for Canada, including retention of jobs in Ontario; and (3) use of railroad lines, which are a safer and more efficient means of waste transportation compared to roads. In addition, higher costs for disposal in Michigan would intensify the challenges that already exist for Toronto’s city budget.

States have very limited ability to regulate imports of out-of-state waste. Michigan’s focus has and will continue to be on seeking federal legislation to address waste imports; however, Michigan remains optimistic that Congress will grant states the authority to regulate this area of commerce. Until such authority is granted, appropriate action needs to be taken by Canadian and American governments to limit the importation of solid wastes and to ensure that wastes are compliant with the laws of the state where they are disposed.

By way of this letter, I am formally requesting our concerns be noted as the Works Committee deliberates the disposal options during the November 14, 2001 meeting. I understand that committee rules permit legal matters such as the exercise of contract options to be handled in camera, without the benefit of public comment. I also understand that it is the intent of the Works Committee to conduct itself in camera when deciding this issue. Therefore, I wish to personally thank you for submitting this letter into the record during the proceeding.

Sincerely

Dick Posthumus

Lieutenant Governor

cc: Mel Lastman, Mayor

Toronto City Council