“Out-of–State, Out of Mind”
Testimony of
David E. Hess
Secretary
Pennsylvania Department of
Environmental Protection
Before the
U.S. Senate Environment and Public
Works Committee
March 20, 2002
Washington, D.C.
Chairman Jeffords, Senator Smith,
members of the committee my name is David Hess, and I am the Secretary of
Pennsylvania’s Department of Environmental Protection. I am here today on behalf of Governor Mark
Schweiker to talk to you about an issue of great importance to the Commonwealth
of Pennsylvania – interstate waste.
Pennsylvanians have been struggling with
this issue for more than a decade. In
1988, we faced a garbage crisis with only 18 months of total disposal capacity
to the present with an ever increasing flood of waste from outside our borders
almost doubling the millions of tons of garbage disposed of in our state every
year. We solved our problem by building
a statewide waste management infrastructure through a Commonwealth-wide
recycling program and sound, scientifically based landfill standards.
Just a quick glance at our waste
management statistics underscores our concern.
Disposal figures in 2001 indicate that 26.6 million tons of waste was
disposed in Pennsylvania waste facilities.
Of this, nearly half – 12.6 million tons or 47.3% – was imported from at
least 20 states.
Over the past seven years, Governor
Ridge, Governor Schweiker, previous DEP Secretary Jim Seif and I visited many
members of Congress to urge you to resolve this issue. Our message has been simple and consistent –
pass federal legislation giving communities a voice in deciding whether trash
from other states should be disposed of in their communities.
As long as states can export unlimited
quantities of trash to their neighbors, there is no incentive to deal with this
reality by creating their own waste management infrastructure.
For a number of years, states have
attempted to regulate the movement of waste across their borders, only to be
denied that right by the courts.
Earlier this month, the U.S. Supreme
Court refused to review the lower court decision that the Commonwealth of
Virginia’s solid waste laws regulating out-of-state waste unduly interfered
with interstate commerce.
This most recent court action
underscores the need for Congress to act on this issue and provide states with
the ability to manage the importation of municipal waste from other states.
Our resolve in finding a regional
solution to our waste issues remains unchanged, but federal legislation remains
the only key to reducing unwanted trash imports.
The people of Pennsylvania are asking
Congress to give them a voice in deciding whether trash from other states
should come to their communities for disposal.
We are not seeking to build a fence around our borders to turn back
every waste truck, or to turn our backs on the legitimate needs of our
neighbors. We are not asking for
federal money. We are simply asking the
Congress to give the states the authority to place reasonable limits on
unwanted municipal waste imports in a planned, balanced and predictable
manner.
Specifically, Pennsylvania is seeking
federal legislation that gives us some basic tools:
1.
Give
Pennsylvania’s communities the ability to allow the disposal of imported waste
through host community agreements, which would address concerns such as
operating hours, truck traffic, noise and litter before permits are issued;
2.
Impose a
freeze on waste imports immediately, with a predictable schedule for reducing
imports over time;
3.
Allow
states to impose a percentage cap on the amount of imported waste that a new
facility could receive; and
4.
Allow
states to consider in-state capacity as part of the permitting process.
In numerous decisions dating back to
1978, the U.S. Supreme Court has ruled that the transportation and disposal of municipal
waste is interstate commerce, protected by the Constitution, and that states do
not have the authority to limit the flow of waste across state lines, until
Congress grants them that authority.
There have been a number of legislative
efforts that squarely address the interstate waste commerce question and
present a fair and equitable solution to both importing as well as exporting
states.
Legislation introduced by Senator
Specter (S 1194 – June 18, 2001) and a similar bill by Congressman Greenwood
(HR 1213 - March 27, 2001) incorporate similar provisions that Pennsylvania
supports. We have also supported
legislation sponsored by Senators Voinovich and Bayh, and have worked in the
past with Senator Warner and former Senator Robb.
While we wait for Congressional action,
Pennsylvania has moved forward in our efforts to strive for cleaner, safer
communities, and environmentally educated citizens.
Pennsylvania has created a world-class
recycling program that serves over 10 million residents in over 1,485
communities, and has resulted in Pennsylvanians recycling over 32% of all waste
they generated, diverting one-third of our trash from disposal.
In 1988, we recycled 167,000 tons of
materials. Today, we recycle more than
3.4 million tons – more than twenty times as much! Recycling diverts materials destined for disposal, and at the
same time, provides jobs and infuses over $20 billion annually into
Pennsylvania’s economy. There are
currently more than 3,200 recycling and reuse businesses in the Commonwealth,
which employ more than 81,000 people.
And the lessons we’ve learned on environmental responsibility are
invaluable.
Materials that were once considered
unusable and unrecyclable are building better and safer roads. We have begun pilot projects that
incorporate the use of recycled plastics in ‘plasphalt’, glass cullet for pipe
backfill along roadways, and shredded tires as light weight fill in highway
bridge approaches.
Playgrounds and recreational trails are
constructed from discarded tires from waste tire piles that at one time
blighted Pennsylvania’s landscape.
Composting of household organic waste
diverts 21% of food waste and other organic material from the municipal waste
stream adding up to 2.2 million tons annually.
And we have 12 years of permitted
disposal capacity to continue to meet the waste disposal needs of the
Commonwealth using the nation’s toughest environmental standards.
We don't back down from our
responsibilities. We know what the
responsible thing to do is and we do it.
However, the same cannot always be said of our neighbors.
Recently in his proposed budget, Mayor
Michael Bloomberg of New York City announced the 18-month suspension of metal,
glass and plastic recycling programs.
Although their proposal is expected to save the city an estimated $57
million, the real costs are assumed by other states like Pennsylvania. Clearly, if this proposal is passed,
Pennsylvania will receive even more waste.
We sincerely hope the City of New York
recognizes the hard work we have done in Pennsylvania to make our recycling
program one of the best in the nation, and rejects any proposal aimed at
lessening their environmental responsibilities at the costs of others. We have reason to believe that they will and
that they will continue their commitment to waste reduction and recycling.
The city plans to make recommendations
to Governor Pataki and the New York legislature regarding ways to reduce waste
exports and the siting of new landfills outside of New York City. We are committed to being a good neighbor as
demonstrated by our partnership with New York’s city and state officials in
managing waste and demolition debris disposal in the wake of the tragic events
of September 11th.
In addressing Pennsylvania’s waste
capacity issues responsibly, Governor Schweiker has initiated and supported
legislation introduced in the General Assembly that proposes a landfill
moratorium on new permits, limits landfill capacity, and supports host
community agreements that address concerns such as landfill operating hours,
truck traffic, noise and litter.
Trash truck safety is an important
component of the overall waste importation dilemma. The increase in truck
traffic due to the transportation of waste over state lines has resulted in more
traffic accidents, roadside littering, leaking loads and wear-and-tear on our
highways. Trucks hauling trash make
over 600,000 trips a year in Pennsylvania alone.
New tough truck safety legislation has
also been introduced that will establish a comprehensive authorization program
for waste hauling vehicles that operate in Pennsylvania. A complete review of the transporter’s
compliance history will also be required, before a written authorization is
issued. The bill also establishes civil
and criminal penalties for persons who violate the provisions of the written
authorization and continue to have environmental and safety violations.
In an unprecedented effort to reduce the
high rate of safety and environmental violations of trash haulers, our agency,
in conjunction with PennDOT and the PA State Police, launched “Operation Clean
Sweep” – surprise trash truck inspections at every landfill and major
incinerator in the state for eight days straight during May 2001. Over 500 inspectors from all three agencies
participated.
“Operation Clean Sweep” identified
hundreds of unsafe trash trucks – 86% of the trash trucks had safety violations
and more than one-third of the trucks were removed from service as unsafe
vehicles. During “Operation Clean Sweep”
we inspected more than 40,000 trucks, which resulted in over 11,000 safety and
environmental violations issued.
Our democracy is built on the foundation
of empowering people to make choices.
It is also built on fairness.
The citizens of the Commonwealth
of Pennsylvania are asking Congress for a fair and equitable opportunity to
make responsible decisions with regard to waste entering our communities from
out of state – this missing piece of legislative authority will allow us to
better manage and control almost half of the waste disposed of in our
state.
Senators, you have the power to
provide that missing piece.
Pennsylvania has toiled over the past fourteen years to provide a
comprehensive and accountable waste management system to manage the wastes our
citizens generate. We have developed
successful programs to reduce the amount of waste that needs to be managed and
permitted landfill capacity to deal with the remainder. My agency has worked diligently to ensure
the waste industry improves its compliance and safety records. The Pennsylvania General Assembly has worked
to develop equitable solutions for transportation safety and host community
protections. Your help will result in a
complete approach to managing waste rather then a partial solution
Pennsylvania’s efforts alone would deliver.
Pennsylvania looks forward to a
positive response from Congress and stands ready to work with you on developing
legislation that will assure equitable, cost effective and reliable waste
disposal for all communities.