Without a doubt, this is a significant issue for the citizens, government, and business interests in the Commonwealth of Pennsylvania. As many are aware, the Commonwealth has the dubious distinction of being the number one importer of out-of-state waste. In fact, since 1993 when the state lead all others in trash imports, imports have increased by sixty percent. Additionally, Pennsylvania is surrounded by three states that annually export more than 1 million tons of waste, at a minimum, to their neighbors. With the looming pressures of consolidation within the waste management industry, leading to more regional concentration of waste disposal, coupled with the pending closure of New York City's Fresh Kills Landfill in 2001, I strongly believe the time for Congressional action is before us.
While the focus of the committee's hearing will be directed towards two bills, those introduced by the Senate delegations from Ohio and Virginia, I am a cosponsor of legislation, S. 663, The Solid Waste Interstate Transportation and Local Authority Act of 1999, that was introduced by Pennsylvania's senior Senator. Such regional, and unified state interest merely serves to highlight the importance and need for an in-depth Congressional look at the issue of interstate waste disposal. Even further, federal court decisions have determined that state and local governments cannot restrict shipments of interstate waste as they are protected under the Constitution, by the interstate commerce clause, thereby leaving the authority with Congress. While there have been numerous legislative attempts to give states certain authority over shipments of interstate waste since the 103rd Congress, a consensus measure has never been reached.
With the leadership of Chairman Chafee, the dedication of Senator Bob Smith coupled with the ongoing efforts of many governors who have been meeting to find a mutually agreeable solution, the opportunity exists for Congress to step forward. Any future legislation will need to carefully balance the rights of states and their local governments to oversee and guide waste disposal; the needs of waste exporting communities; existing contracts with local governments; and what type of waste would qualify for restriction.
Mr. Chairman, I appreciate your willingness to address this very timely issue, and hope that you will give continued consideration to all legislative initiatives addressing the disposal of interstate waste.