Date: April 21, 2011
Source: Senator Debbie Stabenow
Michigan Senator Debbie Stabenow (D-MI) is back on the hunt to curb the flow of Canadian waste across the border. This week she introduced legislation called the "Stop Canadian Trash Act," which proposes charging a $500 fee for every truck hauling waste into the U.S. that ostensibly would cover the cost of inspections by Homeland Security. She and others have argued that Michigan receives more than its share of waste because it is cheap relative to other states in the region, never mind its proximity to the large Toronto, ON market. Granted, Michigan charges 21 cents per ton compared to Illinois which charges $2.22 per ton, Iowa's fee ranges from $3.25 to $4.75 and Wisconsin charges nearly $13 per ton. More than 46 million cubic yards of waste were deposited in Michigan landfills in 2010, with nearly 8.8 million cubic yards from Canada, according to a report from the Michigan Department of Environmental Quality. That number is down from 9 million yards in 2009 and 10.7 million yards in 2008 in part due to the economic downturn but also due to a deal Sen. Stabenow and fellow Sen. Carl Levin (D-MI) brokered in 2006 with officials in Ontario to voluntarily reduce waste exports to Michigan.
Sen. Stabenow now argues that it is an issue of national security and points out that only 1 percent of international waste trucks are screened for radiation. The new law would require all trucks be inspected and impose a $10,000 penalty each time an importer failed to provide to the U.S. Customs and Border Protection information relating to the volume and contents of each truck.
The Supreme Court has ruled that only Congress, not states, can regulate interstate waste. But even if Congress passed a ban or other curbs on Canadian waste, this would likely violate the North American Free Trade Agreement (NAFTA) and be challenged accordingly.
See also: "Michigan Senators Want Further Reduction in Wastes from Canada," (www.wasteinfo.com/news/wbj20110118A.htm).
PRESS RELEASE
April 20, 2011
Stop Canadian Trash
Sen. Stabenow Announced Legislation
Following the success of the Stabenow-Levin agreement, which literally slammed the breaks on Ontario's government trash trucks, U.S. Senator Debbie Stabenow announced that she has introduced the Stop Canadian Trash Act (S.840). Her legislation aims to stop the remaining Canadian private waste by changing the financial incentives that makes it cheaper for Canada to dump their waste in Michigan instead of their own landfills. Carlton Farms in Wayne County, Pine Tree Acres in Macomb County, and Brent Run in Genesee County account for 90% of Canadian waste being dumped in the state, according to the Department of Michigan Environmental Quality.
Senator Debbie Stabenow said: "Canadian trash poses serious health, safety, and security threats to Michigan families and communities. Senator Levin and I were able to stop Ontario's city waste from being dumped in our backyard, but now it's time to stop the rest of the trash coming across the border. My legislation, the Stop Canadian Trash Act, will end the financial incentive that makes it cheaper for Canadian companies to dump their trash in Michigan landfills and make sure Homeland Security has the ability to inspect every single trash truck at the border."
Robert Ficano, Wayne County Executive said: "Senator Debbie Stabenow championed the effort to stop the importation of Canadian trash into Michigan. Those efforts have made a major impact in preserving our environment and protecting our citizens."
Fred Miller, Macomb County Commissioner said: "I'm grateful for Sen. Stabenow's leadership on this important environmental and economic development issue. In order to stop the flow of this toxic tide into our state we need to attack the underlying economics of the trash trade, which her legislation would surely do. It will also help protect our fresh water resources, including ground water, that are essential to attracting investment, businesses, and jobs to Michigan."
Archie Bailey, Genesee County Commissioner said: "Thanks to Senator Stabenow's efforts she has already been able to stop 40,000 trash trucks from dumping trash in many Michigan landfills. Her new bill will have a real impact on the Brent Run landfill, where Canada is the leading contributor of trash. I'm glad her new legislation will bring that degrading practice to an abrupt end."
Bonnie Bare, Clio City Councilor said: "I know that I and many of the people in my community have expressed their concern and dislike of Canadian trash being dumped in Montrose for years. I want to thank Senator Stabenow for working so diligently on this issue and look forward to the day when no Canadian trash comes to our state."
Kathleen Law, CLEAN Michigan Director and former State Rep. said: "Michigan is very lucky to have Senator Stabenow fighting for our quality of life. Residents in the 23rd district in Wayne County that I used to represent have seen an immediate decline in the number of trash trucks thanks to her efforts."
Jim Smith, Davison resident and retired GM worker said: "I believe that we have enough of our own trash and do not need any from Canada. I strongly support Senator Stabenow's work to stop Canada from dumping trash in Michigan."
Bryanna McGarry, University of Michigan-Flint student and Flint resident said: "I want to thank Senator Stabenow for the tremendous progress that has already been made in stopping Ontario's municipal trash from coming into Michigan. Her new efforts to stop industrial and commercial waste from coming into Michigan are even more important, because the nature of this type of waste is much more toxic than household trash."
Joanne Braund, Royal Oak Resident said: "We are trying to deal with our own trash and our landfills should not have to take trash from Canada. I am grateful to Senator Stabenow for her past efforts halting 40,000 trash trucks, and her new bill to stop further trash from coming from Canada."
The Stop Canadian Trash Act will require Canadian companies shipping waste to the United States to pay a $500 user fee at the border to provide the Department of Homeland Security with the resources to inspect every trash truck. The fee will be assessed on international trash trucks carrying foreign trash handled or collected by any means from residential, commercial, and industrial sources. Right now, international trash trucks generally pay $5 to haul waste into the United States and only one percent are randomly screened by U.S Customs and Border Protection.
U.S. Customs and Border Protection will require each importer to provide information relating to the volume and contents of each truck and be responsible for inspecting the truck and assessing the user fee at the border. The bill imposes a penalty of $10,000 for each violation when an importer fails to provide Customs with the required information, or falsifies that information.
Not only will the legislation help stop Canadian trash from being dumped in Michigan, it will make the State's border more secure. A 2006 Department of Homeland Security Report found that because so few trucks are thoroughly inspected, dangerous and/or illegal materials can be carried across the border undetected. In fact, the report discusses one instance in 2004 where 1,900 pounds of marijuana were found in the back of a trash truck after the truck received a more thorough inspection. Senator Stabenow's bill will help address this issue by making sure the Department of Homeland Security has the resources it needs to ensure that trash trucks are not bringing dangerous and illegal materials into Michigan.
For more information on the Stabenow-Levin agreement that has already halted 40,000 Canadian trash trucks per year: stabenow.senate.gov/?p=issue&id=71.
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