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Proposed legislation may restrict trash importation

April 26, 2007

Some Michigan Democrats want to use the power of economics to reduce the amount of Canadian trash in state landfills.

A bill sponsored by Rep. Kathleen Law, D-Wayne County, could raise Michigan's dumping cost from 21 cents a ton to $7.50 a ton. The bill passed Michigan's House on April 17.

Proponents of the legislation say raising the dumping cost in Michigan would reduce the importation of Canadian trash and other out-of-state waste. The bill also would raise the dumping cost for Michigan residents. Concerns have been voiced over whether it would hurt the state's economy.

"The bill is intended to change the business dynamic," Law said. "At 21 cents a ton, it makes business sense to dump in Michigan."

Imported waste from other states totaled nearly 7 million cubic yards during the 2006 fiscal year. Canada, however, dumped more than 12 million cubic yards of trash in the state's landfills. Michigan's in-state waste added up to just under 43 million cubic yards of trash for the same period.

The Michigan Department of Environmental Quality works to stop the importation of trash, said department spokesman Bob McCann, adding that the state's low dumping fee is a major cause for the amount of out-of-state waste in Michigan landfills.

"The problem is Michigan's charge is disproportionally lower than other states," he said. "It seems strange that you would drive a dump truck from Toronto to Michigan instead of dumping it locally, but there is an economic interest."

Rep. Howard Walker, R-Traverse City, agreed that imported trash is a problem, but said Michigan should look to legislatively ban it — not raise taxes.

"It's a terribly wrong way to go," he said. "It's not going to accomplish what we were told it was going to accomplish."

Trash haulers importing Canadian waste have existing contracts with Michigan landfills, and because of this, only Michigan residents would be forced to pay the higher price for dumping, Walker said. He also added that the bill would place an unnecessary burden on Michigan residents.

For a solution to the problem, Walker pointed to legislation sponsored by U.S. Rep. Mike Rogers, R-Brighton.

The U.S. government currently views trash as a commodity, therefore it is regulated by Congress. In 1992, the U.S. Supreme Court reviewed the law and decided that states do not have the right to restrict the importation of international waste.

Rogers created a bill that passed through the U.S. House of Representatives on Tuesday, and it is now awaiting approval from the Senate. If made into law, his legislation would allow states to regulate the importation of trash without approval from Congress.

"When you raise those fees, you are not raising them just for Canadians," said Sylvia Warner, spokeswoman for Rogers. "The congressman's bill would not raise taxes on the citizens of Michigan."

Law said she plans on drafting a separate bill which would return most of the new tax revenue back to communities for recycling programs. As of right now, there is no stipulation as to how the revenue would be used.

On average, a family of four in Michigan dumps 1.63 tons of trash a year. With those figures, Law said the average family would pay $15 a year if the charge was raised to $7.50 a ton.

"I think you could find that in your pocket change," she said. "It's not a bank breaker. There is no such thing as a free lunch."

While Law said the cost for Michigan families will be relatively low, Warner said businesses will be hurt by an increase in the dumping tax.

"When you put this burden on businesses, they cannot create anymore jobs," Warner said. "With Michigan's economy, the last thing we should be doing is raising taxes."

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