Copyright Chicago Tribune Co. Apr 30, 2004

A 'sting' on out-of-state trash trucks found that 42 percent of inspected vehicles were unsafe.

After many failed battles, U.S. Rep Jo Ann Davis is trying to resurrect Virginia's war against out-of-state trash.

As ammunition for her cause, Davis cites a State Police operation last year that put 16 trash trucks out of service for vehicle violations, out of 38 garbage trucks inspected.

"If Virginia is forced to allow unlimited trash importation," said Davis, R-Gloucester, "then at least the trucks flooding the highways should be safe."

Virginia is second only to Pennsylvania for accepting out-of- state trash, with 5.4 million tons brought to Virginia in 2002.

State troopers pulled over carriers with poor track records and trucks with "obvious defects" such as burned-out lights or poorly secured loads. The inspections took place over three days at popular routes for out-of-state truckers -- a weigh station in King George County and landfill routes in King William and King and Queen counties.

About 42 percent of the inspected trash trucks were pulled out of service in the sting. The statewide average is 25.5 percent, and the national average is 27.7 percent, according to the Federal Motor Carrier Safety Administration.

But State Police Lt. Herb Bridges doesn't even consider the operation a "sting," because it only involved a handful of troopers over a three-day period.

"This short period of time and this small count of vehicles probably is not a real true picture," Bridges said. "Statistically, this would not be a good cross-section."

Troopers inspect trucks across the state every day. But Davis helped get federal funding last year to support the concentrated enforcement to bolster her point -- many trash trucks aren't safe, and the state deserves authority to regulate them.

The past two years, Davis has tried and failed to get federal legislation giving Virginia and other states that authority. This year, she said, she'll try again.

"You can't give up," she said. "If Henry Ford had given up you wouldn't be driving a car today."

Davis also asked the Federal Motor Carrier Safety Administration, an arm of the U.S. Department of Transportation, to take a hard look at its waste transport rules to make sure they're stringent enough. A report is due to Congress in October.

Virginia passed laws to limit out-of-state trash in 1999. A federal court struck down the laws, saying that only Congress had the power to regulate interstate trade. That opened the door for trash barges to soon make their way up the James River to a Charles City County landfill, unless environmental groups win a court challenge.

Much of the out-of-state trash is heading to the King and Queen County landfill, which is owned by the county and managed by BFI. Residents along the trash routes complain about accidents and litter.

In one incident two years ago, a wheel flew off an out-of-state truck and bounced into Marie's Restaurant in West Point, causing enough damage to shut down the popular eatery. Owner Cheryl Bernoski said she still hasn't reopened the 40-year-old business because she can't track down the truck owner's insurance company. She was glad to hear of last year's enforcement measure.

"That's something that should have been done a long time ago, because there's been a lot of tragedy caused by these trash trucks," Bernoski said.

The King and Queen County Board of Supervisors recently met with BFI officials. County Administrator Ronald Hachey said he already sees improvements with the drivers.

"They're slowing down," he said. "BFI is making some changes to get rid of some of the truckers that are problem drivers."

Failing the grade

Percentage of trucks pulled out of service after failing inspection

Average percentage of trucks that fail inspection in Virginia

Average percentage of trucks that fail inspection in U.S.