From the office of U.S. Representative Jo Ann S. Davis
January 6, 2005
Congresswoman Jo Ann Davis Introduces the Solid Waste Transportation Act of 2005
Local lawmaker’s measure would provide local and state control over the importation of interstate waste
Congresswoman Jo Ann Davis has introduced HR 274, the Solid Waste Transportation Act of 2005, which will provide local and state control over the importation of interstate waste. Currently, the Commonwealth of Virginia has no control over the amount of waste being imported over the borders by other states.
"The Commonwealth of Virginia is the nation’s second largest importer of interstate trash, and under current law, the people of Virginia have absolutely no say in the amount of trash being brought in each year," said Congresswoman Jo Ann Davis, who has been a longstanding advocate of efforts to empower Virginia with the choice to limit interstate waste. "My legislation will give both states and localities control over limiting waste imports and allow states the ability to put percentage caps on landfill facilities," added Davis.
Specifically, this measure will provide localities with control over limiting waste by granting localities import control over smaller facilities. Under this legislation, if a landfill takes under 100,000 tons of municipal solid waste a year, local governments will have the option to limit imports unless the landfill has a host community agreement or permit. This is known as a presumptive ban, which presumes that waste imports are banned unless requirements (such as host community agreements) are met.
States will have a say in imports with landfills that take over 100,000 tons of waste a year. States will have control over limiting imports and can put percentage caps on facilities. The state legislature would determine what percentage can be imported from out of state into the facilities
"This bill will help all states in the nation, but particularly Virginia - a state among a number of others that issues permits for the life of the facility," said Davis. "Under current law, lifetime agreements including permits and host community agreements do not need to be renewed, therefore there is no opportunity to limit waste. This measure will give the state the ability to impose caps on larger facilities if it is deemed necessary," added Davis.
"The importing of interstate waste into Virginia should be regulated by Richmond - not Washington, DC, and my enabling legislation at the federal level will provide local and state control over a local and state matter," said Davis. "Virginia must have the power to determine the amount of waste it imports from other states," added Davis.
Virginia issues solid waste report for 2003
FOR IMMEDIATE RELEASE
CONTACT: Bill Hayden
(804) 698-4447
6/28/2004
RICHMOND, VA. – The Department of Environmental Quality released its annual report today on solid waste management in Virginia. The report includes the amounts of solid waste managed in Virginia in 2003, the amounts and sources of solid waste generated outside the Commonwealth, and information on waste related to Hurricane Isabel.
The total amount of solid waste (excluding waste from Isabel) received at Virginia facilities during 2003 increased by about 2.2 million tons from 2002. Solid waste includes municipal solid waste, construction and demolition debris, sludge and other types of waste. The amount from outside Virginia increased by about 1.2 million tons (21.6 percent), and the amount from within Virginia increased by about 1 million tons (6.2 percent).
Other findings of the report include:
Of more than 25.2 million tons of solid waste reported in 2003, about 16.7 million tons were municipal solid waste, which is trash from households and businesses.
The total amount of municipal solid waste generated outside Virginia was about 5.5 million tons, an increase of 980,331 tons (21.7 percent). Maryland, New York, Washington, D.C., and North Carolina accounted for about 93 percent of the waste received from out-of-state sources.
The 2003 report also estimates available landfill capacity in Virginia and the expected life span of landfills at current disposal rates. Landfills reported capacity of about 253.9 million tons for municipal solid waste, which would last 18.3 years.
Amounts of waste from Hurricane Isabel were reported separately, because the hurricane was an isolated event during 2003. Wood debris consisted of about 98 percent of the 3.4 million tons of waste generated from Isabel.
Courts have ruled that states cannot limit the disposal of out-of-state trash. Virginia passed legislation in 1999 that strengthened the state’s oversight of landfills, but several of the provisions were struck down by the federal courts. Congress is considering legislation that would allow Virginia to limit these imports, but without congressional action states can only ensure that landfills and other waste disposal facilities are operated safely. The solid waste report for 2003 is available on the DEQ web site.
From the office of U.S. Representative Jo Ann S. Davis
For Immediate Release
Contact: Chris Connelly
Date: April 29, 2004
Phone - 202.225.4261
The Results Are In: Trash Truck Strike Force Stings Turn Up 42% Out-of-Service Rate
Local lawmaker's efforts to evaluate safety of trash trucks into Virginia sees 'out of service' rate almost double the national average; Davis calls findings alarming
(Washington, DC) - Citing the need to increase transportation safety, Congresswoman Jo Ann Davis (VA-01) was successful last year in implementing a measure requiring law enforcement to conduct three (3) concentrated roadside inspection strike forces on interstate haulers on Virginia's roadways. These stings were concentrated on the Dahlgren Weigh Station on US Route 301 as well as Routes 14, 33 and 17 in King William and King and Queen Counties in May of last year, and the results are now in. Findings from the stings show that 42% of the vehicles inspected were placed out of service, a figure that is almost double the official 'out of service' percentage of just a year ago.
"Nearly one out of two vehicles inspected in these safety sting operations were placed out of service," said Congresswoman Jo Ann Davis, who has been a leading force in working to provide Virginia with the authority to determine the amount of trash the Commonwealth has to import across borders. "These figures are alarming, and once again highlight the need to ensure that if Virginia is forced to allow unlimited trash importation, then at least the trucks flooding the highways should be safe. The inspection numbers found in these stings would suggest that when you see a trash truck on the road, there is a decent possibility that while the driver is doing his job, the vehicle is not," added Davis, noting that while forty-two percent of the trucks were put out of service, no driver's were faulted for personal driver violations. "Figures show that trash truck drivers are some of the safest drivers on the road, while their vehicles are some of the most dangerous," added Davis.
Specifically, the findings, which were compiled by the Federal Motor Carrier Safety Administration (FMCSA) found that of the total of 38 inspections that were conducted in the three, one day stings, 42 percent were placed out of service, while no drivers were cited with out of service violations. In comparison, the national vehicle out-of-service rate in 2002 for trash haulers was 25.5 percent with a driver out of service rate of 6.2 percent.
The Virginia vehicle out of service rate in 2002 was 27.7 percent and the driver out of service rate was 5.2 percent. For commercial carriers in general, the 2002 numbers found nationally that 23 percent of trucks and 7 percent of drivers were placed out of service, and Virginia stats for commercial trucks found 23 percent of trucks and 6 percent of drivers were placed out of service. The inspections targeted commercial motor vehicles with obvious defects, carriers with high Inspection Selection System scores, and carriers with a history of problems known to the State Troopers performing the inspections.
"This was a smaller sting and sample, so it is possible a larger sampling would bring us better results. However, there is as good a chance that a larger sampling would turn up the same numbers, if not higher, and this is a grave concern," said Davis. "Either way you look at it, let's put ourselves in the position of the folks in King William and King and Queen Counties who had almost half the trucks inspected in their area over a three day period taken off the road. The rural routes in these areas are residential, and the communities need to be protected from the dangers of trucks that are unfit to be on the roads," added Davis.
In a related matter, Virginia Governor Mark Warner has endorsed HR 1123, Davis' legislation to provide Virginia with a say in the amount of trash it must import. Currently, Virginia does not have a say in how much trash they must import into local landfills.
"I appreciate Governor Warner's support on this important piece of legislation," said Davis. "The Commonwealth of Virginia is the nation's second largest importer of interstate trash, and under current law, the people of Virginia have absolutely no say in the amount of trash brought in each year. My legislation is simple: states would have the authority to regulate out of state waste by receiving Commerce Clause immunity," added Davis.
Davis said that the State Waste Empowerment and Enforcement Provision Act would also give protection from constitutional challenge to other commonsense regulations of waste haulers that have previously been ruled violations of the Commerce Clause. These include requiring inspectors at landfills, incinerators, and transfer stations that accept out of state municipal solid waste.
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