HomeMy WebLinkAboutResolutions - 2002.07.18 - 26812REPORT (MISC. 102155) July 18, 2002
BY: General Government Committee, William R. Patterson, Chairperson
IN RE: MR #02155 — BOARD OF COMMISSIONERS — SUPPORT OF HR 1927 —
SOLID WASTE INTERNATIONAL TRANSPORTATION ACT OF 2001
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed Miscellaneous Resolution
#02155 on July 8, 2002, reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I move
acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried unanimously on a roll call vote.
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July 18, 2002
REPORT MR #02155
BY: PLANNING & BUILDING COMMITTEE, CHARLES E. PALMER,
CHAIRPERSON
RE: BOARD OF COMMISSIONERS — SUPPORT OF H.R. 1927 — SOLID WASTE
INTERNATIONAL TRANSPORTATION ACT OF 2001
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning & Building Committee, having reviewed MR #02155 on July 9, 2002,
recommends the resolution be adopted.
Chairperson, on behalf of the Planning & Building Committee, I move the acceptance of
the foregoing report.
PLANNING & BUILDING COMMITTEE
Planning & Building Committee Vote:
Motion carried on a unanimous roll call vote with Garfield absent.
Miscellaneous Resolution # 02 155 _ _ _
BY: Commissioner Thomas F. Middleton, District #4
RE: Board of Commissioners - Support of HR. 1927 - Solid Waste International
Transportation Act of 2001
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, H.R. 1927, which is cited as the Solid Waste International
Transportation Act of 2001 - amends the Solid Waste Disposal Act to gives States the
authority to enact laws prohibiting or limiting the importation of foreign trash; and
WHEREAS, in 2000, Canadians sent 4.2 million cubic yards of waste to Michigan,
or 7.5% of all garbage sent to Michigan landfills. This amounted to 45% of all imported
trash. The 4.2 million cubic yards from Canada is an 80% increase from 1999; and
WHEREAS, 15% of the trash imported to Washington and New York originates from
Canada; and
WHEREAS, 44% of the trash imported into Oakland County originates from
Canada; and
WHEREAS, Canada originates100% of the trash imported into Genessee County
and 99.9 % of the trash imported into Washtenaw County; and
WHEREAS, a Supreme Court decision in 1978, City of Philadelphia v. New Jersey,
struck down a New Jersey statute which prohibited the importation of most out of state
waste, partially on the basis that the Federal Solid Waste Disposal Act, had no "clear and
manifest purpose of Congress to preempt the entire field of interstate waste, either by
express statutory command, or by implicit legislative design."
WHEREAS, H.R. 1927 is being considered by the United States Congress to give
states the authority to forbid foreign waste by amending the Solid Waste Disposal Act; and
WHEREAS, the expert attorneys in Washington D.C. have agreed that case law and
the Commerce Clause of the U.S. Constitution gives Congress the ability to authorize
states to regulate interstate or foreign commerce in ways they could not without
congressional authorization; and
WHEREAS, giving states the authority to prohibit or limit foreign trash falls under the
authority given to Congress.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners does hereby express its support for the passage of H.R. 1927 - Solid
Waste International Transportation Act of 2001 and the amendment of the Solid Waste
Disposal Act to authorize states to enact laws prohibiting or limiting the importation of
foreign trash.
Resolution #02155 June 13, 2002
BE IT FURTHER RESOLVED that copies of this adopted resolution be forivarded
to the Governor, the Environment and Hazardous Materials Subcommittee of the Energy
and Commerce Committee, Oakland County's United States Senators and Congressional
delegation, the Michigan Association of Counties, the National Association of Counties and
to the County's legislative lobbyists.
Chairperson, I move the adoption of the foregoing Resolution.
Thomas F. Middleton
District #4
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The Chairperson referred the resolution to the General Government Committee and the Planning and Building
Committee. There were no objections.
Resolution #02155 July 18, 2002
Moved by Dingeldey supported by Webster the resolutions on the Consent Agenda be adopted (with
accompanying reports being accepted).
AYES: Brian, Buckley, Causey-Mitchell, Coleman, Crawford, Dingeldey, Douglas, Galloway,
Garfield, Gregory, Law, McPherson, Melton, Middleton, Moffitt, Moss, Palmer, Patterson, Sever,
Suarez, Taub, Webster, Amos, Appel. (24)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, were adopted (with
accompanying reports being accepted).
DOES tiL
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on July 18, 2002,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 18th day of July, 2002.
G. William Caddell, County Clerk
