GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE JOINT RESOLUTION 1288

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Sponsors: Representatives Decker; Arnold, Balmer, Barbee, Bowie, Bowman, Brawley, D. Brown, Brubaker, Cole, Culp, Cummings, DeVane, Dockham, Ellis, Esposito, Gamble, Gardner, Grady, Hayes, Holmes, Howard, Ives, Joye, Justus, Lee, McAllister, McCombs, Mitchell, Nichols, J. Preston, Robinson, Russell, Stewart, Tallent, Warner, and P. Wilson.

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Referred to:  Rules, Calendar, and Operations of the House.

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May 7, 1993

A JOINT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO AUTHORIZE THE STATES TO RESTRICT THE IMPORTATION OF NONHAZARDOUS SOLID WASTE FROM OUTSIDE THEIR BORDERS.
Whereas, each citizen of the United States generates, on average, at least four pounds of nonhazardous solid waste per day; and
Whereas, despite ongoing efforts to reduce and recycle waste, the amount of nonhazardous solid waste that is generated is increasing and is expected to continue to increase; and
Whereas, the costs of disposing of nonhazardous solid waste has increased dramatically in recent years and is expected to continue to increase; and
Whereas, despite ongoing efforts to reduce and recycle waste, some significant portion of the nonhazardous solid waste stream will continue to require disposal through incineration and landfilling for the foreseeable future; and
Whereas, the disposal of nonhazardous solid waste has serious negative environmental consequences, particularly on land resources, groundwater resources, and air quality; and
Whereas, increasing public awareness of the economic, social, and environmental costs of nonhazardous solid waste disposal has resulted in intense public opposition to the siting of new nonhazardous solid waste incinerators and landfills as well as to the expansion of existing facilities; and
Whereas, nonhazardous solid waste management has traditionally been a responsibility of state and local governments; and
Whereas, the commerce clause of the Constitution of the United States, as interpreted and applied in decisions of the United States Supreme Court, prohibits states from restricting the importation of wastes from outside their borders without the express consent of the Congress of the United States; and
Whereas, as a consequence to their inability to restrict the importation of nonhazardous solid waste from outside their borders, states are unable to effectively plan for the management of nonhazardous solid waste or to fairly allocate the resources necessary to manage the nonhazardous solid waste that is generated within each state; and
Whereas, a further consequence of the inability of states to restrict the importation of nonhazardous solid waste is that some states are able to unfairly shift the burden of nonhazardous solid waste to other states; and
Whereas, every state has the ability to manage the nonhazardous solid waste that is generated within the state within its borders; and
Whereas, the 102nd Congress considered various proposals that would allow individual states to restrict the importation of nonhazardous solid waste from outside their borders, but failed to enact appropriate legislation; and
Whereas, the 103rd Congress now has before it various proposals that would allow individual states to restrict the importation of nonhazardous solid waste from outside their borders;
Now, therefore, be it resolved by the House of Representatives, the Senate concurring:
Section 1.  The General Assembly of North Carolina urges the 103rd Congress of the United States to promptly enact legislation to allow individual states to restrict the importation of nonhazardous solid waste from outside their borders.
Sec. 2.  The General Assembly of North Carolina urges the members of the Congress of the United States from North Carolina to actively work for the passage of legislation to allow individual states to restrict the importation of nonhazardous solid waste from outside their borders.
Sec. 3.  The Secretary of State shall transmit a certified copy of this resolution to each member of the Congress of the United States from North Carolina, to the Clerk of the United States House of Representatives, and to the Secretary of the United States Senate.
Sec. 4.  This resolution is effective upon ratification.