(By Senator Macnaughtan)

Requesting the Congress of the United States to enact legislation that would enable the states to control the indiscriminate importation of solid waste.

Whereas, The citizens of the state of West Virginia demand that strong solid waste laws be enacted in this state to protect the health and welfare of our citizens and preserve our state's natural beauty and resources; and
Whereas, In the year one thousand nine hundred ninety-one, a special session of the Legislature of the state of West Virginia was held for the express purpose of enacting strong solid waste legislation; and
Whereas, The Legislature has provided a forum, through local solid waste authorities, to empower local citizens to resolve land use conflicts created by proposed commercial solid waste facilities and has also provided the citizens of the state with a referendum process for approval of the siting of Class A solid waste facilities; and
Whereas, The Legislature finds that unrestricted and inadequately controlled disposal of solid waste is a public nuisance which endangers our citizens and diminishes our natural environment; provides harborages and breeding places for disease- carrying, injurious insects, rodents and other pests harmful to the public health, safety and welfare; decreases the value of private and public property; causes pollution, blight and deterioration of the natural beauty and resources of the state; and has adverse economic and social effects on the state and its citizens; and
Whereas, The United States district court for the northern district of West Virginia at Wheeling has entered an injunction order on the fourteenth day of December, one thousand nine hundred ninety-five, enjoining the state from enforcing certain portions of West Virginia's solid waste management law; and
Whereas, The above-mentioned injunction is based on the finding that important provisions of the law are unconstitutional because they violate the interstate commerce clause of the Constitution of the United States; and
Whereas, The commerce clause states that states and local governments cannot regulate interstate commerce unless Congress grants them the authority to do so; and
Whereas, The Congress of the United States has before it bills that would give elected state officials more authority to control waste, more specifically S.534 and Representative Oxley's "Interstate Waste" bill; therefore, be it
Resolved by the Legislature of West Virginia:
That this Legislature supports and seeks the authority for the state of West Virginia to restrict and control the dumping of solid waste in West Virginia, particularly waste generated in other states, and to allow communities and citizens to participate in the regulation and control of solid waste facilities in their region. To meet these goals, the Legislature calls upon the Congress of the United States to enact legislation that would enable the states to control the indiscriminate importation of solid waste.