HCR INTR
HOUSE CONCURRENT RESOLUTION NO.
(By Mr. Chambers, Mr. Speaker and Delegate Ashley)

H. C. R. , "The West Virginia 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."
Whereas, The citizens of the State of West Virginia demanded 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 1991 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 tothe 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 December 14, 1995 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 U.S. Constitution; 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 U.S. Congress 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 toparticipate 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.