HOUSE CONCURRENT RESOLUTION 14
(By Mr. Speaker, Mr. Chambers, and Delegate Ashley)
H. C. R. 14--"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 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 to the
public health, safety and welfare; decreases the value of privateand 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 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 tocontrol the indiscriminate importation of solid waste.