SENATE CONCURRENT RESOLUTION NO. 7
(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.