Rep. Wittman hopes to take late Rep. Davis' legislative efforts on trash imports to the next level.

Date published: 6/17/2008

'WE'RE NO. 1' won't be a claim to take pride in if Virginia becomes the nation's top importer of out-of-state trash. Though it is now No. 2, that could change as No. 1 Pennsylvania sees its remaining landfill space diminish--and once barging of trash from New York into Virginia begins.

But if legislation introduced by 1st District Rep. Rob Witt-man becomes law, Virginia and other trash-importing states and their local communities would gain some needed latitude in regulating the imports. Past efforts to accomplish just that have hit roadblocks.

The late Rep. Jo Ann Davis had introduced several bills designed to provide some regulatory clout. She fine-tuned her bills and amended others' in hopes of helping them clear legislative and court hurdles.

Landfill permits in states such as Virginia and Ohio, for example, are issued for the life of the landfill and prevent revision. Her final bill on the issue established universal ground rules for all states, allowed Virginia to set percentage caps on existing agreements, and allowed local governments to negotiate smaller landfill contracts.

Rep. Wittman, Mrs. Davis' successor, has reintroduced her bill as HR 6166. This will be one of his first opportunities to rally a legislative coalition in the House, encourage introduction of a companion bill in the Senate, and seek the support of Gov. Tim Kaine and other key Virginia leaders.

This is not a problem Virginia can solve by itself. State legislation to limit trash imports was struck down by the U.S. Supreme Court, which ruled that the industry qualifies as interstate commerce and is protected from state restraint. So the trash just keeps coming into Virginia--more than 7 million tons in 2007.

The ability to import trash represents a revenue windfall for localities with large landfills, such as King George. The funds help pay for capital projects such as schools without taxpayers shouldering the full burden. But accepting endless loads of trash fills up existing landfills sooner, leading to more Virginia countryside becoming landfill space. The trucks that haul that garbage here contribute pollutants to the air, and the anticipated trash barges will carry the threat of waterway pollution.

States such as Virginia deserve to have some regulatory power over the importation of this unsavory commodity. Perhaps Rep. Wittman's bill will finally allow common sense to prevail.

Date published: 6/17/2008