2007 Solid Waste Management Plan

4.3 Importation of Solid Waste
In several areas of the nation waste importation has become a controversial issue. Especially in the Eastern part of the country, where space is at a premium, solid waste tends to flow across state lines from areas of higher to lower urbanization. Because the US Supreme Court has ruled that waste is an article of commerce, no State or local government can establish rules that discriminate against disposal of waste based on its State of origin.

Federal landfill standards established in the last decade caused a trend toward regionalization of landfills. As previously noted, in addition to the large increases in waste importation over the last decade, both business interests and rural community development planners have begun to market existing, and potential, Nevada disposal capacity to out-of-state customers. Please see Figure 6 for a graphic depiction of the origin and disposition of Nevada's current waste importation.

Figure 6. Solid waste importation into Nevada from surrounding States.

Given this trend and the US Supreme Court's prohibition against restrictions on the flow of waste, it appears that Nevada is likely to remain a "net" waste importer. Arguments can be made that solid waste importation provides an economic benefit to local communities, provides jobs, and offsets community solid waste management's costs. This Plan suggests Nevada should focus on how to be better prepared to manage the additional waste in a manner that continues to protect public health and the environment, while promoting an ethic of waste reduction and resource conservation.

While some may see the economic benefits of waste importation, there are also costs. Solid waste importation brings with it more truck traffic and more roadside litter along routes to Nevada's landfills. There is also a regulatory burden - new landfills, transfer stations and transportation mean additional permitting application reviews, and facility inspections. Industrial and special wastes that are generated in other states also bring new regulatory challenges to Nevada.

Opinions differ as to whether the current funding for Nevada's solid waste programs is sufficient, yet it is clear by some indicators that it is decreasing. Revenue for the management of solid waste in Nevada primarily comes from a $1 fee (Tire Fee) on the purchase of new tires, making the account funded by Nevada residents and businesses. The Washoe County District Health Department supplements their portion of the tire fee by collecting permit fees from haulers and generators that take waste (including out-of-state) to the Lockwood Regional Landfill in Storey County. As solid waste importation increases, the ratio of revenue to waste disposed ($ in solid waste management account/ton waste) decreases (see Figure 8). This trend is one indicator of the resources available for regulation of solid waste.

4.3.1 Items for future consideration, Sec. 4.3 - Importation of Solid Waste

1. The NDEP may be required, in the future, to petition the SEC for authority to collect fees, pursuant to NRS 444.560 (Appendix 5), to defray the costs of managing and regulating solid waste within the jurisdiction of the NDEP.



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