A state law that now regulates the kind of waste shipped to Michigan landfills from out of state took effect Monday, a few days after a federal court judge denied an effort by the waste industry to postpone it for a second time.
U.S. District Court Judge Avern Cohn denied a request for a preliminary injunction filed by the National Solid Waste Management Association (NSWMA), which sued to block the law. Yet, Judge Cohn didn’t rule on the merits of the case.
Cohn’s decision on Friday came a little more than a month after he delayed by 30 days the law’s October 1st effective date, saying details had not been worked out for a system that would determine if out-of-state waste meets the requirements set out in the law.
The law requires that jurisdictions, including other states and Canada, shipping waste into Michigan have the same prohibitions Michigan has for what kind of waste they allow in their trash.
David Biderman, general counsel for the NSWMA, said the group was disappointed by Cohn’s decision and is considering legal options including a possible appeal.
Frank Ruswick, special assistant to Michigan Department of Environmental Quality Director Steve Chester, said the state will work with landfill owners and operators as it implements the new law.
"People should, and we would expect them to, be complying with the legal requirements," he said. "We don’t intend to impose any emergency inspections, but we will monitor compliance as part of our routine."