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MEMORANDUM ENTRY OF THE DECISION AFTER TRIAL ON PLAINTIFFS’ COMPLAINT FOR DECLARATORY RELIEF Table of Contents I. Introduction. 742 II. Findings of Fact. 743 III. Conclusions of Law. 756 A. Standing and Ripeness . 756 B. Commerce Clause . 762 1. Tipping Fee Provision . 766 2. Health Officer Certification ... 772 3. Hauler Certification.774 C. Vagueness. 779 IV. Conclusion . 779 TINDER, District Judge. I. Introduction In 1978 the United States Supreme Court applied the dormant commerce clause to dispose of a New Jersey law banning the importation of out-of-state trash. In his majority opinion Justice Potter Stewart observed as follows: Today, cities in Pennsylvania and New York find it expedient or necessary to send their waste into New Jersey for disposal, and New Jersey claims the right to close its borders to such traffic. Tomorrow, cities in New Jersey may find it expedient or necessary to send their waste into Pennsylvania or New York for disposal, and those States might then claim the right to close their borders. The Commerce Clause will protect New Jersey in the future, just as it protects her neighbors now, from efforts by one State to isolate itself in the stream of interstate commerce from a problem shared by all. City of Philadelphia v. New Jersey, 437 U.S. 617, 629, 98 S.Ct. 2531, 2538, 57 L.Ed.2d 475 (1978). The day foretold in City of Philadelphia has arrived. Today cities in New Jersey and other Eastern states find it necessary, or at least expedient, to ship their waste hundreds of miles to the State of Indiana. This case involves an attempt by Indiana to regulate the influx of that out-of-state waste. In a broader sense, however, this case involves the collision of local concerns with a national problem. The citizens of the State of Indiana are in the unenviable position of residing in a state which is an economically favorable dumping ground for the refuse of the Eastern states. Besides the deposit of undesirable materials from other states into Indiana soil, the status of being a trash “receiving” state means that the space available here for the disposal of Indiana waste is diminishing due to the inflow of non-Indiana trash. Indiana’s problem is not unique. The reported cases reflect that out-of-state trash is the object of nationwide concern, as well as disdain. Congress itself, however, has not yet deigned to touch the subject in a comprehensive manner. Thus, as the states become fed up, or filled up, with out-of-state waste, the harmony of each state’s regulations with the dormant commerce clause is likely to be considered on a case by case basis. This entry first relates the facts established at trial that are relevant to the issues before this court. This case was hotly contested by counsel for both parties, and the facts found here are the result of the court having carefully weighed all of the evidence and the reasonable inferences to be drawn from those facts. Second, this entry sets forth the controlling legal principles and applies those principles to the findings of fact. Finally, this entry is accompanied by a judgment consistent with the determinations made herein. II. Findings of Fact Evan Bayh, Governor of the State of Indiana, signed House Enrolled Act 1240 (hereinafter referred to as the Act or H.E.A. 1240) into law on March 20, 1990. The Act was the product of compromise among Republicans and Democrats in the Indiana General Assembly and between the General Assembly and the Governor. The immediate derivation of the Act can be found in several bills originally introduced in the 1990 Regular Session of the Indiana House and Senate as well as in various legislative initiatives advanced by the administration of Governor Bayh. The history of the Act also includes efforts to enact similar legislation in the previous session of the legislature. The Act was codified in Title 13 of the Indiana Code, the portion of Indiana laws which deals specifically with environmental concerns. This classification is appropriate because the Act imposes certain requirements on the disposal of solid waste within the State of Indiana. The plaintiffs seek a declaratory judgment that three provisions of H.E.A. 1240 regarding the hauling of waste into the State of Indiana are unconstitutional under the commerce clause of article I, section 8, and the due process clause of the fourteenth amendment of the United States Constitution. The challenged portions of the Act are codified as follows: Ind.Code § 13 — 7—22—2.7(c)(1) (hauler certification); Ind.Code § 13-7-22-2.7(c)(2) (health officer certification); and Ind.Code § 13-9.5-5 (tipping fee). The plaintiffs further request that this court permanently enjoin the defendant from enforcing these provisions. The Governor vigorously opposes this declaratory action on several grounds which will be discussed below. Within the State of Indiana, there are a number of sites where solid waste can be disposed of legally, which are called sanitary landfills. These landfills, which fall within the legal definition of “final disposal facilities,” operate by virtue of permits issued by the state and are subject to strict regulation by various state agencies, including principally, the Indiana Department of Environmental Management (IDEM). Ind.Code § 13-9.5-1-14. IDEM is the agency primarily charged with the enforcement of Indiana environmental laws and regulations. This agency is responsible for the issuance of permits for the establishment of both sanitary and hazardous material landfills as well as the regulation of the actual operation of such landfills. Indiana law requires “cradle-to-grave” tracking of hazardous materials. An entity causing the production of hazardous waste is required to report information about the creation of such waste, including the quantity of the hazardous materials. A transporter of such waste has to prepare a similar report or manifest, as does the disposer of the material. IDEM, through matching of these reports or manifests, is able to track the major source generators of hazardous waste materials within the state. Disposal at Indiana sanitary landfills is accomplished by hauling solid waste to the landfill site, usually by truck or a similar motor vehicle and dumping the waste into the landfill. Trash is brought to Indiana landfills from collection points both within and outside the state. The Act requires that the operator of a vehicle containing a load to be dumped at an Indiana landfill present the operator of the landfill with a verified statement about the location “in which the largest part of the solid waste was generated.” Ind.Code § 13-7-22-2.7(c)(l). If the “largest part of the solid waste was generated” within Indiana, the vehicle operator must certify the county in Indiana in which the waste was generated. If the “largest part of the solid waste” was generated out-of-state, the vehicle operator must certify the state in which such waste was generated. Id. If the “largest part of the solid waste was generated in a state other than Indiana,” an operator desiring to dump the trash must also present a statement from a public health or environmental state or local officer from the state in which the trash was generated certifying that the part of the load generated in that state “is not subject to regulation as hazardous waste under the federal Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or as infectious waste under [Ind.Code §] 16-1-9.7.” Ind. Code § 13 — 7—22—2.7(c)(2). Kathy Prosser, Commissioner of IDEM, indicated that the purpose of the certification requirements was to facilitate the tracking of waste being deposited in Indiana landfills and to enhance the accountability of violators of Indiana waste disposal laws and regulations for enforcement purposes. It is interesting to note that the Act does not require that either certificate must be sent to IDEM, and neither the hauler nor the landfill operator is required to keep the certificates. The Act also provides that the fee for dumping a load of trash generated in Indiana is $0.50 per ton. The fee for dumping trash “generated outside of Indiana,” however, equals the fee for dumping that trash at a site closest to the location where the trash was generated, minus the fee actually charged for disposal by the operator of the final disposal facility in Indiana or $0.50 a ton, whichever is greater. Ind. Code § 13-9.5-5-1. Prior to the enactment of H.E.A. 1240, both the legislature and the Governor were concerned about the quantity and composition of out-of-state trash being dumped at Indiana landfills. The Governor’s concern was expressed in a number of public statements made both before and after his election in November of 1988. On April 9, 1990, the Governor revisited a landfill located near Wabash, Indiana that he first visited during the 1988 gubernatorial campaign. A press release issued in connection with the 1990 visit noted that Bayh had visited Wabash during his campaign “to say that Indiana needed to take aggressive action to ensure that Indiana did not become the dumping-ground of trash from the East Coast.” The release also alluded that the promulgation of H.E.A. 1240 was a step in that aggressive direction. Therefore, this court has concluded that the Governor’s views on the subject of out-of-state trash were developing, if not fully developed, by the time he was elected. Barton Peterson, a campaign volunteer who now serves as an Executive Assistant to the Governor, confirmed that candidate Bayh had, in fact, publicly expressed his desire to see the flow of out-of-state trash into Indiana halted. Peterson, whose duties now include advising the Governor on environmental affairs, testified that the Governor was adamantly opposed to out-of-state waste coming into Indiana. As mentioned above, the Indiana Governor makes a speech to the legislature at the beginning of each annual session called the “State of the State” address. The purpose of the address is described by the title, and the subject matter of the address traditionally includes a description of major legislative programs that the executive branch intends to promote during the upcoming legislative session. In the portion of the 1990 address relevant to this case, the Governor announced: But what is objectionable, what is offensive, and what must be stopped is the tidal wave of out-of-state trash that threatens to turn Indiana into a dumping ground for the nation. It’s coming by the truckload, it’s coming by train, it’s using up scarce disposal capacity, and it threatens our ability to manage our own needs. To show you just how bad things have become, I have with me a piece of out-of-state garbage which blew off a truck headed for a Hoosier landfill. On it is printed “State of New York.” Well, with all due respect to the State of New York, if it’s their property, they should keep it. We must end the financial incentive that literally makes it pay for out-of-sta-ters to dump in Indiana. If it costs $70 for another state to dispose of its waste at home, it should not cost them $11 here; Last year, I requested a bill to combat these problems, but none was passed. This year, I’m asking you again. If not for me, then for the people of our state, pass the environmental protection bill. The State of the State speech was accompanied by a 1990 legislative program which also referred to out-of-state waste problems. The Bayh Administration program included a proposal to require shippers of solid waste to document their loads in order to provide useful information to regulatory authorities charged with the protection of health, safety and the environment as well as a proposal to eliminate the economic incentive for bringing out-of-state trash into Indiana through higher disposal fees on “foreign” trash. The proposal also referred to the implementation of more stringent measures to ensure that out-of-state waste did not contain hazardous or infectious materials through certification by the top environmental officer in the state of origin. The Governor’s legislative initiative had been preceded by an executive order, issued on November 9, 1990, which, among other things, directed IDEM to prepare legislation establishing differential fees for the disposal of solid waste based on the source of the trash. The Governor’s office was extremely active in the shaping of the H.E.A. 1240 hybrid bill, as evidenced by news releases issued on the subject and the post-enactment statements made about the bill. After the Governor signed H.E.A. 1240, his office issued a press release which referred to the legislation as a measure that “will help stop the importation of out-of-state garbage into Indiana” and promised that this law, as well as others, “will end the financial incentive that has made it a paying business for trash haulers from outside of Indiana to dump garbage here.” The Governor conducted bill-signing ceremonies in three locations around the state after the enactment of H.E.A. 1240 and other environmental bills. At one of these stops, the Governor was quoted by a reporter covering the event as saying, “I intend to stop out-of-state dumpers literally in their tracks.” The Governor was not the only one in his administration making firm statements about this subject. Commissioner Prosser addressed the Interim Study Committee on Environmental Affairs in July of 1989 to express the concerns of the Bayh administration about the need for legislation to address problems associated with trash originating outside of the state of Indiana. In the prepared text of Commissioner Pros-ser’s remarks to that body, she observed: The recently accelerated influx of out-of-state waste into Indiana, principally from the east coast, threatens the very foundation of our state’s solid waste management system, such as it is. Governor Bayh has been talking about this problem and seeking a solution since before his inauguration in January. We cannot allow Indiana to become the dumping ground for the nation’s garbage. We must seek to control the out-of-state waste problem before it literally buries us. The comprehensive solid waste management bill provided three specific disincentives for the importation of out-of-state waste: (1) It imposed a higher tipping fee surcharge for out-of-state waste than for waste generated in Indiana; (2) if the surcharge in the state of origin is higher than the surcharge in the Bill for out-of-state waste, the hauler would be required to pay the higher surcharge; and (3) the bill would have permitted counties or solid waste management regions to limit or prohibit importation of out-of-state waste, where necessary, to meet the long-range planning goals of the county or district. Some have questioned the constitutionality of these provisions. We should not accept the elimination of our state’s landfill resources simply because those with a vested interest in the unfettered flow of garbage across state lines assert that the flow cannot be stopped. That’s a matter for the courts to decide. In the meantime, timidity in the face of this assault from out-of-state waste is unacceptable. Commissioner Prosser was joined by others in the administration who expressed concern about the influx of out-of-state trash. Executive Assistant Peterson was quoted in one newspaper article as saying that the Governor’s office would not be satisfied as long as out-of-state trash was flowing into Indiana in large quantities and that it was the Governor’s goal to bring a halt to the importation of out-of-state trash. In addition to statements made in Indiana, Governor Bayh addressed a committee of Congress about his concerns regarding the importation of trash into Indiana. He urged Congress to pass legislation that would allow the states greater control over the regulation of the flow of trash across their borders. He also made individual visits to members of Congress to urge their support for greater states’ rights over the regulation of interstate commerce in trash. Members of the Indiana General Assembly also expressed concern about the problem of out-of-state trash. Both major political parties emphasized their efforts to stem the flow of out-of-state trash. The final report of the 1989 Interim Study Committee on Environmental Issues alluded in its findings to the need to find a solution that would deter or eliminate out-of-state waste from coming into Indiana. In addition, several Republican senators and representatives jointly announced legislative goals prior to the 1990 Regular Session which included elimination of the financial incentive to import trash into Indiana. After the enactment of H.E.A. 1240, members on both sides of the aisle sought to take credit for erecting a restraint on the unlimited dumping of out-of-state trash. The concern of the Governor and the legislators about the quantity and composition of out-of-state trash coming into Indiana landfills, albeit sincere, was based on anecdotal information rather than on any detailed study of the dumping of out-of-state trash or the deposit of hazardous and/or infectious materials in Indiana landfills. Indeed, as of the time of the trial in this case, Commissioner Prosser had no quantifiable information available to her about the amount of hazardous waste legally deposited in non-hazardous waste landfills in Indiana. Nonetheless, this court does not doubt that Commissioner Prosser is truly concerned about the dumping of hazardous and infectious waste into Indiana’s sanitary landfills. Similarly, she is undoubtedly concerned about the volume of trash that is being deposited into Indiana landfills, even though she does not have any statistical information to document or approximate the quantity or type of waste entering the state. She has like concerns about infectious wastes, despite a comparable paucity of data. With respect to the quantity of waste coming into the state, the most authoritative information was gathered by a citizens’ action group, Hoosiers Opposing Pollution of the Environment (HOPE). By positioning teams of volunteers near the roads leading to a landfill in Clay County, Indiana, HOPE was able to document 5,500 trucks headed toward that one landfill. Many of these trucks began their journey outside the State of Indiana. Members of HOPE were concerned about the influx of trash into the state, and vigorously made these concerns known to the Indiana General Assembly, the Governor and Congress. HOPE lobbied for H.E.A. 1240 and sought the imposition of a higher fee on the disposal of out-of-state trash in order to stop or discourage the importation of such trash. A representative of HOPE verified that the enactment of H.E.A. 1240 had a dramatic effect on the importation of trash into the Clay County landfill; the dumping of out-of-state trash at that landfill stopped, at least until this court issued the preliminary injunction in this case. The state’s concern about hazardous materials is genuine. Indiana has 37 Superfund sites located within its borders, two of which are sanitary landfills. In addition, pursuant to Indiana law, the state has designated 1,400 other locations as sites which are in need of remedial cleaning. These additional sites do not qualify for federal Superfund designation pursuant to the scoring system for Superfund sites, see 40 C.F.R. Part 300, but nonetheless pose an environmental hazard to the citizens of Indiana. Some sanitary landfills are on that 1,400 site list. Funds of the State of Indiana will be used for the clean-up of the 1,400 sites and the state will seek to find the parties responsible for the hazardous condition of the sites in order to pass the clean-up costs on to the responsible parties. The federal Superfund program also attempts to identify polluters and to hold them accountable for their misconduct. However, this court finds no evidentiary basis for concluding that the hazardous waste problems at the Indiana landfills referred to above were caused by the deposit of hazardous waste materials that had originated outside of Indiana. The plaintiffs broker the hauling of loads of solid waste from sites in the eastern portion of the United States to locations primarily in the Midwest. The trash that the plaintiffs broker originates in the states of New York, New Jersey and Pennsylvania. Landfill space is at a premium in those states, particularly in the more urban areas. Consequently, despite the cost of transporting the trash hundreds of miles to Indiana, it is still far less expensive to dump the waste here where landfill space is more plentiful. For example, a Long Island landfill named Fresh Kills charges $125.00 dollars a ton to dump municipal waste. In most Indiana landfills, the typical charge is approximately $12.00 dollars a ton. The hauling cost per ton is approximately $33.00 to $35.00 dollars per ton. The business of matching trash collectors with less expensive Midwestern landfill operators, known as “trash-brokering,” can be profitable. The revenue obtained by trash-brokering results from putting the disposal deal together rather than performing any part of the disposal transaction. Thus, the plaintiffs do not haul the trash themselves nor do they own the vehicles in which it is hauled. Typically, they arrange verbally to have haulers pick up trash at particular municipal solid waste and recycling stations in New York, New Jersey and Pennsylvania after having arranged for the dumping of this waste in Midwestern landfills. As brokers, the plaintiffs use their contacts to link the waste from an Eastern trash collection source with the independent haulers who then transport the trash to the Midwestern landfills. It should be noted that many of the truckers who haul the trash to Indiana “backhaul,” that is, take commercial goods back East on their return trips after dumping the trash loads. In some instances, the return loads consist of food products for sale in the Eastern states. The loads brokered through the plaintiffs are accompanied by manifest paperwork that designates the quantity of the load, where it is going, the name of the trucking company and the landfill destination. This form is made out at the recycling or transfer station where the load originates, and a copy is sent back to the plaintiffs by the trucker. The paperwork bears the broker’s name. Although trash brokering is a common practice, H.E.A. 1240 does not require disclosure of a broker’s identity, despite the state’s purported interest in tracking and accountability. The plaintiffs do not have any ownership interest in the landfills, trucks, trash collection and recycling centers, or trash being dumped in Indiana. The plaintiffs serve strictly as brokers, linking the collectors, haulers and landfill operators in three-way deals. They do not utilize written contracts, but rather put each deal together verbally on a short-term, one-time basis. The plaintiffs have long-term relationships with some trash sources, haulers and landfills, but do not .have contractual arrangements that extend over more than one transaction at a time. The nature of this brokering business does not require employment of drivers or other employees in the actual collection, transportation or dumping of trash. It is conducted primarily over the telephone. The plaintiffs have visited some of the trash sources, but do not do so on a regular basis. These visits were made primarily for customer relations and not for the purpose of conducting inspections. The trash brokering business of Government Suppliers operates much like the Cas-tenova business. About sixty percent of Government Suppliers’ trash brokering business resulted in the dumping of waste in Indiana landfills. Jack Castenova testified that fifty percent of his business through 1989 involved the disposal of waste at Indiana landfills. Prior to the enactment of the legislation at issue, Caste-nova would broker as many as fifteen loads of out-of-state waste a day into the State of Indiana. Enforcement of the three provisions of the Act at issue in this suit will tend to diminish the amount of trash that comes into the State of Indiana from outside the state. Similarly, enforcement of the three provisions in question will have an adverse effect on the amount of the plaintiffs’ business that could be conducted within Indiana. Jack Castenova indicated that the enforcement of the statutes at issue would be disastrous to his business. Jack Lynch of Government Suppliers indicated that enforcement of these statutes would wreak havoc on that business and would, in his words, “send it down the tubes.” The tipping fee provision would completely prevent Castenova and Government Suppliers from conducting their business in the State of Indiana because the cost of dumping the trash, combined with the cost of transporting it to Indiana, would exceed their profits. As noted above, neither the hauler certification nor the health officer certification are required to be filed with IDEM, but a number of haulers or landfill operators did transmit copies of such documents to IDEM after H.E.A. 1240 went into effect. For the most part, the forms used appeared to comply with the hauler certification requirements but were not in compliance with the health officer certification requirements. Indiana sanitary landfills are subject to stringent state regulation. See, e.g., Ind. Code § 13-7-7-5; 329 IAC 2-13-1 through 2-14-24. The landfills are inspected on an intermittent basis. The state prohibits the dumping of untreated infectious waste into these landfills. Similarly, hazardous materials are barred from being deposited, unless they originate from a “small quantity generator” that does not produce more than one hundred kilograms of such hazardous waste per month. 329 IAC 3-3-5. The violation of these regulations can result in penalties to the landfill operator of daily fines up to $25,000.00 and loss of the permit to operate the landfill. Hazardous materials that are disposed of in large quantities must be deposited in special hazardous materia] landfills, which are constructed with substantially different safeguards than sanitary landfills to prevent the escape of dangerous leachate. In order for a determination to be made about whether waste material is infectious or hazardous material, some testing in the nature of laboratory analysis is required. A transfer station is used for the collection of solid waste from a variety of sources. The waste is delivered to the station by the curbside collectors where it is consolidated from smaller vehicles into a larger one for hauling to a disposal site. The disposal site in most instances is a landfill. In the process of consolidating the waste from various sources, it is packed into the larger vehicle in order to increase the total amount of trash per load that is hauled to the disposal site. The resulting mass of compacted trash takes on the shape of the vehicle in which it is hauled to the disposal site and resembles an enormous loaf, up to ten feet high, twenty feet long and four to eight feet wide. Indiana has approximately forty transfer stations within its borders. Similar transfer stations are located in states outside of Indiana. In some instances, a compaction operation called a “push pit” is used. This process entails the dumping of the trash from the various sources onto a surface where machinery is used to compact it and then to push it into a vehicle. In some instances, the waste material is baled after it is compacted, that is, it is wrapped with rope or wire. The resulting dense volume of trash is about the size and shape of a hay bale, approximately three feet in length and two feet wide. These bales are then loaded into large over-the-road hauling vehicles for transportation to the disposal site. According to Charles Brown, the only Indiana landfill operator who testified in this proceeding, some waste originating within the State of Indiana and disposed of in Indiana landfills, is baled prior to delivery to the disposal site. Some Indiana transfer stations bale cardboard waste only. In some Indiana counties, there are rural trash collection sites. These consist of large, unmonitored bins placed at various locations in the county. Residents and businesses can dump their waste in the bins. The bins are subsequently picked up, often by the county, and hauled to a landfill. Generally, neither the hauler nor the landfill operator has an opportunity to know who dumped materials in the bins, or in most instances, who generated the waste. Recycling centers operate in much the same fashion as transfer stations. Waste material is brought to the center from a variety of sources. The waste is then separated, and materials which can be reused or otherwise recycled for other commercial products, such as paper, glass and aluminum, are removed. The remaining materials are compacted for transportation to a disposal site. There are recycling centers in the various states from which trash is transported in interstate commerce to Indiana. On-site inspection of baled waste, at a landfill or elsewhere, is not significantly different from the inspection of compacted waste. For such an inspection to be conducted, heavy equipment would be needed to push the compacted trash apart, so that a visual examination of the trash could be made. The trash could not be inspected while it is still in the hauling vehicle because of the compaction and the absence of space for inspectors to move about the trash, as well as because of the limited lighting inside the vehicles. There is also some risk of injury to the inspectors if they are required to move around the tightly packed bales inside the vehicles. Sharp objects are frequently found around the edges of the trash. Various IDEM employees expressed their reluctance to conduct trash load inspections at landfills because of the hazards and discomfort of such inspections. Baled trash is more densely compacted than trash that is merely compacted into a hauling vehicle. Thus, trash baling results in a larger volume of trash being delivered in each load of baled trash than in each load of trash that is merely compacted; however, the type of equipment and personnel needed to conduct inspections of baled trash is not substantially different. While Commissioner Prosser takes the position that inspection of solid waste is more easily done at the point of generation, Bruce Palin, an Assistant Commissioner of her agency, is of the opinion that such an inspection can be conducted at the points of generation and disposal with approximately the same degree of difficulty. The evidence indicates that inspection can be accomplished, albeit with some difficulty, at either site. The health or environmental officer certification required by H.E.A. 1240 would be difficult, if not impossible to obtain. Part of the difficulty lies in the fact that health and environmental officers outside the State of Indiana have as their focus the enforcement of the laws and regulations in force in their respective states. It is also unlikely that such officers would be familiar with the laws of Indiana with respect to infectious waste. Another difficult aspect is the burden of conducting what would amount to an item-by-item inspection of waste to be hauled to Indiana. For example, to certify that none of the waste in the load is subject to regulation as hazardous waste under the federal Solid Waste Disposal Act, the inspector would have to test each item of suspected hazardous waste. The inspector would also have to be informed of the source of the waste if it was in fact hazardous, so that a determination could be made about whether the generator produced more than one hundred kilograms of hazardous waste per month. Otherwise, the waste is exempt from treatment as hazardous waste. The burden of such an examination must be viewed against the background of all of the duties that such officers have with respect to the enforcement of regulations and laws of their own states. There is no indication that the health and environmental officers of states other than Indiana have any legal obligation to conduct such inspections, either for the purpose of compliance with Indiana law or the law of the states in which they are employed. Thus, even if such officers had the time to conduct such inspections in addition to the performance of their regular duties, it is questionable whether they would perform the inspections. Indiana environmental officers testified about the discomfort involved performing such inspections and expressed their reluctance to participate in such activities unless ordered to do so. The record does not show that there would be any legal means of compelling non-Indiana officers to conduct the inspections. For that matter, Indiana health and environmental officers are not even required to conduct such examinations by law. Trash loads originating in Indiana are not required to be certified prior to deposit. Indiana health and environmental officers could conduct inspections of the trash at the landfills prior to dumping; however, this does not mean that it would be an easy task or one for which there would be willing volunteers. Such on-site inspections would be time consuming and additional work for state officers who already have full-time responsibilities. The State of Indiana would incur additional expense if it were to hire additional health and environmental officers to conduct such inspections. H.E.A. 1240 does not relate the qualifications of the out-of-state health or environmental officers to their ability to conduct the type of investigation which would need to be performed for the certification to reflect that the load of trash was competently examined. In other words, according to H.E.A. 1240, the person providing the certificate must only have responsibility for the protection of the public health or the environment in general, not any special expertise or qualifications in the area of hazardous materials or infectious waste. For example, the statute would permit a commercial kitchen health inspector, completely untrained in hazardous waste or infectious materials, to provide a certification. Representatives of both Government Suppliers and Castenova were unsuccessful in obtaining adequate health officer certificates during the short period of time that the requirement was in force prior to the entry of the preliminary injunction. As might be expected, Jack Castenova was told by an employee of the Pennsylvania Department of Environmental Control that as a Pennsylvania health officer, the employee had no obligation or responsibility to inspect or certify a load of waste to be shipped to Indiana. Jack Lynch, a representative of Government Suppliers, was able to find certain health officers in New Jersey who were willing to sign certificates, but upon reviewing the certificates at trial, Commissioner Prosser indicated that the form of the certificates was not in compliance with the Indiana law at issue. Most of the trash that is transported in interstate commerce to Indiana passes through transfer stations or recycling centers. A majority of these stations and centers receive trash from a variety of sources. For example, a transfer station may receive waste from dozens of municipal garbage collection vehicles. Each of those vehicles may collect waste from scores of homes and commercial establishments. The waste often comes to the stations and centers from more than one political subdivision, town or county. When the stations or centers are located within a reasonable distance of a state line, they may receive waste from both the state in which they are located and from nearby states. This is true of stations and centers located in Indiana as well as in other states. According to Commissioner Prosser’s testimony, “generated” as contained in H.E.A. 1240 means “basically the place where it [the waste] was generated.” This court gleans from Prosser’s testimony that she interprets the term “generated” to mean the point of origination as opposed to the point of pick-up, for example from a transfer station. She stated that it is not necessary to identify the specific household where the generation occurred, but rather a more general description of the location is sufficient. To Commissioner Prosser, “largest part” in the Act means volume rather than weight. Indiana State Senator William Yobach, one of the principal sponsors of legislation (Senate Bill 66) which led to the compromise legislation ultimately enacted as H.E.A. 1240, reads “generated” to mean the original site at which the waste was created and collected. Because of the nature of the operations of recycling centers and transfer stations, it is virtually impossible to identify the point of generation of the majority of the trash in any particular load being hauled from a particular center. For example, if the waste comes from residential garbage collection, the actual points of generation would be each of the individual homes from which the trash is gathered. The trash from each home is intermingled in the municipal collection truck and is then further intermingled with the trash from other homes when the collection truck dumps the load at a station or center. Then, various loads are compacted together, further obliterating any identifying characteristics. Whether out-of-state trash is collected from a transfer station or a recycling center, the hauler of the material generally cannot know where the waste material was generated. Depending on the location of these sites, the trash located there may have come from the immediate vicinity or from a nearby state. The trash deposited at these sites is intermingled to such a degree that it is unlikely that a hauler could know the place of generation of the largest part of the trash. It is extremely difficult or impossible, therefore, for the vehicle operator to provide an accurate hauler certificate because collector trucks can cross political subdivisions, including state lines, when making collections and because the collective group of trucks dumping at any station or center may come from more than one political subdivision or state. Another portion of H.E.A. 1240 dealing with solid waste management reporting requires solid waste haulers who transport trash from locations within the State of Indiana to locations outside Indiana to maintain records that identify the county and state of origin of the largest part (by volume) of each load of trash. Ind.Code § 13-9.5-ll-2(a). These solid waste haulers must also file quarterly reports with IDEM which identify each out-of-state transfer station or disposal facility used and the volume of solid waste from each county and state delivered during the reporting period. Ind.Code § 13-9.5-ll-2(b). However, these records and reports do not have to be made under oath, and if the hauler does not collect the trash from the point of origin, presumably curbside, he or she may comply with these requirements by presenting a certification by the owner or operator of any facility from which he or she collected trash which indicates the county and state from which the largest part of the waste originated. This certification, may be based on average figures in accordance with procedures to be established by IDEM. Ind.Code § 13-9.5-11-3. Although not at issue in this case, the same chapter does impose a different reporting requirement on solid waste haulers who transport waste into Indiana. Ind.Code § 13-9.5-11-1. The certification by the hauler who imports trash into Indiana does have to be made under oath, but apparently the unsworn certification from the owner or operator of the out-of-state facility where the trash was picked up can also be substituted for the sworn certificate of the hauler. Under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), generators, haulers and disposers of hazardous materials are required to account for the amount of hazardous materials produced or handled by them through a reporting or manifesting system. 42 U.S.C. §§ 9601-9675. This system tracking of hazardous waste has been implemented by the State of Indiana, and it is relatively uniform throughout all states. If a particular state declines to participate in the tracking of wastes under this law, the federal government requires the making and keeping of these records. In addition, the disposal of hazardous waste is strictly regulated under the federal Resource Conservation and Recovery Act of 1976 (RCRA) and is far more expensive than disposal of non-hazardous material. It can cost up to $250.00 a ton to dispose of hazardous material. In 1988, the United States Congress passed the Medical Waste Tracking Act which authorized a two-year pilot tracking program to ensure that medical waste is sent to proper disposal facilities. 42 U.S.C. § 6992 et seq. New Jersey, New York and Connecticut were obligated to participate in the program, and the other Great Lakes states, including Indiana, had the option of participating in the program if they chose to do so. Governor Bayh decided that Indiana would not participate in the program. Indiana had developed its own regulatory scheme for tracking medical waste and the federal scheme would preempt the Indiana program. According to the letter sent by Governor Bayh to the Administrator of the Environmental Protection Agency, the Indiana program needed to be in operation so that its effectiveness could be analyzed. The Governor’s letter indicated that he felt that it would be premature to alter the present regulatory scheme as of April 1989. The Governor also wrote that the cost of the federal program to Indiana would be difficult to justify in light of the fiscal situation faced by Indiana at that time. There are differences between the federal and Indiana acts. For example, the federal act covers some medical wastes that the Indiana law does not. The federal law also requires that a manifest accompany each load of medical waste and the Indiana act does not. The focus of the Indiana act appears to be materials that have been deemed capable of transmitting infections, while the federal act is broader in its scope, covering all medical waste. Under the Indiana law, blood in liquid or semi-liquid form is automatically considered infectious waste. Dried blood can be, but is not automatically, deemed infectious. Under Indiana law, the generators of infectious waste are required to treat the waste prior to disposal. The principal generators of infectious waste in Indiana are hospitals, blood centers, jails, prisons, home health agencies, labs, nursing homes, hospices and ambulatory surgical centers. Prior to trial, no administrative, civil or criminal actions for the improper disposal of infectious waste which had originated outside the State of Indiana had been instituted. Under Indiana regulations, individuals can be generators of infectious waste, e.g., a diabetic who uses syringes and disposes of them in the household garbage, although the Infectious Waste Act does not include individuals among the persons and entities regulated. Compare 410 IAC 1-3-13 with Ind. Code § 16-1-9.7-6. According to an Environmental epidemiologist employed by the Indiana State Board of Health, the harm posed by the deposit of infectious wastes in landfills is not substantial, with the exception of sharps, which may puncture the skin of landfill workers. Commissioner Prosser is concerned that the federal Medical Waste Tracking Act is not effective because she is aware of certain incidents in which medical waste from other states, such as New Jersey and New York, has been delivered to Indiana landfills, despite the Act. She considers the federal act difficult to comply with and also feels that it is human nature to circumvent compliance with such requirements. These situations have caused her to increase the IDEM effort at inspecting sanitary landfills. Commissioner Prosser testified that there is no mechanism in place to impose accountability on those who are predisposed to illegally dump infectious waste in an Indiana landfill. She believes that Indiana can enforce the Indiana Infectious Waste Act against Indiana generators, but she does not have the same confidence as to out-of-state generators or haulers. IDEM directed the inspection of several loads of trash at landfills on May 24, 1990, and on June 5, 1990. On May 24, 1990, John Hale, an Environmental Scientist at IDEM, was part of a three-person inspection team at Talley Hunt landfill near Wabash, Indiana. The loads inspected contained baled trash which in Hale’s opinion came from outside the State of Indiana. The bales were broken open on the landfill surface by a bulldozer and the contents spread out in a roughly square area approximately fifteen feet by fifteen feet. The waste square was approximately one foot deep. The inspection was difficult work, requiring three workers to be suited up in heavy protective gear on a hot day. The workers raked through the trash and looked for items that were not supposed to be deposited in a sanitary landfill. When a team member spotted an item that was suspicious, the other members would be called over to the spot. If the members thought that the item appeared to be a prohibited item, it would be collected and placed in a sealed container. Hale’s group collected various items, including a rubber glove with what appeared to be blood in it and four or five used syringes. Hale delivered these items to the Indiana State Police laboratory on the next day. On June 14, 1990, Hale participated in a four person inspection team under similar circumstances at the Center Point landfill. On this occasion, Hale’s group again discovered various items, including a syringe and some medical tubing. Again, it was Hale’s opinion that the loads inspected came from outside Indiana. To some degree, this opinion was corroborated when one of the Hale team members discovered a piece of paper during the inspection that bore the identification of Mount Sinai hospital which is located in New York. Hale also delivered these objects, sealed in containers, to the Indiana State Police laboratory. On May 24, 1990, Jerome Rud of IDEM worked as part of a four-person team on similar inspections at the Center Point landfill. The trash inspected, in the opinion of Rud, originated outside of Indiana. The inspection technique was much the same as the one used by Hale’s group. The Rud group discovered various items of concern, including objects he described as respirator tubing, an evaeuator bag, several vials containing a reddish liquid and a hypodermic needle. Martin Harmless, Assistant Commissioner for Solid and Hazardous Waste at IDEM, also participated in the inspection at the Center Point landfill. His principal role was to collect any items found by the workers and to transport those items to the Indiana State Police laboratory for examination. He accomplished this by placing the items in sealed containers, transporting them to the lab and depositing them there in substantially the same condition in which he received them from the others on the inspection team. James Romack, a chemist at the Indiana State Police laboratory, examined the various items collected by the Hale and Rud teams. In connection with the Hale team examination at Talley Hunt landfill on May 24, 1990, Romack found dried human blood on various plastic devices and a bandage and liquid blood on two syringes and a glove. Examination of the results of the Rud team inspection disclosed the presence of human blood on two vacutainers, a wound suction evaeuator, an alcohol preparation pad, paper materials and gauze pads. The June 14, 1990, inspection results showed dried human blood on a plastic device with attached tubing. None of the items collected were tested for the presence of hazardous materials, infectious qualities or to determine whether they had been treated. Although the defense contends that these searches were part of stepped-up enforcement efforts, there was no evidence to show that they were part of routine enforcement practices. The inspections appeared to be an effort to gather information for this litigation, or for some similar purpose, and were ordered well after the enactment of the legislation and the initiation of this litigation. In general, the inspections were conducted in a reasonably professional manner. Neither Rud nor Hale were accurate in all details as to the number and description of items observed and seized at each location, nor did Ro-mack’s description of the items he examined match the Rud and Hale descriptions “on all fours.” However, the collection and preservation processes were sufficiently reliable to permit the admission of the results of the inspections into evidence. Even after intensive team inspection of the loads of trash, which consumed several hours, Rud indicated that he was not confident that the loads inspected were free from hazardous and infectious waste. This assessment was made after the suspected items had been removed from the loads. Nonetheless, the landfill operators were permitted to place the loads in their dumps. Rud estimated that it would take a team of three inspectors approximately one-half day to adequately inspect one truckload of waste to ensure that it contained no hazardous or infectious material. IDEM inspectors routinely look for hazardous materials and infectious waste when they conduct inspections of sanitary landfills. In February of 1990, Rick Schroeder, a field inspector for IDEM, conducted a routine inspection of the Clark-Floyd landfill in southern Indiana. This landfill does not accept out-of-state waste. During his inspection, he discovered a syringe and attached needle which were not contained in a puncture resistant container. He suspected that these items were infectious waste. It was later determined that these items had originated from the Floyd County Memorial Hospital located in New Albany, Indiana. In May of 1990, Schroeder conducted a routine inspection of the Warrick County (Indiana) landfill. He saw five or six syringes and needles not contained in a puncture resistant container. Again, he suspected these items to be infectious medical waste. These items were not tested by the Indiana State Police laboratory. David Feltner, a trucker, testified at trial that in approximately March of 1990, he picked up a truckload of baled trash at a warehouse or transfer station in Indianapolis and attempted to deliver it to the Spring Valley landfill in Indiana. He was turned away by the landfill operator who sent him to the Talley Hunt landfill. The load was dumped there, where Feltner observed that it contained medical-type waste, such as plastic tubing, intravenous bags and bottles. According to Feltner, the bales were not bound by wire or string and appeared to be approximately five feet wide and ten feet long, much larger than the bale size most often used with trash that originates outside of Indiana. The evidence was not clear regarding whether the trash had been generated inside or outside of Indiana, nor was there any indication that it contained blood in a liquid or semi-liquid form. III. Conclusions of Law This court approaches this constitutional challenge to the state statutes with respect for the basic principle that a statute is presumed to be constitutional. See Bowen v. Kendrick, 487 U.S. 589, 617, 108 S.Ct. 2562, 2578-79, 101 L.Ed.2d 520 (1988) (reviewing congressional enactment); Hines v. Elkhart Gen. Hosp., 465 F.Supp. 421 (N.D.Ind.), aff'd, 603 F.2d 646 (7th Cir.1979); cf. Eddy v. McGinnis, 523 N.E.2d 737 (Ind.1988) (every enactment by the state legislature that is challenged before the Indiana Supreme Court is presumed to be constitutional). However, it is also a basic constitutional principle that a federal court has a duty to review laws for constitutional infirmities and that if a state statute conflicts with the United States Constitution, the former must yield to the latter. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803). First, the questions of the standing of the plaintiffs to bring this suit and whether the dispute is not ripe for adjudication will be addressed. A discussion of the effect of the commerce clause on these statutes will follow. Because of the resolution of the commerce clause issues, it will not be necessary to reach the questions raised by the plaintiffs’ claim that certain statutory provisions are unconstitutionally vague. A. Standing and Ripeness In the decision granting the plaintiffs’ motion for a preliminary injunction, this court sua sponte raised the issues of standing and ripeness. Government Suppliers Consolidating Servs., Inc. v. Bayh, 734 F.Supp. 853, 857-61 (S.D.Ind.1990). The issue was resolved at that stage by a determination that, while it was a “close question,” the plaintiffs had met their burden of establishing that the questions presented were ripe for adjudication and that the plaintiffs had alleged sufficient standing for a preliminary injunction to issue. Id. at 859, 861. Nevertheless, the parties were cautioned that the court’s “determinations” were “preliminary in nature” and were instructed that at the trial on the merits they would be required to carry their burden of proof on all “relevant legal issues.” Id. at 857. The issue of ripeness need not be revisited because the evidence at the trial on the merits reaffirmed this court’s previous conclusion that, with respect to the three challenged statutory provisions, a substantial controversy of sufficient immediacy and reality exists between parties having adverse legal interests to warrant a determination on the merits. See id. at 859-61; compare Illinois v. General Elec. Co., 683 F.2d 206, 209-10 (7th Cir.1982) (holding that the controversy had “real and immediate and not merely hypothetical or remote consequences” for the parties and noting that ripeness is a determination of degree and not of kind) with Nuclear Eng’g Co. v. Scott, 660 F.2d 241 (7th Cir.1981) (holding that the threat of enforcement of a state statute did not create an actual controversy; however, plaintiff was not challenging the constitutionality of the statute). The challenged statutory provisions in this case are not in an evolutionary stage; Indiana officials have pronounced their immediate intent to fully enforce them. These facts were fully evident at the preliminary injunction stage and the relevant legal landscape has not significantly changed since that time. The only change since the hearing on the request for a preliminary injunction is temporal; the tipping fee is now on the brink of being imposed on the first load of trash to come into Indiana after December 31, 1990. It became evident from the testimony at trial that the State of Indiana will be implementing the tipping fee provision upon its effective date. Representatives of the Governor conveyed a firm conviction of their intent to enforce the tipping fee provision in the manner alleged by the plaintiffs to be unconstitutional. Finally on this point, the Governor disputed the ripeness of the controversy at the preliminary injunction of this proceeding, but did not renew that contention in the pre- and post-trial briefs. Therefore, this court has not moved from its conclusion that the challenge to the constitutionality of the three provisions of the Act is ripe for a decision. In contrast to the facts relevant to establish ripeness, the facts necessary for a full consideration of the issue of standing are likely to be incompletely set forth or entirely unaddressed at the preliminary injunction stage. For that reason, a district court ruling on a standing question sua sponte or upon a motion to dismiss early in proceedings between adverse parties “must accept as true all material allegations of the complaint, and must construe the complaint in favor of the complaining party.” Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 2206, 45 L.Ed.2d 343 (1975). Later in the proceedings, trial courts have been instructed “to allow or to require the plaintiff to supply, by amendment to the complaint or by affidavits, further particularized allegations of fact deemed supportive of plaintiff’s standing.” Id. at 501-02, 95 S.Ct. at 2206-07. If, after an opportunity to substantiate the allegations of its complaint with respect to its standing to pursue the lawsuit, “the plaintiff’s standing does not adequately appear from all materials of record, the complaint must be dismissed.” Id. at 502, 95 S.Ct. at 2207. Because an incomplete picture of the relationship between the plaintiffs, their alleged injuries and the challenged statute was presented at the preliminary injunction stage, this court deems it prudent to revisit the issue of the plaintiff’s standing to pursue its claim that H.E.A. 1240 is unconstitutional. Plaintiffs’ complaint throughout alleges that plaintiffs “have been involved in businesses which require them to haul and dispose” of “solid wastes in landfills permitted and/or licensed by the State of Indiana.” In addition, at the preliminary injunction hearing, the plaintiffs’ attorney stated that he believed the plaintiffs both brokered waste hauling deals and employed truckers who haul waste into Indiana from out-of-state. Despite these representations, however, the evidence at trial showed that the plaintiffs do not themselves haul trash into Indiana nor do they employ people who do so. Rather, the plaintiffs are exclusively trash-brokers who arrange for the importation of trash into Indiana by facilitating contacts between generators of solid waste, independent truck drivers who haul the waste, and Indiana landfill operators. Furthermore, there was no evidence that the plaintiffs have ever paid tipping fees to an Indiana landfill operator. Thus, the plaintiffs’ claim of injury rests squarely upon their claim that they will be economically injured by the dislocation in the marketplace that would result from the enforcement of H.E.A. 1240. The Constitution places limits on those who may seek to use the federal courts as a forum to address their grievances. The limitations found in article Ill’s “case” or “controversy” requirement restrict the “exercise of judicial power ... to litigants who can show ‘injury in fact’ resulting from the action which they seek to have the court adjudicate.” Valley Forge Christian College v. Americans United for Separation of Church & State, Inc., 454 U.S. 464, 473, 102 S.Ct. 752, 759, 70 L.Ed.2d 700 (1982). The constitutional “injury in fact” requirement is met when a litigant shows (1) that it has suffered an actual or threatened personal injury, (2) caused by the challenged activity, (3) for which the court can provide a remedy. See, e.g., Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 3324, 82 L.Ed.2d 556 (1984); Valley Forge Christian College, 454 U.S. at 472, 102 S.Ct. at 758; City of Evanston v. Regional Transp. Auth., 825 F.2d 1121, 1123 (7th Cir.1987), cert. denied, 484 U.S. 1005, 108 S.Ct. 697, 98 L.Ed.2d 649 (1988); Simmons v. Interstate Commerce Comm’n, 909 F.2d 186, 189 (7th Cir.1990). In this case, the evidence has shown that enforcement of H.E.A. 1240 would cause the plaintiffs’ business in Indiana to cease. The Governor, however, argues that this is not the type of injury the courts should recognize in a commerce clause case. Relying on Exxon v. Maryland, 437 U.S. 117, 98 S.Ct. 2207, 57 L.Ed.2d 91 (1978), the state contends that this court’s responsibility is the “protection of the ‘national market place’ ” and that because “[pjlaintiffs are interested in [no] more than protecting their own business practices, they truly lack ... standing.” Presumably, the Governor views the plaintiffs’ election to do business in Indi