INDIANAPOLIS, DEC. 27 -- Key provisions of Indiana's new law regulating out-of-state trash are unconstitutional because they inhibit commerce among states, a federal judge ruled today.

U.S. District Judge John D. Tinder permanently banned the state from enforcing three provisions, concluding they violate the Constitution's commerce clause allowing free trade among states.

"The same protection that the commerce clause gives to the citizens of other states who feel the need to import waste into Indiana protects Indiana citizens when they export hazardous waste to other states," Tinder wrote.

"Those provisions {in the Constitution} will protect future generations of Hoosiers should they find the need to export even solid municipal waste to another state," the opinion said.

Tinder's ruling was made five months after the end of a trial on a suit filed by two Pennsylvania trash haulers. They challenged the law shortly after Gov. Evan Bayh (D) signed it last spring.

One provision required a trash hauler to certify where the largest part of the waste in a shipment was generated. Another required an out-of-state hauler to receive a health officer's certification that the shipment contained no hazardous or infectious waste. A third provision imposed a dumping fee equal to the fee charged at the landfill closest to the shipment's point of origin.

Attorney General Linley E. Pearson said about a half-dozen other states had similar trash laws struck down on the commerce clause argument.

Bayh, vacationing in South Carolina, issued a statement saying he will meet with the state's congressional delegation and contact other governors to solicit help in getting federal law changed.

"We will not let down in the fight against the indiscriminate dumping of East Coast trash on Indiana," Bayh said.