[Congressional Record Volume 140, Number 69 (Tuesday, June 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                                  NOTE

  (The remarks of Mr. Robb intended to accompany the introduction of S. 
2126, on May 18, 1994, were inadvertently omitted from the Record of 
that date but will appear at the appropriate place in the bound volume, 
as follows:)
  Mr. ROBB. Mr. President, I rise today to introduce legislation which 
will protect communities from being inundated with unwanted garbage 
generated out of State, a problem that has plagued a number of 
communities all over the country and several in my own State of 
Virginia.
  I commend Senator Baucus, Senator Coats, and others who have worked 
to attempt to resolve this issue for a number of years. Few of us can 
forget the long debate we had in this Chamber over this particular 
matter in the summer of 1992, and few of us care to repeat it.
  I have worked with the Environment and Public Works Committee for the 
last 6 months or so to help find a workable and fair solution to this 
seemingly intractable problem. I introduce this legislation with the 
hope that it will advance the debate, and I look forward to continuing 
a dialog with Chairman Baucus and others as we begin to move forward in 
earnest within the coming weeks to resolve this very contentious issue. 
There is a new sense of urgency regarding this issue. The U.S. Supreme 
Court in this session alone has handed down three decisions dealing 
with the interstate shipment and disposing of trash. On Monday of this 
week the court decided a case involving local flow control legislation 
which is really the flip side of the issue which this legislation 
addresses. As a result of these decisions, it is clear that Congress 
must act to provide clear rules to bring order to this growing multi-
billion-dollar industry.
  Because the Supreme Court has determined that garbage is commerce 
like any other commodity, States and localities have heretofore been 
powerless to halt the disposal of waste disposed of in their 
jurisdictions which was generated outside the State. Based on their 
responsibility to protect the environment, the States determine whether 
to issue permits for construction of landfills and are charged with 
monitoring the operation of landfills and incinerators to guarantee 
compliance with environmental laws.
  The bill that I introduce today will not affect in any way the 
States' rights to enforce the States' environmental standards. The 
thrust of the legislation is to empower localities to protect 
themselves from unwanted trash by allowing them to decide whether 
landfills or incinerators located within their communities should be 
permitted to accept out-of-State waste. In doing so, it seeks to strike 
the appropriate balance between State and local authority. The real 
responsibility for picking up the trash and finding a place to put it 
down rests ultimately with localities.
  Because the local community is the one most directly affected by 
garbage imports, this legislation vests primary authority regarding 
interstate wastes in local government. The legislation defines an 
affected local government as the political subdivision of the State 
charged with making land use decisions. In my view, if an elected body 
is competent to make decisions regarding use of the land within the 
community, then it is certainly competent to determine whether a 
landfill already permitted under State law should be allowed to accept 
out-of-State wastes.
  Striking the right balance between State and local authority, 
however, was only half the battle. The other major issue implicated by 
placing restrictions on out-of-State wastes is how to treat existing 
facilities. In many cases, existing facilities which accept out-of-
State wastes do so in the face of local opposition. These communities, 
understandably, want us to stop the garbage from flowing.

  It would not be fair, however, to those who expended millions of 
dollars to build new landfills in compliance with the strict Federal 
regulations to cut off their commerce completely. Therefore, the 
measure that I am introducing today balances these interests by 
allowing the Governor of each State to limit the amount of additional 
out-of-State wastes which can be disposed of in existing facilities and 
it does not otherwise abrogate existing contracts already in effect.
  I believe the cooperation between local governments and landfill 
developers will grow over the next few years. Many localities are faced 
with the closure of their local landfills and simply do not have the 
resources to build new ones in compliance with strict new landfill 
regulations promulgated under section D of RCRA, the Resource 
Conservation and Recovery Act.
  Increasingly, these localities will invite private landfill 
developers into the community to build regional landfills with the 
costs subsidized by other communities which export wastes. This 
cooperative relationship, however, can only flourish if the locality 
has some leverage over the development. Under current law, a local 
government is powerless to deny a zoning permit to a landfill developer 
simply because wastes from out of State will be disposed of in the 
landfill.
  If the local government is given the power to reject out-of-State 
wastes, it will also have the power to accept the wastes with 
conditions. By allowing communities to have leverage at the bargaining 
table, they can enter into host community agreements which are 
beneficial to the locality and its neighbors. In many instances, this 
can be a winning proposition for the local community. The new landfill 
can be built at no cost to the community, and the community can charge 
a host community fee, which can be used to reduce taxes or pay for 
other projects, such as building schools. In fact, in Virginia, such an 
arrangement has worked out well for Charles City County. Faced with 
having to build a new landfill over 3 years ago, the county government 
invited private developers to build a new landfill which would accept 
out-of-State wastes. Not only did Charles City County not have to pay 
the cost of constructing a new landfill, but the county is not charged 
for disposing of its wastes there and the revenue generated by the host 
county agreement has allowed it to construct a new $18 million school 
complex while cutting real estate taxes. In effect, the costs of the 
landfill are being subsidized by those export communities which choose 
to send wastes elsewhere at high cost.
  While inviting the landfill developer into a community may not be the 
solution for every local government, it should remain an option for 
those who choose to pursue it. And under my legislation, the local 
government would not have to make such a decision alone. The 
legislation requires the local government to consult with the Governor 
and adjoining local governments before a decision is made.
  More importantly, however, this legislation absolutely bans out-of-
State waste from new facilities unless a community affirmatively agrees 
to imports. This is important to many communities in my State, mostly 
rural, that can fall prey under the existing law to unscrupulous 
landfill developers who, in their search for land, can run roughshod 
over the wishes of the locality.
  I hope that my colleagues will join with me in supporting this 
legislation and protecting our communities from unwanted out-of-State 
trash.
  Mr. President, I send a bill to the desk and ask that it be 
appropriately referred.
  I note the absence of a quorum.

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