[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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