[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


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

 
                           WASTE LEGISLATION

  Mr. SPECTER. Mr. President, I am pleased to support this vital 
legislation concerning municipal solid waste. It includes two 
components which control interstate shipments of waste and allow the 
control of waste within a local jurisdiction. Rather than reiterate my 
thoughts on the importance of legislation empowering States to restrict 
cross-border shipments of garbage, I would refer my colleagues to my 
remarks on September 30, 1994, in which I expressed my support for S. 
2345, the Interstate Transportation of Municipal Solid Waste Act of 
1994, which passed the Senate by unanimous consent.
  During this session of Congress, we have encountered a new issue with 
respect to municipal solid waste--the issue of waste flow control. As a 
result, today we are also considering legislation which would restore 
local authority to control the flow of municipal solid waste.
  On May 16, 1994, the Supreme Court held (6-3) in Carbone v. 
Clarkstown that a flow control ordinance, which requires all solid 
waste to be processed at a designated waste management facility, 
violates the Commerce Clause of the United States Constitution. In 
striking down the Clarkstown ordinance, the Court stated that the 
ordinance discriminated against interstate commerce by allowing only 
the favored operator to process waste that is within the town's limits.
  As a result of the Court's decision, flow control ordinances in 
Pennsylvania and other States are considered 
unconstitutional. Therefore, it is necessary for Congress to enact 
legislation providing clear authorization for local governments to 
utilize waste flow control.

  This issue is of vital importance to the local governments in 
Pennsylvania, as evidenced by the numerous phone calls and letters I 
have received from individual Pennsylvania counties and municipal solid 
waste authorities that support waste flow control legislation. The 
County Commissioners Association of Pennsylvania has pointed out that 
since 1988, flow control has been the primary tool used by 65 of the 67 
Pennsylvania counties to enforce solid waste plans and meet waste 
reduction/recycling goals or mandates. Many Pennsylvania jurisdictions 
have spent a considerable amount of public funds on disposal 
facilities, including upgraded sanitary landfills, state-of-the-art 
resource recovery facilities, and co-composing facilities. In the 
absence of flow control authority, many of these worthwhile projects 
could be jeopardized.
  I am pleased that the parties in interest on this legislation have 
been able to agree on a compromise that protects the ability of 
municipalities to plan effectively for the management of their 
municipal solid waste while also guaranteeing that market forces will 
still provide opportunities for enterprising companies in the waste 
management industry.
  In conclusion, this legislation makes sense because in the absence of 
Federal legislation to empower States to restrict cross-border flows of 
waste, Pennsylvania and other States inevitably become dumping grounds 
for States that haven't bit the bullet and enacted realistic long-term 
waste management plans. Further, by restoring flow control authority, 
this legislation protects Pennsylvania and its component local 
jurisdictions, which have promulgated comprehensive solid waste 
management plans and established state-of-the-art facilities to handle 
waste generated within the Commonwealth.
  I urge my colleagues to support this critical legislation.
  Mrs. BOXER addressed the Chair.
  The PRESIDING OFFICER (Ms. Moseley-Braun). The Senator from 
California.
  Mrs. BOXER. I thank the Chair. I just will say to the Senate, as soon 
as the majority leader is ready to speak, or the distinguished 
Republican leader, I will yield the floor at that time.

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