[Congressional Record Volume 140, Number 146 (Saturday, October 8, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 8, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
S. 2345, A BILL TO AUTHORIZE LOCAL AND STATE GOVERNMENTS TO MANAGE AND 
                          CONTROL SOLID WASTE

  Mr. LEVIN. Mr. President, the House has taken up and passed S. 2345, 
a bill to allow local and State governments to limit and control the 
flow of solid waste. The House inserted a substitute amendment which 
was developed during intense negotiations between the House and the 
Senate, and between exporting and importing States. The Senate should 
take up a pass S. 2345 as amended by the House, without amendment.
  The bill is a bipartisan, multi-State compromise. It provides local 
governments the opportunity to limit the importation of out-of-State 
waste, and the authority to limit the exportation of municipal solid 
waste from their jurisdiction. However, the latter authority is granted 
only if the State or qualified political subdivision finds that flow 
control is necessary to meet the current or anticipated waste 
management needs of the area and that the exercise of this authority is 
necessary to provide integrated solid waste management services in an 
economically efficient and environmentally sound manner. Further, local 
governments wishing to use flow control authority must also establish a 
program to separate recyclable materials from the municipal waste 
stream.
  S. 2345, as amended, includes an important provision for Michigan, 
the needs determination section. Under this section, Michigan's model 
permitting and planning process can continue without fear of 
constitutional challenge. Michigan has long required its counties to 
engage in long-term comprehensive solid waste management planning and 
permitting. This planning process must take into account local and 
regional needs for the next 20 years. That is the kind of planning that 
encourages waste reduction and pollution prevention. But, a variety of 
Supreme Court decisions, including Fort Gratiot Landfill vs. the 
Michigan Department of Natural Resources, have thrown this kind of 
planning into disarray. This section and this whole bill will stop the 
playing field from constantly tilting and provide county managers and 
States with much-needed stability.
  Mr. President, I urge my colleagues to move this legislation before 
adjourning. It makes sense. It encourages wise, long-term planning that 
is sensitive to economics and the environment.

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