Congressional Record, Volume 141 Issue 78 (Thursday, May 11, 1995)

[Congressional Record Volume 141, Number 78 (Thursday, May 11, 1995)]
[Senate]
[Pages S6563-S6565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT

Mr. CHAFEE. Mr. President, I ask unanimous consent that the Senate
resume the pending business.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

A bill (S. 534) to amend the Solid Waste Disposal Act to
provide authority for States to limit the interstate
transportation of municipal solid waste, and for other
purposes.

The Senate continued with the consideration of the bill.
Mr. FORD. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CHAFEE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WARNER. Mr. President, I would like to seek the chairman's
clarification of the relationship between the flow-control provisions
of S. 534 and existing State law. Section 4012(i)(2) of the bill before
the Senate states that ``[n]othing in the section shall be construed to
authorize a political subdivision of a State to exercise flow control
authority granted by this section in a manner that is inconsistent with
State law.''
Am I correct that this language would restrict a local government
from exercising flow control if an existing State statute does not
grant such authority to a local government, such as section 15.1-28.01
of the Code of Virginia (1950), as amended?
Mr. ROBB. I share the concerns of my senior colleague. In Virginia,
local governments and private industry have worked over the years to
develop a fair compromise to provide for an effective integrated waste
management system. It is not our intention to have this legislation
interfere with that balance.
Mr. SMITH. The Senators from Virginia are correct. This legislation
is not intended to expand a local government's flow-control authority
beyond that permitted under existing State law.
Mr. CHAFEE. Mr. President, I have a series of amendments that have
been agreed to. I will send them to the desk successively.

Amendment No. 861

(Purpose: To allow exemption from certain requirements of units in
small, remote Alaska villages)

Mr. CHAFEE. The first is an amendment by Senator Murkowski. I send
the amendment to the desk and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr.
Murkowski, proposes an amendment numbered 861.

Mr. CHAFEE. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection it is so ordered.
The amendment is as follows:

On page 69, line 19, before ``would be infeasible'' insert
``or unit that is located in or near a small, remote Alaska
village''.

Mr. BAUCUS. Mr. President, we have examined this amendment and we
have no objection to it.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 861) was agreed to.

Amendment No. 868

Mr. CHAFEE. Mr. President, I send an amendment to the desk and ask
for its immediate consideration. This amendment is proposed by Senator
Moynihan.
The amendment has the agreement of both sides.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr.
Moynihan, proposes an amendment numbered 868.

Mr. CHAFEE. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

[[Page S6564]]

On page 60, line 7, strike the word ``a'' and insert ``the
particular''.
On page 60, line 8, strike the word ``facility'' and insert
in its place ``facilities or public service authority''.
On page 60, line 15, strike the word ``facility'' and
insert in its place ``facilities or public service
authority''.

Mr. BAUCUS. Mr. President, this amendment has been examined on this
side and we are in agreement with it.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
868.
The amendment (No. 868) was agreed to.

Amendment No. 869

(Purpose: To authorize the administrator to exempt a landfill operator
from ground water monitoring requirements in circumstances in which
there is no chance of ground water contamination)

Mr. CHAFEE. Mr. President, I send to the desk an amendment on behalf
of Senator Campbell, cosponsored by Senators Brown, and Kempthorne, and
ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr.
Campbell, for himself, Mr. Brown, and Mr. Kempthorne,
proposes an amendment numbered 869.

Mr. CHAFEE. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection it is so ordered.
The amendment is as follows:

On page 69, strike the quotation mark and period at the end
of line 22.
On page 69, between lines 22 and 23, insert the following:
``(5) No-migration exemption.--
``(A) In general.--Ground water monitoring requirements may
be suspended by the Director of an approved State for a
landfill operator if the operator demonstrates that there is
no potential for migration of hazardous constituents from the
unit to the uppermost aquifer during the active life of the
unit and the post-closure care period.
``(B) Certification.--A demonstration under subparagraph
(A) shall--
``(i) be certified by a qualified groundwater scientist and
approved by the Director of an approved State.
``(C) Guidance.--
``(i) In general.--Not later than 6 months after the date
of enactment of this paragraph, the Administrator shall issue
a guidance document to facilitate small community use of the
no migration exemption under this paragraph.

Mr. BAUCUS. Mr. President, I have examined the amendment and it is
acceptable.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
869.
The amendment (No. 869) was agreed to.

Amendment No. 870

Mr. CHAFEE. Mr. President, I send to the desk an amendment on behalf
of Senator Dodd and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Dodd,
for himself, and Mr. Lieberman, proposes an amendment
numbered 870.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 55, line 8, add:
``(B) other body created pursuant to State law, or'',
Redesignate ``(B)'' as ``(C)''.
On page 62, line 1, insert after ``authority'' ``or on its
behalf by a State entity''.
On page 62, line 17, insert after ``bonds'' ``or had issued
on its behalf by a State entity''.
On page 62, line 24, strike all through page 63, line 3,
and insert the following: ``The authority under this
subsection shall be exercised in accordance with section
4012(b)(4).''.

Mr. BAUCUS. Mr. President, I ask the clerk, is this the amendment
that begins ``On page 55, line 8 add''?
The PRESIDING OFFICER. The Senator is correct.
Mr. BAUCUS. I have examined the amendment and find it acceptable.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 870) was agreed to.
Mr. BAUCUS. Mr. President, I ask unanimous consent that Senator
Lieberman be added as an original cosponsor to the Dodd amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendment No. 871

(Purpose: To make clear that flow control authority is provided to
public service authorities and modify the condition for exercise of
flow control authority)

Mr. CHAFEE. Mr. President, I send to the desk an amendment on behalf
of Senators Roth and Biden and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Roth,
for himself and Mr. Biden, proposes an amendment numbered
871.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 53, line 3, strike ``or political subdivision'' and
insert ``, political subdivision, or public service
authority''.
On page 53, line 4, strike ``or political subdivision'' and
insert ``, political subdivision, or public service
authority''.
On page 53, lines 7 and 8, strike ``or political
subdivision'' and insert ``, political subdivision, or public
service authority''.
On page 53, line 10, strike ``or political subdivision''
and insert ``, political subdivision, or public service
authority''.
On page 56, lines 1 and 2, ``and each political subdivision
of a State'' and insert ``, political subdivision of a State,
and public service authority''.
On page 56, line 12, strike ``or political subdivision''
and insert ``, political subdivision, or public service
authority''.
On page 57, line 4, strike ``or political subdivision'' and
insert ``, political subdivision, or public service
authority''.
On page 57, line 7, strike ``or political subdivision'' and
insert ``, political subdivision, or public service
authority''.
On page 57, line 21, strike ``or political subdivision''
and insert ``, political subdivision, or public service
authority''.

Mr. BAUCUS. Mr. President, I also have examined this amendment and
find it acceptable.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 871) was agreed to.

Amendment No. 872

(Purpose: To modify the condition for exercise of flow control
authority)

Mr. CHAFEE. Mr. President, I send to the desk an amendment on behalf
of Senator Biden and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Biden,
for himself and Mr. Roth, proposes an amendment numbered 872.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 56, line 23, strike ``1994.'' and insert ``1994, or
were in operation prior to May 15, 1994 and were temporarily
inoperative on May 15, 1994,''.

Mr. BAUCUS. Mr. President, we find this amendment acceptable.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
872.
The amendment (No. 872) was agreed to.

Amendment No. 873

(Purpose: To protect communities that enacted flow control ordinances
after substantial construction of facilities but before May 15, 1994)

Mr. CHAFEE. Mr. President, on behalf of Senators Smith, Thompson and
Cohen, I send to the desk an amendment and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Smith,
for himself, Mr. Thompson and Mr. Cohen, proposes an
amendment numbered 873.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 56, lines 18 through 21, strike ``the substantial
construction of which facilities was performed after the
effective date of that law, ordinance, regulation, or other
legally binding provision and''.
On page 67, strike the period and quotation mark at the end
of line 2.
One page 67, between lines 2 and 3, insert the following:
[[Page S6565]] ``(k) Title Not Applicable To Listed
Facilities.--Notwithstanding any other provision of this
title, the authority to exercise flow control shall not apply
to any facility that--
``(1) on the date of enactment of this Act, is listed on
the National Priorities List under the comprehensive
Environmental, Response, Compensation and Liability Act (42
U.S.C. 9601 et seq.): or
``(2) as of May 15, 1994, was the subject of a pending
proposal by the Administrator of the Environmental Protection
Agency to be listed on the National Priorities List.''.

Mr. BAUCUS. We find this amendment acceptable.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 873) was agreed to.

Amendment No. 874

(Purpose: To modify the conditions on exercise of flow control
authority)

Mr. CHAFEE. Mr. President, on behalf of Senators Smith and Wellstone,
I send to the desk an amendment and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Smith,
for himself and Mr. Wellstone, proposes an amendment numbered
874.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 56, strike lines 10 through 13 and insert the
following:
``(A)(i) had been exercised prior to May 15, 1994, and was
being implemented on May 15, 1994, pursuant to a law,
ordinance, regulation, or other legally binding provision of
the State or political subdivision; or
``(ii) had been exercised prior to May 15, 1994, but
implementation of such law, ordinance, regulation, or other
legally binding provision of the State or political
subdivision was prevented by an injunction, temporary
restraining order, or other court action, or was suspended by
the voluntary decision of the State or political subdivision
because of the existence of such court action.
On page 60, strike lines 1 through 5 and insert the
following:
``(A)(i) the law, ordinance, regulation, or other legally
binding provision specifically provides for flow control
authority for municipal solid waste generated within its
boundaries; and
``(ii) such authority was exercised prior to May 15, 1995,
and was being implemented on May 15, 1994.

Mr. BAUCUS. Mr. President, we accept the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 874) was agreed to.

Amendment No. 875

(Purpose: To clarify the intent of the provision relating to the
duration of flow control authority)

Mr. CHAFEE. Mr. President, on behalf of Senator Snowe, I send to the
desk an amendment and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Ms. Snowe,
for herself and Mr. Cohen, proposes an amendment numbered
875.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 58, line 5, strike ``original facility'' and insert
``facility (as in existence on the date of enactment of this
section)''.

Mr. BAUCUS. Mr. President, is this the amendment which begins ``On
page 58, line 5, strike `original facility''' ?
The PRESIDING OFFICER. The Senator is correct.
Mr. BAUCUS. I thank the Chair. We accept this amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 875) was agreed to.

Amendment No. 876

(Purpose: To provide for the case of a formation of a solid waste
management district for the purchase and operation of an existing
facility)

Mr. CHAFEE. Mr. President, on behalf of Senator Pryor, I send to the
desk an amendment and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Pryor,
proposes an amendment numbered 876.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 61, between lines 7 and 8, insert the following:
``(d) Formation of solid waste management district to
purchase and operate existing facility.--Notwithstanding
subsection (b)(1)(A) and (B), a solid waste management
district that was formed by a number of political
subdivisions for the purpose of purchasing and operating a
facility owned by 1 of the political subdivisions may
exercise flow control authority under subsection (b) if--
``(1) the facility was fully licensed and in operation
prior to May 15, 1994;
``(2) prior to April 1, 1994, substantial negotiations and
preparation of documents for the formation of the district
and purchase of the facility were completed;
``(3) prior to May 15, 1994, at least 80 percent of the
political subdivisions that were to participate in the solid
waste management district had adopted ordinances committing
the political subdivisions to participation and the remaining
political subdivisions adopted such ordinances within 2
months after that date;and
``(4) the financing was completed, the acquisition was
made, and the facility was placed under operation by the
solid waste management district by September 21, 1994.

Mr. BAUCUS. Mr. President, I urge the adoption of the amendment.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 876) was agreed to.

Amendment No. 877

(Purpose: To make clear that entering into a put or pay agreement
satisfies the requirement of a legally binding provision and a
designation of a facility)

Mr. CHAFEE. Mr. President, on behalf of Senators Cohen and Snowe, I
send to the desk an amendment and ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Rhode Island [Mr. Chafee], for Mr. Cohen,
for himself and Ms. Snowe, proposes an amendment numbered
877.

Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 55, between lines 10 and 11 insert the following:
``(5) Put or pay agreement.--The term `put or pay
agreement' means an agreement that obligates or otherwise
requires a State or political subdivision to--
``(A) deliver a minimum quantity of municipal solid waste
to a waste management facility; and
``(B) pay for that minimum quantity of municipal solid
waste even if the stated minimum quantity of municipal solid
waste is not delivered within a required period of time.
``(2) For purposes of the authority conferred by
subsections (b) and (c), the term `legally binding provision
of the State or political subdivision' includes a put or pay
agreement that designates waste to a waste management
facility that was in operation on or before December 31, 1988
and that requires an aggregate tonnage to be delivered to the
facility during each operating year by the political
subdivisions which have entered put or pay agreements
designating that waste management facility.
``(3) The entering into of a put or pay agreement shall be
considered to be a designation (as defined in subsection
(a)(1)) for all purposes of this title.''

Mr. BAUCUS. Mr. President, I have examined it and agreed with it.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment (No. 877) was agreed to.

____________________