[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Page S12327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        FLOW CONTROL LEGISLATION

 Mr. WELLSTONE. Mr. President, the U.S. Congress has failed 
this year to resolve a serious solid waste problem, that of flow 
control. Many solid waste management issues have been rightly addressed 
by State and local governments. State and local governments have 
decided how solid waste will be managed, preferring landfilling, 
incineration, recycling, composting, waste reduction, or a combination 
thereof. Similarly, they have also provided the needed funding for 
their solid waste programs.
  However, while State and local governments have played the key role, 
the Federal Government has also been involved in the management of 
solid waste. Through regulatory actions and federal court rulings, the 
Federal Government has dramatically influenced how State and local 
governments have approached their solid waste problems. For example, 
when the Supreme Court recently held that State and local governments 
could no longer designate where privately collected waste could be 
disposed of, some States and localities--including many in my State of 
Minnesota--were adversely affected.
  No longer could a State--except in rare instances--prohibit waste 
shipments from out-of-State or impose fees on waste disposal that 
discriminate on the basis of origin, nor direct where privately 
collected waste had to be disposed. As a result of this decision--and 
those of other courts--many local governments teeter on the brink of 
bankruptcy. Without the ability to guarantee a volume of waste flow to 
their waste facilities, local governments are less able to finance the 
facility, as well as to plan for future development.
  Recent Congresses, in addition to this one, have attempted to address 
the flow control problem. Legislation has been introduced to give 
States the authority to restrict the amount of solid waste imported 
from other States. However, the Senate and House have yet to agree on a 
solution. Due to Congress' inability to address flow control, many 
local governments are contemplating--or have already undertaken--
drastic actions such as laying off employees and raising taxes. In 
addition, some local governments have had their bonds downgraded. 
Alarmingly, it seems that if the flow control problem is not addressed 
soon, the financial problems of many communities in my State of 
Minnesota and elsewhere will only worsen.
  I have wholeheartedly supported flow control legislation in the past. 
While many in Congress continue to oppose such legislation, I will not 
rest. In the 105th Congress, I will continue to advocate flow control 
legislation to help communities in our country better manage their 
solid waste.

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