[Congressional Record Volume 143, Number 34 (Monday, March 17, 1997)]
[Senate]
[Pages S2356-S2357]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROBB:
  S. 448. A bill to amend the Solid Waste Disposal Act to authorize 
local governments and Governors to restrict receipt of out-of-State 
municipal solid waste, and for other purposes; to the Committee on 
Environment and Public Works


           the LOCAL GOVERNMENT INTERSTATE WASTE CONTROL ACT

 Mr. ROBB. Mr. President, today, I introduce legislation which 
will protect communities from being inundated with unwanted garbage 
generated out-of-State. The essential thrust of the legislation is to 
empower localities to

[[Page S2357]]

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. It also seeks to 
strike the appropriate balance between State and local authority.
  Those of us who formerly served in State government are keenly aware 
of the divisions of labor among the various levels of government. Due 
to Supreme Court decisions regarding the U.S. Constitution's commerce 
clause, disposing of trash implicates all three levels of government.
  Under the commerce clause, only Congress is permitted to regulate 
interstate commerce. Because the Supreme Court has determined that 
garbage is commerce like any other commodity, States and localities 
have been powerless to halt the disposal of waste disposed in their 
jurisdictions which was generated outside the State. Thus the Federal 
Government must determine how best to regulate this article of 
commerce.
  The role of the States in regulating the disposal of garbage centers 
on its responsibility to protect the State's environment. Based on 
environmental criteria, the States determine whether to issue permits 
for the construction of landfills, and are charged with monitoring the 
operation of landfills and incinerators to guarantee compliance with 
environmental laws. My bill will not affect in any way the State's 
right to enforce the States environmental standards.
  The real responsibility for disposing of trash, however, has rested 
historically with local governments. It is their responsibility to pick 
up the trash and to find a place to put it down. Because this is the 
locality's ultimate responsibility, and because the local community is 
the one most directly affected by garbage imports, my bill delegates 
primary authority regarding interstate waste to the local governments.
  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 the 
use of land in 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 waste.
  Striking the right balance between State and local authority was only 
half the battle. The other major issue implicated by placing 
restrictions on out-of-State waste is how to treat existing facilities. 
In many cases, existing facilities which accept out-of-State waste 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 strict federal regulations to cut off 
their commerce completely. Therefore, my measure balances these 
interests by allowing the Governor of each State to limit the amount of 
out-of-State waste which can be disposed of in an existing facility.
  To finance new waste disposal facilities that meet stringent State 
and Federal environmental regulations, some local governments are 
cooperating with private developers to build these state-of-the-art 
facilities. This cooperative relationship, however, can only florish if 
the locality has some leverage over the developer. Under present law, a 
local government is powerless to deny a zoning permit to a landfill 
developer simply because waste from out-of-State will be disposed in 
the landfill. If the local government is given the power to reject out-
of-State waste, it also will have the power to accept the waste, 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.
  While inviting a 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, my legislation absolutely bans out-of-
State waste from new facilities unless a community affirmatively agrees 
to the imports. This is important to many communities in my State, 
mostly rural, that can fall prey under existing law to unscrupulous 
landfill developers who, in their search for land, can run roughshod 
over the wishes of the locality. I hope my colleagues will join with me 
in supporting this legislation and protecting our communities from 
unwanted out-of-State trash.
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