[Congressional Record Volume 143, Number 82 (Thursday, June 12, 1997)]
[Senate]
[Pages S5614-S5617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD:
  S. 899. A bill to amend the Solid Waste Disposal Act to provide for 
flow control of municipal solid waste; to the Committee on Environment 
and Public Works.


                 THE MUNICIPAL SOLID WASTE DISPOSAL ACT

  Mr. DODD. Mr. President, today, I am introducing the Solid Waste 
Disposal Act of 1997. It seeks to correct the May 1994 Supreme Court 
Decision in the matter of Carbone versus Town of Clarkstown which has 
had a devastating impact on Connecticut and States around the country. 
This bill is very similar to the proposal that overwhelmingly passed 
the Senate in the last Congress by a vote of 94 to 6. It protects 
communities and taxpayers that have invested hundreds of millions of 
dollars to build economical and environmentally clean solid waste 
facilities --only to see those dollars now potentially lost because of 
the Carbone decision. Carbone held that towns and cities cannot control 
the flow of solid waste to facilities it has built or operated.
  In this bill, flow control authority, would remain with those 
communities that were operating or constructing disposal facilities or 
had contracted for such disposal prior to the Carbone decision. There 
is no prospective flow control; in fact, the authority would cease 30 
years after enactment of the legislation.
  Approximately 35 States were adversely affected by the Carbone 
decision, which invalidated local flow control authority an issue that 
is vital to the fiscal soundness and public safety of States and 
localities. The Justices left it to Congress to reinstate flow control, 
and it is my belief that if Congress does not enact this legislation, 
States will continue to suffer environmentally and financially.
  State and local governments and State-created entities have a vested 
interest in how solid waste produced within their borders is 
transported and disposed of. Flow control is the backbone of 
Connecticut's integrated waste management plan. My State and many 
others had the foresight to plan ahead--to move away from landfills 
toward a more environmentally and economically sound system of 
recycling and waste-to-energy facilities. And it had been working.
  Localities made significant capital investments to construct 
expensive waste disposal facilities. In Connecticut, they incurred 
almost $750 million in debt. More than 80 percent of municipalities in 
Connecticut have contracts with the State's six waste-to-energy 
facilities.
  By 1991, the recycling rate had increased to 23 percent, but has 
remained flat since 1994. In 1989, there were 50 landfills, and today, 
there are only three, a sign of Connecticut's progress in devising a 
better way to dispose of its solid waste.
  Revenues from the facilities, used to pay off the bonds, were to be 
ensured by flow control authority. Without the ability to direct waste 
to appropriate facilities, these revenue bonds are in jeopardy. 
Municipalities entered into put or pay contracts--wherein they agree to 
dispose of a set amount of waste at a designated facility or pay a 
penalty. Now, after Carbone they are forced to pay for the shortfall 
created by trash moving to cheaper, less environmentally friendly 
disposal areas. Facilities in Connecticut are reporting tonnage 
reductions of more than 20 percent. That translates into hundreds of 
thousands of dollars in lost revenue from reduced energy production and 
tipping fees--what the waste haulers pay to dump the trash.
  At a time when Congress is working to ease the tax burden on working 
families, the Carbone case will cause taxes to increase for a great 
many Connecticut residents if towns are unable to meet their trash 
quotas. Citizens would be forced to pay twice --first, to have their 
waste transported, and again to cover the put-or-pay requirement.
  This legislation strikes an appropriate balance between the interests 
of communities who must dispose of their solid waste and the interests 
of the haulers paid to move it. I am confident that if we pass this 
flow control legislation, Connecticut municipalities, and localities 
around the Nation will be able to administer their solid waste 
management systems in environmentally sound and fiscally responsible 
manners.

[[Page S5615]]

  I understand Senator Chafee is currently working to craft legislation 
on this subject. I look forward to working with him and my other 
colleagues to resolve this complex problem facing our States and 
localities. Furthermore, I hope my colleagues will join me in 
supporting this bill.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.

                                 S. 899

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Municipal Solid Waste 
     Disposal Act of 1997''.

     SEC. 2. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF 
                   MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4011. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT 
                   OF MUNICIPAL SOLID WASTE AND RECYCLABLE 
                   MATERIAL.

       ``(a) Definitions.--In this section:
       ``(1) Designate.--The term `designate', in reference to the 
     action of a State, political subdivision, or public service 
     authority in designating a waste management facility, means 
     to authorize, require, or contractually commit that all or 
     any portion of the municipal solid waste or recyclable 
     material that is generated within the boundaries of the 
     State, political subdivision, or public service authority be 
     delivered to waste management facilities or facilities for 
     recyclable material or a public service authority identified 
     by the State, political subdivision, or public service 
     authority.
       ``(2) Flow control authority.--The term `flow control 
     authority' means the authority to control the movement of 
     municipal solid waste or voluntarily relinquished recyclable 
     material and direct municipal solid waste or voluntarily 
     relinquished recyclable material to a designated waste 
     management facility or facility for recyclable material.
       ``(3) Legally binding provision of the state or political 
     subdivision.--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 that have entered put or pay agreements 
     designating that waste management facility. The entering into 
     of a put or pay agreement shall be considered to be a 
     designation (as defined in subsection (a)(1)) for purposes of 
     this title.
       ``(4) Municipal solid waste.--
       ``(A) In general.--The term `municipal solid waste' means 
     solid waste generated by the general public or from a 
     residential, commercial, institutional, or industrial source, 
     consisting of paper, wood, yard waste, plastics, leather, 
     rubber, and other combustible material and noncombustible 
     material such as metal and glass, including residue remaining 
     after recyclable material has been separated from waste 
     destined for disposal, and including waste material removed 
     from a septic tank, septage pit, or cesspool (other than from 
     portable toilets).
       ``(B) Exclusions.--The term `municipal solid waste' does 
     not include--
       ``(i) waste identified or listed as a hazardous waste under 
     section 3001 or waste regulated under the Toxic Substances 
     Control Act (15 U.S.C. 2601 et seq.);
       ``(ii) waste, including contaminated soil and debris, 
     resulting from a response action taken under section 104 or 
     106 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9604, 
     9606) or any corrective action taken under this Act;
       ``(iii) medical waste listed in section 11002;
       ``(iv) industrial waste generated by manufacturing or 
     industrial processes, including waste generated during scrap 
     processing and scrap recycling;
       ``(v) recyclable material; or
       ``(vi) sludge.
       ``(5) Political subdivision.--The term `political 
     subdivision' means a political subdivision of a State.
       ``(6) Public service authority.--The term `public service 
     authority' means--
       ``(A) an authority or authorities created pursuant to State 
     legislation to provide individually or in combination solid 
     waste management services to political subdivisions;
       ``(B) other body created pursuant to State law; or
       ``(C) an authority that was issued a certificate of 
     incorporation by a State corporation commission established 
     by a State constitution.
       ``(7) Put or pay agreement.--The term `put or pay 
     agreement' means an agreement that obligates or otherwise 
     requires a State, political subdivision, or public service 
     authority 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.
       ``(8) Recyclable material.--The term `recyclable material' 
     means material that has been separated from waste otherwise 
     destined for disposal (at the source of the waste or at a 
     processing facility) or has been managed separately from 
     waste destined for disposal, for the purpose of recycling, 
     reclamation, composting of organic material such as food and 
     yard waste, or reuse (other than for the purpose of 
     incineration).
       ``(9) Waste management facility.--The term `waste 
     management facility' means a facility that collects, 
     separates, stores, transports, transfers, treats, processes, 
     combusts, or disposes of municipal solid waste.
       ``(b) Authority.--
       ``(1) In general.--Each State, political subdivision, or 
     public service authority may exercise flow control authority 
     for municipal solid waste and for recyclable material 
     voluntarily relinquished by the owner or generator of the 
     material that is generated within its jurisdiction by 
     directing the municipal solid waste or recyclable material to 
     a waste management facility or public service authority or 
     facility for recyclable material, if the flow control 
     authority--
       ``(A)(i) had been exercised before May 15, 1994, and was 
     being implemented on May 15, 1994, pursuant to a law 
     (including an ordinance or regulation) or other legally 
     binding provision of the State or political subdivision; or
       ``(ii) had been exercised before May 15, 1994, without 
     regard to whether implementation of such a law (including an 
     ordinance or 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 pendency of a 
     court action; or
       ``(B) has been implemented by designating before May 15, 
     1994, the particular waste management facilities or public 
     service authority to which the municipal solid waste or 
     recyclable material is to be delivered, which facilities were 
     in operation as of May 15, 1994, or were in operation before 
     May 15, 1994, and were temporarily inoperative on May 15, 
     1994.
       ``(2) Limitation.--The authority of this section extends 
     only to the specific classes or categories of municipal solid 
     waste to which flow control authority requiring a movement to 
     a waste management facility was applied on or before May 15, 
     1994 (or, in the case of a State, political subdivision, or 
     public service authority that qualifies under subsection (c), 
     to the specific classes or categories of municipal solid 
     waste for which the State, political subdivision, or public 
     service authority before May 15, 1994, had committed to the 
     designation of a waste management facility).
       ``(3) Lack of clear identification.--With regard to 
     facilities granted flow control authority under subsection 
     (c), if the specific classes or categories of municipal solid 
     waste are not clearly identified, the authority of this 
     section shall apply only to municipal solid waste generated 
     by households.
       ``(4) Effective period of authority.--With respect to each 
     designated waste management facility, the authority of this 
     section shall be effective during the period ending on the 
     later of--
       ``(A) the end of the remaining life of a contract between 
     the State, political subdivision, or public service authority 
     and any other person regarding the movement or delivery of 
     municipal solid waste or voluntarily relinquished recyclable 
     material to a designated facility (as in effect May 15, 
     1994);
       ``(B) completion of the schedule for payment of the capital 
     costs of the facility concerned (as in effect May 15, 1994 
     (without regard to whether the capital costs are subsequently 
     refinanced to provide a reduced interest rate with no change 
     in amount or maturity); or
       ``(C) the end of the remaining useful life of the facility 
     (as in existence on the date of enactment of this section), 
     as that remaining life may be extended by--
       ``(i) retrofitting of equipment or the making of other 
     significant modifications to meet applicable environmental 
     requirements or safety requirements;
       ``(ii) routine repair or scheduled replacement of equipment 
     or components that does not add to the capacity of a waste 
     management facility; or
       ``(iii) expansion of the facility on land that is--

       ``(I) legally or equitably owned, or under option to 
     purchase or lease, by the owner or operator of the facility; 
     and
       ``(II) covered by the permit for the facility (as in effect 
     May 15, 1994).

       ``(5) Additional authority.--
       ``(A) Application of paragraph.--This paragraph applies to 
     a State or political subdivision that, on or before January 
     1, 1984--
       ``(i) adopted a regulation under State law that required 
     the transportation to, and management or disposal at, waste 
     management facilities in the State, of--

       ``(I) all solid waste from residential, commercial, 
     institutional, or industrial sources (as defined under State 
     law); and
       ``(II) recyclable material voluntarily relinquished by the 
     owner or generator of the recyclable material; and

       ``(ii) as of January 1, 1984, had implemented the 
     regulation in the case of every political subdivision of the 
     State.

[[Page S5616]]

       ``(B) Authority.--Notwithstanding anything to the contrary 
     in this section (including subsection (m)), a State or 
     political subdivision described in subparagraph (A) may 
     continue to exercise flow control authority (including 
     designation of waste management facilities in the State that 
     meet the requirements of subsection (c)) for all classes and 
     categories of solid waste that were subject to flow control 
     on January 1, 1984.
       ``(6) Flow control ordinance.--
       ``(A) In general.--Notwithstanding anything to the contrary 
     in this section, but subject to subsection (m), during the 
     effective period described in paragraph (4), a political 
     subdivision that adopted a flow control ordinance in November 
     1991, and designated facilities to receive municipal solid 
     waste before April 1, 1992, may exercise flow control 
     authority until the end of the remaining life of all 
     contracts between the political subdivision and any other 
     person regarding the movement or delivery of municipal solid 
     waste or voluntarily relinquished recyclable material to a 
     designated facility (as in effect May 15, 1994).
       ``(B) Limitation.--The authority under subparagraph (A) 
     applies only with respect to the specific classes or 
     categories of municipal solid waste to which flow control 
     authority was actually applied on or before May 15, 1994.
       ``(c) Commitment to Construction.--
       ``(1) In general.--Notwithstanding subparagraphs (A) and 
     (B) of subsection (b)(1), a political subdivision may 
     exercise flow control authority under subsection (b), if--
       ``(A)(i) the law (including an ordinance or regulation) or 
     other legally binding provision specifically provides for 
     flow control authority for municipal solid waste generated 
     within the boundaries of the political subdivision; and
       ``(ii) the authority was exercised before May 15, 1995, and 
     was being implemented on May 15, 1994; or
       ``(B) before May 15, 1994, the political subdivision 
     committed to the designation of the particular waste 
     management facilities or public service authority to which 
     municipal solid waste is to be transported or at which 
     municipal solid waste is to be disposed of under that law 
     (including an ordinance or regulation), plan, or legally 
     binding provision.
       ``(2) Factors demonstrating commitment.--A commitment to 
     the designation of waste management facilities or public 
     service authority is demonstrated by 1 or more of the 
     following factors:
       ``(A) Construction permits.--All permits required for the 
     substantial construction of the facility were obtained before 
     May 15, 1994.
       ``(B) Contracts.--All contracts for the substantial 
     construction of the facility were in effect before May 15, 
     1994.
       ``(C) Revenue bonds.--Before May 15, 1994, revenue bonds 
     were presented for sale to specifically provide revenue for 
     the construction of the facility (without regard to whether 
     the revenue bonds are subsequently refinanced to provide a 
     reduced interest rate with no change in amount or maturity).
       ``(D) Construction and operating permits.--The State or 
     political subdivision submitted to the appropriate regulatory 
     agency or agencies, on or before May 15, 1994, substantially 
     complete permit applications for the construction and 
     operation of the facility.
       ``(d) Formation of Solid Waste Management District To 
     Purchase and Operate Existing Facility.--Notwithstanding 
     subparagraphs (A) and (B) of subsection (b)(1), 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 
     before May 15, 1994;
       ``(2) before April 1, 1994, substantial negotiations and 
     preparation of documents for the formation of the district 
     and purchase of the facility were completed;
       ``(3) before May 15, 1994, at least 80 percent of the 
     political subdivisions that were to participate in the solid 
     waste management district had adopted an ordinance committing 
     the political subdivisions to the participation, and the 
     remaining political subdivisions adopted such an ordinance 
     within 2 months after that date; and
       ``(4) the financing was completed (without regard to 
     whether the revenue bonds are subsequently refinanced to 
     provide a reduced interest rate with no change in amount or 
     maturity), the acquisition was made, and the facility was 
     placed under operation by the solid waste management district 
     on or before September 21, 1994.
       ``(e) Facility Constructed and Operated.--During the 
     effective period described in subsection (b)(4), a political 
     subdivision may exercise flow control authority for municipal 
     solid waste and for recyclable material voluntarily 
     relinquished by the owner or generator of the material that 
     is generated within the jurisdiction of the political 
     subdivision if--
       ``(1) before May 15, 1994, the political subdivision--
       ``(A) contracted with a public service authority or with 
     its operator, to deliver or cause to be delivered to the 
     public service authority substantially all of the disposable 
     municipal solid waste that is generated or collected by or is 
     within or under the control of the political subdivision, for 
     the purpose of supporting revenue bonds issued by and in the 
     name of the public service authority or on its behalf by a 
     State entity for waste management facilities; or
       ``(B) entered into contracts with a public service 
     authority or its operator to deliver or cause to be delivered 
     to the public service authority substantially all of the 
     disposable municipal solid waste that is generated or 
     collected by or within the control of the political 
     subdivision, which imposed flow control pursuant to a law 
     (including an ordinance or regulation) or other legally 
     binding provision, if revenue bonds were issued in the name 
     of the public service authority for waste management 
     facilities and outstanding (without regard to whether the 
     revenue bonds are subsequently refinanced to provide a 
     reduced interest rate with no change in amount or maturity); 
     and
       ``(2) before May 15, 1994, the public service authority--
       ``(A) issued the revenue bonds or had revenue bonds issued 
     on its behalf by a State entity for the construction of 
     municipal solid waste facilities to which the municipal solid 
     waste of the political subdivision is transferred or disposed 
     (without regard to whether the revenue bonds are subsequently 
     refinanced to provide a reduced interest rate with no change 
     in amount or maturity); and
       ``(B) commenced operation of the facilities.
       ``(f) State-Mandated Disposal Services.--During the 
     effective period described in subsection (b)(4), a political 
     subdivision may exercise flow control authority for municipal 
     solid waste and for recyclable material voluntarily 
     relinquished by the owner or generator of the material that 
     is generated within the jurisdiction of the political 
     subdivision if, before May 15, 1994, the political 
     subdivision--
       ``(1) was responsible under State law for providing for the 
     operation of solid waste facilities to serve the disposal 
     needs of all incorporated and unincorporated areas of the 
     county;
       ``(2) is required to initiate a recyclable material 
     recycling program in order to meet a municipal solid waste 
     reduction goal of at least 30 percent;
       ``(3) has been authorized by State statute to exercise flow 
     control authority and had implemented the authority through 
     the adoption or execution of a law (including an ordinance or 
     regulation), contract, or other legally binding provision; 
     and
       ``(4) had incurred, or caused a public service authority to 
     incur, significant financial expenditures to comply with 
     State law and to repay outstanding bonds that were issued 
     specifically for the construction of solid waste management 
     facilities to which the waste of the political subdivision is 
     to be delivered.
       ``(g) State Solid Waste District Authority.--A solid waste 
     district or a political subdivision may exercise flow control 
     authority for municipal solid waste and for recyclable 
     material voluntarily relinquished by the owner or generator 
     of the material that is generated within the jurisdiction of 
     the political subdivision if--
       ``(1) the solid waste district or a political subdivision 
     within the solid waste district--
       ``(A) is currently required to initiate a recyclable 
     material recycling program in order to meet a municipal solid 
     waste reduction goal of at least 30 percent by the year 2005; 
     and
       ``(B) uses revenues generated by the exercise of flow 
     control authority strictly to implement programs to manage 
     municipal solid waste, other than development of 
     incineration; and
       ``(2) before May 15, 1994, the solid waste district or 
     political subdivision or municipality--
       ``(A) was responsible under State law for the management 
     and regulation of the storage, collection, processing, and 
     disposal of solid waste within its jurisdiction;
       ``(B) was authorized by State statute (enacted before 
     January 1, 1992) to exercise flow control authority, and 
     subsequently adopted or sought to exercise the authority 
     through a law (including an ordinance or regulation), 
     regulatory proceeding, contract, franchise, or other legally 
     binding provision; and
       ``(C) was required by State statute (enacted before January 
     1, 1992) to develop and implement a solid waste management 
     plan consistent with the State solid waste management plan, 
     and the solid waste management plan of the solid waste 
     district or political subdivision or municipality was 
     approved by the appropriate State agency before September 15, 
     1994.
       ``(h) State-authorized Services and Local Plan Adoption.--A 
     political subdivision may exercise flow control authority for 
     municipal solid waste and for recyclable material voluntarily 
     relinquished by the owner or generator of the material that 
     is generated within the jurisdiction of the political 
     subdivision if, before May 15, 1994, the political 
     subdivision--
       ``(1) had been authorized by a State statute that 
     specifically named the political subdivision to exercise flow 
     control authority and had implemented the authority through a 
     law (including an ordinance or regulation), contract, or 
     other legally binding provision;
       ``(2) had adopted a local solid waste management plan 
     pursuant to State statute and was required by State statute 
     to adopt the plan in order to submit a complete permit 
     application to construct a new solid waste management 
     facility proposed in the plan;
       ``(3) had presented for sale a revenue or general 
     obligation bond to provide for the site selection, 
     permitting, or acquisition for construction of new facilities 
     identified and

[[Page S5617]]

     proposed in the local solid waste management plan of the 
     political subdivision (without regard to whether the revenue 
     or general obligation bond is subsequently refinanced to 
     provide a reduced interest rate with no change in amount or 
     maturity);
       ``(4) includes a municipality or municipalities required by 
     State law to adopt a local law (including an ordinance) to 
     require that solid waste that has been left for collection 
     shall be separated into recyclable, reusable, or other 
     components for which economic markets exist; and
       ``(5) is in a State that has aggressively pursued closure 
     of substandard municipal landfills, both by regulatory action 
     and under statute designed to protect deep flow recharge 
     areas in counties in which potable water supplies are derived 
     from sole source aquifers.
       ``(i) Retained Authority.--
       ``(1) Request.--On the request of a generator of municipal 
     solid waste affected by this section, a State or political 
     subdivision may authorize the diversion of all or a portion 
     of the solid waste generated by the generator making the 
     request to an alternative solid waste treatment or disposal 
     facility, if the purpose of the request is to provide a 
     higher level of protection for human health and the 
     environment or reduce potential future liability of the 
     generator under Federal or State law for the management of 
     the municipal solid waste, unless the State or political 
     subdivision determines that the facility to which the 
     municipal solid waste is proposed to be diverted does not 
     provide a higher level of protection for human health and the 
     environment or does not reduce the potential future liability 
     of the generator under Federal or State law for the 
     management of the municipal solid waste.
       ``(2) Contents.--A request under paragraph (1) shall 
     include information on the environmental suitability of the 
     proposed alternative treatment or disposal facility and 
     method, compared to that of the designated facility and 
     method.
       ``(j) Limitations on Revenue.--A State or political 
     subdivision may exercise flow control authority under 
     subsection (b), (c), (d), or (e) only if the State or 
     political subdivision certifies that the use of any of its 
     revenues derived from the exercise of the authority will be 
     used for solid waste management services or related landfill 
     reclamation.
       ``(k) Reasonable Regulation of Commerce.--A law, ordinance, 
     regulation, or other legally binding provision or official 
     act or political subdivision, as described in subsection (b), 
     (c), (d), or (e), that implements flow control authority in 
     compliance with this section shall be considered to be a 
     reasonable regulation of commerce retroactive to its date of 
     enactment or effective date and shall not be considered to be 
     an undue burden on or otherwise considered as impairing, 
     restraining, or discriminating against interstate commerce.
       ``(l) Effect on Existing Laws and Contracts.--
       ``(1) Environmental laws.--Nothing in this section has any 
     effect on any other law relating to the protection of human 
     health and the environment or the management of municipal 
     solid waste or recyclable material.
       ``(2) State law.--Nothing in this section authorizes a 
     political subdivision to exercise the flow control authority 
     granted by this section in a manner that is inconsistent with 
     State law.
       ``(3) Ownership of recyclable material.--Nothing in this 
     section--
       ``(A) authorizes a State or political subdivision to 
     require a generator or owner of recyclable material to 
     transfer recyclable material to the State or political 
     subdivision; or
       ``(B) prohibits a generator or owner of recyclable material 
     from selling, purchasing, accepting, conveying, or 
     transporting recyclable material for the purpose of 
     transformation or remanufacture into usable or marketable 
     material, unless the generator or owner voluntarily made the 
     recyclable material available to the State or political 
     subdivision and relinquished any right to, or ownership of, 
     the recyclable material.
       ``(m) Termination of Authority; Repeal.--
       ``(1) Termination of authority.--Notwithstanding any other 
     provision of this title, authority to control the flow of 
     municipal solid waste or recyclable material by directing 
     municipal solid waste or recyclable material to a waste 
     management facility shall terminate on the date that is 30 
     years after the date of enactment of this Act.
       ``(2) Repeal.--This section and the item relating to this 
     section in the table of contents for subtitle D of the Solid 
     Waste Disposal Act are repealed effective as of the date that 
     is 30 years after the date of enactment of this Act.
       ``(n) Section Not Applicable To Listed Facilities.--
     Notwithstanding any other provision of this title, the 
     authority to exercise flow control shall not apply to a 
     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.''.
       (b) Table of Contents Amendment.--The table of contents for 
     subtitle D in section 1001 of the Solid Waste Disposal Act 
     (42 U.S.C. prec. 6901) is amended by adding after the item 
     relating to section 4010 the following:

``Sec. 4011. State and local government control of movement of 
              municipal solid waste and recyclable material.''.
                                  ____


               [From the New London News, June 11, 1997]

 Stonington Is Sued by Trash Firm--Company Seeks To Block Town Garbage 
                               Collection

                            [By Joe Wojtas]

       Stonington.--One of the town's largest commercial garbage 
     haulers has sued the town in an effort to stop it from taking 
     over trash collection next month.
       A hearing will be held June 17 in New London Superior Court 
     on a request by USA Waste Inc. of Franklin and U.W.S. of 
     Rhode Island Inc., a landfill company, for an injunction that 
     would stop the town from implementing its takeover plan on 
     July 1.
       USA Waste attorney Thomas J. Donahue Jr., who had warned 
     the town it would be sued if the plan was implemented, had no 
     comment about the suit Tuesday.
       USA Waste has reported having 175 commercial customers and 
     numerous residential customers in town. Donahue was not able 
     to say what the value of USA Waste's current contracts are. 
     The plan would void those contracts on July 1.
       First Selectmen Donald Maranell said the suit was expected.
       ``The town has spent a lot of effort researching court 
     cases, state statues and the needs of our residents,'' he 
     said. ``Our ordinance is clearly lawful and in the best 
     interests of the health, safety and welfare of the residents 
     of the Town of Stonington. It is the town's opinion we will 
     prevail.''
       Surprisingly, USA Waste was one of the firms that submitted 
     bids to pick up trash for the town and is one of two firms 
     with which the town is negotiating. Maranell said that if USA 
     Waste agrees to terms, it would have to drop any action 
     against the town. A decision is expected in a few days.


                       Residents vote for change

       Residents voted in April to have the town take over all 
     garbage collection to ensure it would be delivered to the 
     Preston incinerator. Town officials said the town would face 
     a $500,000 deficit in the 1997-98 budget if plan was not 
     implemented.
       The town said the plan was needed because haulers with 
     contracts to pick up garbage from businesses in town began 
     taking the trash to landfills with lower tipping fees than 
     Preston, such as the U.W.S. site in Warwick.
       Town officials charged that haulers were making huge 
     profits because their contracts with businesses were based on 
     the higher Preston fee. They said taxpayers should not have 
     to pay for the deficit so haulers could continue making big 
     profits.
       Because the town's contract with Preston requires a certain 
     amount of garbage each year, he shortfall in business garbage 
     meant taxpayers had to pay for the deficit. A court had rules 
     that towns could not force private haulers to take trash to 
     Preston.
       Town officials said they could solve the problem by taking 
     over trash collection in town and hiring their own 
     contractor, which would be required to bring all garbage to 
     Preston.
       They said a court decision from Babylon, Long Island, 
     allowed that town to implement a similar plan. The 
     Connecticut Resource Recovery Authority has agreed to pay all 
     the town's legal bills because it is looking for a solution 
     to the same problems in other towns.
       Private haulers have argued it is unfair for the town to 
     take over garbage collection when the haulers have valid 
     contracts with the businesses.
       The suit states the ordinance and regulations passed by the 
     town deprive USA Waste and U.W.S. of their interstate 
     commerce rights, prevent USA Waste from hauling and 
     collecting garbage and deprive U.W.S. of receiving waste from 
     Stonington.
       The suit states the town is exceeding its authority and 
     violating state law and the U.S. Constitution. It also points 
     out that the town ``devised a scheme'' to illegally steer 
     garbage to Preston even though it knew about court decisions 
     preventing such action.
       In addition to an injunction, the suit asks a judge to rule 
     that the ordinance and regulations are illegal and 
     unconstitutional.
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