[Congressional Record Volume 143, Number 111 (Thursday, July 31, 1997)]
[Senate]
[Page S8619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INTERSTATE TRANSPORTATION AND FLOW OF SOLID WASTE

 Mr. LEVIN. Mr. President, I ask that the text of a letter from 
the Governors of Michigan, Ohio, New Jersey, Indiana, and Pennsylvania, 
to the Chairman of the House Commerce Committee be printed in the 
Record.
  The Governors correctly urge the House Commerce Committee to swiftly 
move forward on comprehensive legislation to provide states and local 
governments with the authority to regulate the interstate 
transportation and flow of solid waste.
  Mr. President, the Senate has repeatedly passed such legislation and 
it is my hope that we will do so again before the end of this year. The 
majority leadership in the House has certainly given the impression 
that this important matter is not a priority item, despite the pleas 
for help from state and local governments around the country who are 
besieged by out-of-state waste or find their local waste management 
investments becoming increasingly uneconomical. I join with the 
Governors in urging the House Commerce Committee and the Congress to 
quickly pass legislation to provide more control over solid waste 
planning decisions to state and local governments.
  The letter follows:

                                                     July 9, 1997.
     Hon. Thomas J. Bliley, Jr.,
     Chairman, The House Commerce Committee,
     Rayburn House Office Building, Washington, DC.
       Dear Chairman Bliley: We are writing to urge you to move a 
     comprehensive interstate waste and flow control bill this 
     year. In recent conversations with Governor Voinovich, you 
     encouraged our five states to reach an agreement on 
     interstate waste provisions in order to move comprehensive 
     legislation that will help both importing and exporting 
     states.
       We strongly believe that the lack of federal interstate 
     waste and flow control legislation undermines states' 
     abilities to implement environmentally sound waste disposal 
     plans and to protect our own natural resources. Without 
     federal authority to place reasonable limits on the amount of 
     out-of-state wastes, states like Ohio, Pennsylvania, Indiana 
     and Michigan have become dumping grounds for trash from other 
     states. Without flow control, states like New Jersey are 
     limited in their ability to manage effectively the disposal 
     of municipal solid waste within their own borders, and would 
     face an enormous financial liability.
       In Pennsylvania, Indiana, Michigan and Ohio, where out-of-
     state waste imports are continuously and unreasonably high, 
     citizens repeatedly ask why they should recycle in order to 
     conserve disposal space for other states' waste. New Jersey 
     has taken aggressive steps to try to manage all of its trash 
     within its borders by the year 2000. New Jersey communities 
     have acted responsibly to build disposal facilities to help 
     meet that goal. However, if Congress fails to protect 
     existing flow control authorities, repayment of the 
     outstanding $1.6 billion investment will be jeopardized.
       We are deeply concerned that our efforts to make 
     responsible decisions have been undermined by federal courts, 
     have put potentially large financial burdens on our 
     communities and have encouraged exporting states to pass 
     their trash problems onto the backs of others. Our citizens 
     are making sacrifices and they need assurances that we have 
     the tools necessary to manage our own waste and limit imports 
     from other states so that we have the space to handle our own 
     garbage.
       You have asked our five states to try to work through 
     regional differences on interstate waste provisiosn that 
     would allow an interstate waste and flow control bill to move 
     forward. Last year, importing states and New Jersey were able 
     to quickly reach a consensus on interstate waste provisions, 
     provided that New Jersey receives flow control authority. We 
     respectfully resubmit that agreement and urge prompt 
     consideration by your committee and the House.
       We support this package as a fair and reasonable compromise 
     between importing and exporting states. It provides the 
     ability for importing states to reduce the current amount of 
     out-of-state waste and limit future interstate waste flows. 
     States also would be able to place reasonable restrictions on 
     construction and demolition debris. In addition, it gives 
     local communities the ability to decide whether or not they 
     want to accept other states' trash. And, communities would 
     have reasonable ability to implement flow control 
     authorities. While this package does not include everything 
     that we would like, we believe it is a fair package that we 
     can support without amendments.
       Unfortunately, efforts to place reasonable restrictions on 
     out-of-state waste shipment have been perceived by some as an 
     attempt to ban all out-of-state trash. On the contrary, 
     importing states--like Michigan, Indiana, Ohio and 
     Pennsylvania--are not asking for outright authority to 
     prohibit all out-of-state waste, nor are we seeking to 
     prohibit waste from any one state. We are asking for 
     reasonable tools that will enable state and local governments 
     to act responsibly to manage their own waste and limit 
     unreasonable waste imports from other states. Such measures 
     would give substantial authority to limit imports and plan 
     facilities around our own states' needs.
       Effective legislation is supported throughout the country. 
     Twenty-four governors and the Western Governors' Association 
     previously have written to you and the House leadership 
     urging passage of effective legislation.
       Thank you for your personal consideration of our agreement. 
     We urge you to move forward with comprehensive interstate 
     waste and flow control legislation this year.
           Sincerely,
     George V. Voinovich,
       Governor of Ohio.
     John Engler,
       Governor of Michigan.
     Tom Ridge,
       Governor of Pennsylvania.
     Christine Todd Whitman,
       Governor of New Jersey.
     Frank O'Bannon,
       Governor of Indiana.

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