S6414 CONGRESSIONAL RECORD — SENATE May 10, 1995

the consumers of America, and that we

have right on our side. And we ask the

Lord to give us a little more guidance

in regard to these appeals as we move

forward.

So I thank everybody concerned who

has put up with me, and we will continue to battle on this issue as well as

other issues that come up that affect

the rights of the people.

Mr. DOLE addressed the Chair.

The PRESIDING OFFICER. The majority leader.

Mr. DOLE. Mr. President, let me

thank all of my colleagues for the fact

we finished this bill. It has been 2

weeks and 2 days, but there were a couple of interruptions—the death of

former Senator Stennis and other matters. So it was not solid. We probably

did it in about 8 or 9 days.

We have had a lot of good debate on

both sides. I congratulate all the principal players, Senators HEFLIN and

HOLLINGS, also Senator ROCKEFELLER

and Senator GORTON, who were on the

winning side of this issue. I think they

did a remarkable job in keeping a very

fragile, narrow coalition together. We

broadened the bill with narrow margins. I think we knew at the time those

provisions would not be in the bill or

we could not obtain the 60 votes we

needed for cloture, so adjustments were

made. But at least we made a record on

medical malpractice, on punitive damages, and on other issues that we believe are very important and we believe

will be back before the Senate.

I also wish to thank Senator

COVERDELL for his work with outside

groups as sort of the coordinator, and

my colleague, Senator LOTT of Mississippi, the majority whip, who did an

excellent job, along with his staff and

members of my staff and others because we had some very difficult votes.

I think we have had a dramatic step

forward. The product liability bill has

been introduced in every Congress for

the last decade. In most cases, however, we could not even muster the

votes to consider the legislation. We

could not get the 60 votes to even talk

about it because we had strong opposition and we had a lot of what we

thought were distortions. The other

side would say not.

So I think passage today is an important victory for common sense and the

American people. It is also important

to note that we have just passed a bill

that was stronger than bills introduced

in previous years, stronger because of

the efforts of some of our Members in

the Chamber that added small business

protections.

I wish to pay tribute to our newest

Members, who as a group provided energy, ideas, and determination in this

debate. Senators SNOWE and DEWINE

made a significant contribution that

allowed us to obtain meaningful protection from abusive punitive damages

while protecting small businesses.

Senators ABRAHAM and KYL responded to the call of the American

people in last year’s elections by their

efforts to expand these protections to

include volunteer and charitable organizations and to add needed civil justice reforms. Together with Senators

KASSEBAUM and MCCONNELL, who introduced medical malpractice reforms,

they produced something never before

seen on the Senate floor—clearer majorities for broader reform. For various

reasons, we could not get the 60 votes

to bring debate to a close on these

broader reforms, but we have had the

opportunity and I think it is certainly

important.

Just 3 days ago, I received a letter

from the head of the Boy Scouts of

America, Mr. Jere Ratcliffe. In just the

second line of his letter, Mr. Ratcliffe

says something that ought to cause all

of us to pause. I quote:

The civil justice system, as it now exists,

has consequences which worked a chilling effect on our willingness and ability to continue to pursue activities that are beneficial

to all of us. . . . This is particularly so in

the case of volunteer service organizations.

That is what he believes. That is

what many of us believe. So we have

heard from the trial lawyers. They say

everything is fine, but the volunteer

organizations tell us a different story.

I would just say that we hope to

bring up sometime later this year or, if

not, next year the McConnellLieberman-Kassebaum health care liability bill—hopefully, later this year.

The amendment was added by a 53 to 47

vote. In addition, some Senators support medical malpractice reform but

voted against that amendment last

week because they wanted to pursue

only a product liability bill. So we are

going to revisit that later in the year.

We have a lot of work to do. I do not

know how late it is going to be. But in

any event, we will be taking a hard

look at that legislation, hopefully this

year; if not, early next year.

So, again, I thank the managers,

Senator GORTON and Senator ROCKEFELLER. This is a bipartisan effort, as

are most things in the Senate because

without a bipartisan effort, you cannot

get the 60 votes to shut off debate and

pass the bill. That is the way it works.

Some people may not totally understand it, may disagree with it, but that

is the way it works. So now we move to

another legislative matter, which I

would ask the Chair to report.

INTERSTATE TRANSPORTATION OF

MUNICIPAL SOLID WASTE ACT

fThe PRESIDING OFFICER. Under

the previous order, the hour of noon

having arrived, the Senate will now

proceed to the consideration of S. 534,

which the clerk will now report.

The 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 proceeded to consider the

bill which had been reported from the

Committee on Energy and Natural Resources with an amendment to strike

out all after the enacting clause and

inserting in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Interstate

Transportation of Municipal Solid Waste Act

of 1995’’.

TITLE I—INTERSTATE WASTE

SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

(a) AMENDMENT.—Subtitle D of the Solid

Waste Disposal Act (42 U.S.C. 6941 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF

MUNICIPAL SOLID WASTE.

‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE

MUNICIPAL SOLID WASTE.—(1) Except as provided in paragraph (4), immediately upon the

date of enactment of this section if requested

in writing by an affected local government, a

Governor may prohibit the disposal of outof-State municipal solid waste in any landfill or incinerator that is not covered by the

exceptions provided in subsection (b) and

that is subject to the jurisdiction of the Governor and the affected local government.

‘‘(2) Except as provided in paragraph (4),

immediately upon the date of publication of

the list required in paragraph (6)(D) and notwithstanding the absence of a request in

writing by the affected local government, a

Governor, in accordance with paragraph (5),

may limit the quantity of out-of-State municipal solid waste received for disposal at

each landfill or incinerator covered by the

exceptions provided in subsection (b) that is

subject to the jurisdiction of the Governor,

to an annual amount equal to or greater

than the quantity of out-of-State municipal

solid waste received for disposal at such

landfill or incinerator during calendar year

1993.

‘‘(3)(A) Except as provided in paragraph (4),

immediately upon the date of publication of

the list required in paragraph (6)(E), and notwithstanding the absence of a request in

writing by the affected local government, a

Governor, in accordance with paragraph (5),

may prohibit or limit the amount of out-ofState municipal solid waste disposed of at

any landfill or incinerator covered by the exceptions in subsection (b) that is subject to

the jurisdiction of the Governor, generated

in any State that is determined by the Administrator under paragraph (6)(E) as having

exported, to landfills or incinerators not covered by host community agreements or permits authorizing receipt of out-of-State municipal solid waste, more than—

‘‘(i) 3,500,000 tons of municipal solid waste

in calendar year 1996;

‘‘(ii) 3,000,000 tons of municipal solid waste

in each of calendar years 1997 and 1998;

‘‘(iii) 2,500,000 tons of municipal solid waste

in each of calendar years 1999 and 2000;

‘‘(iv) 1,500,000 tons of municipal solid waste

in each of calendar years 2001 and 2002; and

‘‘(v) 1,000,000 tons of municipal solid waste

in calendar year 2003 and each year thereafter.

‘‘(B)(i) No State may export to landfills or

incinerators in any 1 State that are not covered by host community agreements more

than the following amounts of municipal

solid waste:

‘‘(I) In calendar year 1996, the greater of

1,400,000 tons or 90 percent of the amount exported to the State in calendar year 1993.

‘‘(II) In calendar year 1997, the greater of

1,300,000 tons or 90 percent of the amount exported to the State in calendar year 1996.

‘‘(III) In calendar year 1998, the greater of

1,200,000 tons or 90 percent of the amount exported to the State in calendar year 1997.

‘‘(IV) In calendar year 1999, the greater of

1,100,000 tons or 90 percent of the amount exported to the State in calendar year 1998.
May 10, 1995 CONGRESSIONAL RECORD — SENATE S6415

‘‘(V) In calendar year 2000, 1,000,000 tons.

‘‘(VI) In calendar year 2001, 800,000 tons.

‘‘(VII) In calendar year 2002 or any calendar year thereafter, 600,000 tons.

‘‘(ii) The Governor of an importing State

may take action to restrict levels of imports

to reflect the appropriate level of out-ofState municipal solid waste imports if—

‘‘(I) the Governor of the importing State

has notified the Governor of the exporting

State and the Administrator, 12 months

prior to taking any such action, of the importing State’s intention to impose the requirements of this section;

‘‘(II) the Governor of the importing State

has notified the Governor of the exporting

State and the Administrator of the violation

by the exporting State of this section at

least 90 days prior to taking any such action;

and

‘‘(III) the restrictions imposed by the Governor of the importing State are uniform at

all facilities.

‘‘(C) The authority provided by subparagraphs (A) and (B) shall apply for as long as

a State exceeds the permissible levels as determined by the Administrator under paragraph (6)(E).

‘‘(4)(A) A Governor may not exercise the

authority granted under this section if such

action would result in the violation of, or

would otherwise be inconsistent with, the

terms of a host community agreement or a

permit issued from the State to receive outof-State municipal solid waste.

‘‘(B) Except as provided in paragraph (3), a

Governor may not exercise the authority

granted under this section in a manner that

would require any owner or operator of a

landfill or incinerator covered by the exceptions provided in subsection (b) to reduce the

amount of out-of-State municipal solid

waste received from any State for disposal at

such landfill or incinerator to an annual

quantity less than the amount received from

such State for disposal at such landfill or incinerator during calendar year 1993.

‘‘(5) Any limitation imposed by a Governor

under paragraph (2) or (3)—

‘‘(A) shall be applicable throughout the

State;

‘‘(B) shall not directly or indirectly discriminate against any particular landfill or

incinerator within the State; and

‘‘(C) shall not directly or indirectly discriminate against any shipments of out-ofState municipal solid waste on the basis of

place of origin and all such limitations shall

be applied to all States in violation of paragraph (3).

‘‘(6) ANNUAL STATE REPORT.—

‘‘(A) IN GENERAL.—Within 90 days after enactment of this section and on April 1 of

each year thereafter the owner or operator of

each landfill or incinerator receiving out-ofState municipal solid waste shall submit to

the affected local government and to the

Governor of the State in which the landfill

or incinerator is located, information specifying the amount and State of origin of outof-State municipal solid waste received for

disposal during the preceding calendar year.

Within 120 days after enactment of this section and on July 1 of each year thereafter

each State shall publish and make available

to the Administrator, the Governor of the

State of origin and the public, a report containing information on the amount of out-ofState municipal solid waste received for disposal in the State during the preceding calendar year.

‘‘(B) CONTENTS.—Each submission referred

to in this section shall be such as would result in criminal penalties in case of false or

misleading information. Such information

shall include the amount of waste received,

the State of origin, the identity of the generator, the date of the shipment, and the type

of out-of-State municipal solid waste.

‘‘(C) LIST.—The Administrator shall publish a list of States that the Administrator

has determined have exported out-of-State

in any of the following calendar years an

amount of municipal solid waste in excess

of—

‘‘(i) 3,500,000 tons in 1996;

‘‘(ii) 3,000,000 tons in 1997;

‘‘(iii) 3,000,000 tons in 1998;

‘‘(iv) 2,500,000 tons in 1999;

‘‘(v) 2,500,000 tons in 2000;

‘‘(vi) 1,500,000 tons in 2001;

‘‘(vii) 1,500,000 tons in 2002;

‘‘(viii) 1,000,000 tons in 2003; and

‘‘(ix) 1,000,000 tons in each calendar year

after 2003.

The list for any calendar year shall be published by June 1 of the following calendar

year.

‘‘(D) SAVINGS PROVISION.—Nothing in this

subsection shall be construed to preempt any

State requirement that requires more frequent reporting of information.

‘‘(7) Any affected local government that intends to submit a request under paragraph

(1) or take formal action to enter into a host

community agreement after the date of enactment of this subsection shall, prior to

taking such action—

‘‘(A) notify the Governor, contiguous local

governments, and any contiguous Indian

tribes;

‘‘(B) publish notice of the action in a newspaper of general circulation at least 30 days

before taking such action;

‘‘(C) provide an opportunity for public

comment; and

‘‘(D) following notice and comment, take

formal action on any proposed request or action at a public meeting.

‘‘(8) Any owner or operator seeking a host

community agreement after the date of enactment of this subsection shall provide to

the affected local government the following

information, which shall be made available

to the public from the affected local government:

‘‘(A) A brief description of the planned facility, including a description of the facility

size, ultimate waste capacity, and anticipated monthly and yearly waste quantities

to be handled.

‘‘(B) A map of the facility site that indicates the location of the facility in relation

to the local road system and topographical

and hydrological features and any buffer

zones and facility units to be acquired by the

owner or operator of the facility.

‘‘(C) A description of the existing environmental conditions at the site, and any violations of applicable laws or regulations.

‘‘(D) A description of environmental controls to be utilized at the facility.

‘‘(E) A description of the site access controls to be employed, and roadway improvements to be made, by the owner or operator,

and an estimate of the timing and extent of

increased local truck traffic.

‘‘(F) A list of all required Federal, State,

and local permits.

‘‘(G) Any information that is required by

State or Federal law to be provided with respect to any violations of environmental

laws (including regulations) by the owner

and operator, the disposition of enforcement

proceedings taken with respect to the violations, and corrective measures taken as a result of the proceedings.

‘‘(H) Any information that is required by

State or Federal law to be provided with respect to compliance by the owner or operator

with the State solid waste management plan.

‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1)

The authority to prohibit the disposal of

out-of-State municipal solid waste provided

under subsection (a)(1) shall not apply to

landfills and incinerators in operation on the

date of enactment of this section that—

‘‘(A) received during calendar year 1993

documented shipments of out-of-State municipal solid waste; and

‘‘(B)(i) in the case of landfills, are in compliance with all applicable Federal and State

laws and regulations relating to operation,

design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure

and corrective action; or

‘‘(ii) in the case of incinerators, are in

compliance with the applicable requirements

of section 129 of the Clean Air Act (42 U.S.C.

7429) and applicable State laws and regulations relating to facility design and operations.

‘‘(2) A Governor may not prohibit the disposal of out-of-State municipal solid waste

pursuant to subsection (a)(1) at facilities described in this subsection that are not in

compliance with applicable Federal and

State laws and regulations unless disposal of

municipal solid waste generated within the

State at such facilities is also prohibited.

‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUTOF-STATE MUNICIPAL SOLID WASTE.—(1) In

any case in which an affected local government is considering entering into, or has entered into, a host community agreement and

the disposal or incineration of out-of-State

municipal solid waste under such agreement

would preclude the use of municipal solid

waste management capacity described in

paragraph (2), the Governor of the State in

which the affected local government is located may prohibit the execution of such

host community agreement with respect to

that capacity.

‘‘(2) The municipal solid waste management capacity referred to in paragraph (1) is

that capacity—

‘‘(A) that is permitted under Federal or

State law;

‘‘(B) that is identified under the State

plan; and

‘‘(C) for which a legally binding commitment between the owner or operator and another party has been made for its use for disposal or incineration of municipal solid

waste generated within the region (identified

under section 4006(a)) in which the local government is located.

‘‘(d) COST RECOVERY SURCHARGE.—

‘‘(1) AUTHORITY.—A State described in

paragraph (2) may adopt a law and impose

and collect a cost recovery charge on the

processing or disposal of out-of-State municipal solid waste in the State in accordance

with this subsection.

‘‘(2) APPLICABILITY.—The authority to impose a cost recovery surcharge under this

subsection applies to any State that on or

before April 3, 1994, imposed and collected a

special fee on the processing or disposal of

out-of-State municipal solid waste pursuant

to a State law.

‘‘(3) LIMITATION.—No such State may impose or collect a cost recovery surcharge

from a facility on any out-of-State municipal solid waste that is being received at the

facility under 1 or more contracts entered

into after April 3, 1994, and before the date of

enactment of this section.

‘‘(4) AMOUNT OF SURCHARGE.—The amount

of the cost recovery surcharge may be no

greater than the amount necessary to recover those costs determined in conformance

with paragraph (6) and in no event may exceed $1.00 per ton of waste.

‘‘(5) USE OF SURCHARGE COLLECTED.—All

cost recovery surcharges collected by a State

covered by this subsection shall be used to
S6416 CONGRESSIONAL RECORD — SENATE May 10, 1995

fund those solid waste management programs administered by the State or its political subdivision that incur costs for which

the surcharge is collected.

‘‘(6) CONDITIONS.—(A) Subject to subparagraphs (B) and (C), a State covered by this

subsection may impose and collect a cost recovery surcharge on the processing or disposal within the State of out-of-State municipal solid waste if—

‘‘(i) the State demonstrates a cost to the

State arising from the processing or disposal

within the State of a volume of municipal

solid waste from a source outside the State;

‘‘(ii) the surcharge is based on those costs

to the State demonstrated under clause (i)

that, if not paid for through the surcharge,

would otherwise have to be paid or subsidized by the State; and

‘‘(iii) the surcharge is compensatory and is

not discriminatory.

‘‘(B) In no event shall a cost recovery surcharge be imposed by a State to the extent

that the cost for which recovery is sought is

otherwise paid, recovered, or offset by any

other fee or tax assessed against or voluntarily paid to the State or its political subdivision in connection with the generation,

transportation, treatment, processing, or

disposal of solid waste.

‘‘(C) The grant of a subsidy by a State with

respect to entities disposing of waste generated within the State does not constitute

discrimination for purposes of subparagraph

(A)(iii).

‘‘(7) DEFINITIONS.—As used in this subsection:

‘‘(A) The term ‘costs’ means the costs incurred by the State for the implementation

of its laws governing the processing or disposal of municipal solid waste, limited to the

issuance of new permits and renewal of or

modification of permits, inspection and compliance monitoring, enforcement, and costs

associated with technical assistance, data

management, and collection of fees.

‘‘(B) The term ‘processing’ means any activity to reduce the volume of solid waste or

alter its chemical, biological or physical

state, through processes such as thermal

treatment, bailing, composting, crushing,

shredding, separation, or compaction.

‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall be interpreted or construed—

‘‘(1) to have any effect on State law relating to contracts; or

‘‘(2) to affect the authority of any State or

local government to protect public health

and the environment through laws, regulations, and permits, including the authority

to limit the total amount of municipal solid

waste that landfill or incinerator owners or

operators within the jurisdiction of a State

may accept during a prescribed period, provided that such limitations do not discriminate between in-State and out-of-State municipal solid waste, except to the extent authorized by this section.

‘‘(f) DEFINITIONS.—As used in this section:

‘‘(1)(A) The term ‘affected local government’, used with respect to a landfill or incinerator, means—

‘‘(i) the public body created by State law

with responsibility to plan for municipal

solid waste management, a majority of the

members of which are elected officials, for

the area in which the facility is located or

proposed to be located; or

‘‘(ii) the elected officials of the city, town,

township, borough, county, or parish exercising primary responsibility over municipal

solid waste management or the use of land in

the jurisdiction in which the facility is located or is proposed to be located.

‘‘(B)(i) Within 90 days after the date of enactment of this section, a Governor may designate and publish notice of which entity

listed in clause (i) or (ii) of subparagraph (A)

shall serve as the affected local government

for actions taken under this section and

after publication of such notice.

‘‘(ii) If a Governor fails to make and publish notice of such a designation, the affected

local government shall be the elected officials of the city, town, township, borough,

county, parish, or other public body created

pursuant to State law with primary jurisdiction over the land or the use of land on

which the facility is located or is proposed to

be located.

‘‘(C) For purposes of host community

agreements entered into before the date of

publication of the notice, the term means either a public body described in subparagraph

(A)(i) or the elected officials of any of the

public bodies described in subparagraph

(A)(ii).

‘‘(2) HOST COMMUNITY AGREEMENT.—The

term ‘host community agreement’ means a

written, legally binding document or documents executed by duly authorized officials

of the affected local government that specifically authorizes a landfill or incinerator to

receive municipal solid waste generated out

of State, but does not include any agreement

to pay host community fees for receipt of

waste unless additional express authorization to receive out-of-State waste is also included.

‘‘(3) The term ‘out-of-State municipal solid

waste’ means, with respect to any State, municipal solid waste generated outside of the

State. To the extent that the President determines it is consistent with the North

American Free Trade Agreement and the

General Agreement on Tariffs and Trade, the

term shall include municipal solid waste

generated outside of the United States.

‘‘(4) The term ‘municipal solid waste’

means refuse (and refuse-derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof),

consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or

noncombustible materials such as metal or

glass (or any combination thereof). The term

‘municipal solid waste’ does not include—

‘‘(A) any solid waste identified or listed as

a hazardous waste under section 3001;

‘‘(B) any solid 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 or 9606) or a corrective action taken under this Act;

‘‘(C) any metal, pipe, glass, plastic, paper,

textile, or other material that has been separated or diverted from municipal solid waste

(as otherwise defined in this paragraph) and

has been transported into a State for the

purpose of recycling or reclamation;

‘‘(D) any solid waste that is—

‘‘(i) generated by an industrial facility; and

‘‘(ii) transported for the purpose of treatment, storage, or disposal to a facility that

is owned or operated by the generator of the

waste, or is located on property owned by the

generator of the waste, or is located on property owned by a company with which the

generator is affiliated;

‘‘(E) any solid waste generated incident to

the provision of service in interstate, intrastate, foreign, or overseas air transportation;

‘‘(F) any industrial waste that is not identical to municipal solid waste (as otherwise

defined in this paragraph) with respect to

the physical and chemical state of the industrial waste, and composition, including construction and demolition debris;

‘‘(G) any medical waste that is segregated

from or not mixed with municipal solid

waste (as otherwise defined in this paragraph); or

‘‘(H) any material or product returned

from a dispenser or distributor to the manufacturer for credit, evaluation, or possible

reuse.

‘‘(5) The term ‘compliance’ means a pattern or practice of adhering to and satisfying

standards and requirements promulgated by

the Federal or a State government for the

purpose of preventing significant harm to

human health and the environment. Actions

undertaken in accordance with compliance

schedules for remediation established by

Federal or State enforcement authorities

shall be considered compliance for purposes

of this section.

‘‘(6) The terms ‘specifically authorized’ and

‘specifically authorizes’ refer to an explicit

authorization, contained in a host community agreement or permit, to import waste

from outside the State. Such authorization

may include a reference to a fixed radius surrounding the landfill or incinerator that includes an area outside the State or a reference to any place of origin, reference to

specific places outside the State, or use of

such phrases as ‘regardless of origin’ or ‘outside the State’. The language for such authorization may vary as long as it clearly

and affirmatively states the approval or consent of the affected local government or

State for receipt of municipal solid waste

from sources outside the State.’’.

(b) TABLE OF CONTENTS AMENDMENT.—The

table of contents in section 1001 of the Solid

Waste Disposal Act (42 U.S.C. prec. 6901) is

amended by adding at the end of the items

relating to subtitle D the following new

item:

‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.

TITLE II—FLOW CONTROL

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Municipal

Solid Waste Flow Control Act of 1995’’.

SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF MUNICIPAL

SOLID WASTE AND RECYCLABLE MATERIAL.

Subtitle D of the Solid Waste Disposal Act

(42 U.S.C. 6941 et seq.), as amended by section

101, is amended by adding after section 4011

the following new section:

‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT

CONTROL OF MOVEMENT OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) DESIGNATE; DESIGNATION.—The terms

‘designate’ and ‘designation’ refer to an authorization by a State or political subdivision, and the act of a State or political subdivision in requiring or contractually committing, that all or any portion of the municipal solid waste or recyclable material

that is generated within the boundaries of

the State or political subdivision be delivered to waste management facilities or facilities for recyclable material or a public

service authority identified by the State or

political subdivision.

‘‘(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 such solid waste or voluntarily relinquished recyclable material to

a designated waste management facility or

facility for recyclable material.

‘‘(3) MUNICIPAL SOLID WASTE.—The term

‘municipal solid waste’ means—

‘‘(A) 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
May 10, 1995 CONGRESSIONAL RECORD — SENATE S6417

waste destined for disposal, and including waste material removed from a septic tank, septage pit, or cesspool (other

than from portable toilets); but

‘‘(B) does not include—

‘‘(i) waste identified or listed as a hazardous waste under section 3001 of this Act 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.

‘‘(4) 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; or

‘‘(B) an authority that was issued a certificate of incorporation by a State corporation

commission established by a State constitution.

‘‘(5) 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).

‘‘(6) 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 and each political subdivision of a State 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 facility for recyclable material, if such flow control authority—

‘‘(A) is imposed pursuant to a law, ordinance, regulation, or other legally binding

provision of the State or political subdivision in effect on May 15, 1994; and

‘‘(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, the

substantial construction of which facilities

was performed after the effective date of

that law, ordinance, regulation, or other legally binding provision and which facilities

were in operation as of 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 actually applied on or before May 15,

1994 (or, in the case of a State or political

subdivision that qualifies under subsection

(c), to the specific classes or categories of

municipal solid waste for which the State or

political subdivision prior to 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) DURATION OF AUTHORITY.—With respect

to each designated waste management facility, the authority of this section shall be effective until the later of—

‘‘(A) the end of the remaining life of a contract between the State or 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) completion of the schedule for payment of the capital costs of the facility concerned (as in effect May 15, 1994); or

‘‘(C) the end of the remaining useful life of

the original facility, 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.—Notwithstanding anything to the contrary in this

section, but subject to subsection (j), a State

or political subdivision of a State that, on or

before January 1, 1984, adopted regulations

under State law that required or directed the

transportation, management, or disposal of

solid waste from residential, commercial, institutional, or industrial sources (as defined

under State law) to specifically identified

waste management facilities and applied

those regulations to every political subdivision of the State may—

‘‘(A) designate any waste management facility in the State that—

‘‘(i) was designated prior to May 15, 1994,

and meets the requirements of subsection

(c); or

‘‘(ii) meets the requirements of paragraph

(1); and

‘‘(B) continue to exercise flow control authority for the remaining useful life of that

facility over all classes and categories of

solid waste that were subject to flow control

on May 15, 1994.

‘‘(c) COMMITMENT TO CONSTRUCTION.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (b)(1) (A) and (B), any political subdivision of a State may exercise flow control

authority under subsection (b), if—

‘‘(A) the law, ordinance, regulation, or

other legally binding provision specifically

provides for flow control authority for municipal solid waste generated within its

boundaries and was in effect prior to May 15,

1994; and

‘‘(B) prior to May 15, 1994, the political subdivision committed to the designation of a

waste management facility to which municipal solid waste is to be transported or at

which municipal solid waste is to be disposed

of under that law, ordinance, regulation,

plan, or legally binding provision.

‘‘(2) FACTORS DEMONSTRATING COMMITMENT.—A commitment to the designation of

a waste management facility 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 prior to May 15,

1994.

‘‘(B) CONTRACTS.—All contracts for the

substantial construction of the facility were

in effect prior to May 15, 1994.

‘‘(C) REVENUE BONDS.—Prior to May 15,

1994, revenue bonds were presented for sale

to specifically provide revenue for the construction of the facility.

‘‘(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) CONSTRUCTED AND OPERATED.—

‘‘(1) IN GENERAL.—A political subdivision of

a State 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 if—

‘‘(A) prior to May 15, 1994, the political

subdivision—

‘‘(i) 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, in order to support revenue bonds issued by and in the

name of the public service authority for

waste management facilities; or

‘‘(ii) entered into contracts with a public

service authority 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, ordinance, regulation, or other legally

binding provision and where outstanding revenue bonds were issued in the name of public

service authorities for waste management

facilities; and

‘‘(B) prior to May 15, 1994, the public service authority—

‘‘(i) issued the revenue bonds for the construction of municipal solid waste facilities

to which the political subdivision’s municipal solid waste is transferred or disposed;

and

‘‘(ii) commenced operation of the facilities.

‘‘(2) DURATION OF AUTHORITY.—Authority

under this subsection may be exercised by a

political subdivision qualifying under paragraph (1)(A)(ii) only until the expiration of

the contract or the life of the bond, whichever is earlier.

‘‘(e) STATE-MANDATED DISPOSAL SERVICES.—A political subdivision of a State 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 if, prior to May 15, 1994, the

political subdivision—

‘‘(1) was mandated by State law to provide

for the operation of solid waste facilities to

serve the disposal needs of all incorporated

and unincorporated areas of the county;

‘‘(2) is currently required to initiate a recyclable materials 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 a law,

ordinance, regulation, contract, or other legally binding provision; and

‘‘(4) had incurred significant financial expenditures to comply with the mandates

under State law and to repay outstanding
S6418 CONGRESSIONAL RECORD — SENATE May 10, 1995

revenue bonds that were issued for the construction of solid waste management facilities to which the political subdivision’s

waste was designated.

‘‘(f) 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 such 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 such 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.

‘‘(g) LIMITATIONS ON REVENUE.—A State or

political subdivision may exercise flow control authority under subsection (b), (c), or (d)

only if the State or political subdivision certifies that the use of any of its revenues derived from the exercise of that authority will

be used for solid waste management services.

‘‘(h) REASONABLE REGULATION OF COMMERCE.—A law, ordinance, regulation, or

other legally binding provision or official act

of a State or political subdivision, as described in subsection (b), (c), or (d), 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.

‘‘(i) EFFECT ON EXISTING LAWS AND CONTRACTS.—

‘‘(1) ENVIRONMENTAL LAWS.—Nothing in

this section shall be construed to have 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

shall be construed to authorize a political

subdivision of a State 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 of a State 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.

‘‘(j) REPEAL.—(1) Notwithstanding any provision of this title, authority to flow control

by directing municipal solid waste or recyclable materials to a waste management facility shall terminate on the date that is 30

years after the date of enactment of this

Act.

‘‘(2) 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.’’.

SEC. 203. 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), as amended by section

101(b), is amended by adding after the item

relating to section 4011 the following new

item:

‘‘Sec. 4012. State and local government

control of movement of municipal solid waste and recyclable

material.’’.

TITLE III—GROUND WATER MONITORING

SEC. 301. GROUND WATER MONITORING.

(a) AMENDMENT OF SOLID WASTE DISPOSAL

ACT.—Section 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended—

(1) by striking ‘‘CRITERIA.—Not later’’ and

inserting the following: ‘‘CRITERIA.—

‘‘(1) IN GENERAL.—Not later’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2) ADDITIONAL REVISIONS.—Subject to

paragraph (2), the requirements of the criteria described in paragraph (1) relating to

ground water monitoring shall not apply to

an owner or operator of a new municipal

solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion of a municipal solid waste landfill

unit, that disposes of less than 20 tons of municipal solid waste daily, based on an annual

average, if—

‘‘(A) there is no evidence of ground water

contamination from the municipal solid

waste landfill unit or expansion; and

‘‘(B) the municipal solid waste landfill unit

or expansion serves—

‘‘(i) a community that experiences an annual interruption of at least 3 consecutive

months of surface transportation that prevents access to a regional waste management facility; or

‘‘(ii) a community that has no practicable

waste management alternative and the landfill unit is located in an area that annually

receives less than or equal to 25 inches of

precipitation.

‘‘(3) PROTECTION OF GROUND WATER RESOURCES.—

‘‘(A) MONITORING REQUIREMENT.—A State

may require ground water monitoring of a

solid waste landfill unit that would otherwise be exempt under paragraph (2) if necessary to protect ground water resources and

ensure compliance with a State ground

water protection plan, where applicable.

‘‘(B) METHODS.—If a State requires ground

water monitoring of a solid waste landfill

unit under subparagraph (A), the State may

allow the use of a method other than the use

of ground water monitoring wells to detect a

release of contamination from the unit.

‘‘(C) CORRECTIVE ACTION.—If a State finds a

release from a solid waste landfill unit, the

State shall require corrective action as appropriate.

‘‘(4) REMOTE ALASKA NATIVE VILLAGES.—

Upon certification by the Governor of the

State of Alaska that application of the requirements of the criteria described in paragraph (1) to a solid waste landfill unit of a

Native village (as defined in section 3 of the

Alaska Native Claims Settlement Act (16

U.S.C. 1602)) would be infeasible, would not

be cost-effective, or is otherwise inappropriate because of the remote location of the

unit, the unit shall be exempt from those requirements.’’.

(b) REINSTATEMENT OF REGULATORY EXEMPTION.—It is the intent of section 4010(c)(2) of

the Solid Waste Disposal Act, as added by

subsection (a), to immediately reinstate subpart E of part 258 of title 40, Code of Federal

Regulations, as added by the final rule published at 56 Federal Register 50798 on October

9, 1991.

Mr. DOLE. Mr. President, I understand the distinguished Democratic

leader wants to speak for a few moments on product liability, and so he

will be here momentarily. But I would

say, as we start S. 534, keep in mind it

came out of the committee by a vote of

16 to 0. And I hope this is something we

can complete before the week is out,

sometime by late Friday afternoon. I

know there are amendments. We can

dispose of amendments. But I hope that

in many cases the amendments can be

resolved by agreement, by working

them out. And I know we have reasonable managers on both sides of the

aisle.

This is important legislation, and I

am happy to have it before the Senate.

I hope we can complete action on it before the week is out because next week

we will go to the budget and, hopefully,

following that to telecommunications.

So we have our next 2 or 3 weeks laid

out for us before a very brief Memorial

Day recess.

I will also be sending a letter to Senator DASCHLE today with reference to

the August recess, and unless we can

reach some accommodation, I then will

announce in the next week whether or

not there will be an August recess and,

if so, the length of that recess.

Mr. CHAFEE. I wonder if the leader

would yield to a question.

I heard the ominous words ‘‘a very

brief Memorial Day recess.’’ What does

that mean?

Mr. DOLE. It is a week.

Mr. CHAFEE. That is fine.

Mr. DOLE. It may be longer than the

August recess.

Mr. CHAFEE. 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. DASCHLE. 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. DASCHLE. Mr. President, I want

THE PRODUCT LIABILITY BILL

fto commend so many Senators on both

sides of the aisle for their efforts over

the last couple of weeks on product liability. This has been a vigorous debate, and a debate that obviously has

required a good deal of compromise and

concession on both sides.

I believe there was another opportunity that we could have had to reach

greater consensus on the bill, and I am

sorry we missed that opportunity in

the final days of this debate.

But I do believe that as a result of

the decisions made by this body over