S6538 CONGRESSIONAL RECORD— SENATE May 11, 1995 

status of certain missing members of 

the Armed Forces and certain civilians, 

and for other purposes. 

S. 302

At the request of Mrs. HUTCHISON, the 

name of the Senator from Rhode Island 

[Mr. CHAFEE] was added as a cosponsor 

of S. 302, a bill to make a technical correction to section 11501(h)(2) of title 49, 

United States Code. 

S. 383

At the request of Mr. WARNER, the 

name of the Senator from Ohio [Mr. 

DEWINE] was added as a cosponsor of S. 

383, a bill to provide for the establishment of policy on the deployment by 

the United States of an antiballistic 

missile system and of advanced theater 

missile defense systems. 

S. 440

At the request of Mr. WARNER, the 

name of the Senator from Mississippi 

[Mr. COCHRAN] was added as a cosponsor of S. 440, a bill to amend title 23, 

United States Code, to provide for the 

designation of the National Highway 

System, and for other purposes. 

S. 641

At the request of Mrs. KASSEBAUM, 

the name of the Senator from Kansas 

[Mr. DOLE] was added as a cosponsor of 

S. 641, a bill to reauthorize the Ryan 

White CARE Act of 1990, and for other 

purposes. 

S. 684

At the request of Mr. HATFIELD, the 

name of the Senator from Kentucky 

[Mr. FORD] was added as a cosponsor of 

S. 684, a bill to amend the Public 

Health Service Act to provide for programs of research regarding Parkinson’s disease, and for other purposes. 

S. 768

At the request of Mr. GORTON, the 

name of the Senator from Montana 

[Mr. BURNS] was added as a cosponsor 

of S. 768, a bill to amend the Endangered Species Act of 1973 to reauthorize 

the Act, and for other purposes. 

S. 770

At the request of Mr. GORTON, his 

name was added as a cosponsor of S. 

770, a bill to provide for the relocation 

of the United States Embassy in Israel 

to Jerusalem, and for other purposes. 

At the request of Mr. DOLE, the name 

of the Senator from California [Mrs. 

BOXER] was added as a cosponsor of S. 

770, supra. 

f 

AMENDMENTS SUBMITTED 

THE INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID 

WASTE ACT OF 1995 

THOMPSON AMENDMENT NO. 756 

(Ordered to lie on the table.) 

Mr. THOMPSON submitted an 

amendment intended to be proposed by 

him to the 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; as follows: 

On page 56, line 18, strike after ‘‘delivered,’’ through ‘‘provision’’ on line 21. 

BAUCUS AMENDMENT NO. 757 

(Ordered to lie on the table.) 

Mr. BAUCUS submitted an amendment intended to be proposed by him 

to the bill, S. 534, supra; as follows: 

On page 50, strike line 18 and insert the following: ‘‘in which the generator of the waste 

has an ownership interest.’’. 

DODD (AND LIEBERMAN) 

AMENDMENT NO. 758 

Mr. CHAFEE (for Mr. DODD, for himself and Mr. LIEBERMAN) proposed an 

amendment to the bill, S. 534, supra; as 

follows: 

On page 62, line 4, after the words public 

service authority, add ‘‘or its operator’’. 

ROTH (AND BIDEN) AMENDMENT 

NO. 759 

(Ordered to lie on the table.) 

Mr. ROTH (for himself and Mr. 

BIDEN) submitted an amendment intended to be proposed by them to the 

bill, S. 534, supra; as follows: 

On page 53, line 3, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 53, line 4, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 53, lines 7 and 8, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, or public service authority’’. 

On page 53, line 10, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 56, lines 1 and 2 strike ‘‘and each 

political subdivision of a State’’ and insert ‘‘, 

political subdivision of a State, and public 

service authority’’. 

On page 56, line 12, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 56, line 22, strike ‘‘operation’’ and 

insert ‘‘existence’’. 

On page 57, line 4, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 57, line 7, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 57, line 21, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

CAMPBELL (AND OTHERS) 

AMENDMENT NO. 760 

(Ordered to lie on the table.) 

Mr. CAMPBELL (for himself, Mr. 

BROWN, and Mr. KEMPTHORNE) submitted an amendment intended to be 

proposed by them to the bill S. 534, 

supra; as follows: 

On page 69, strike the quotation mark and 

period at the end of line 22. 

On page 69, between lines 22 and 23, insert 

the following: 

‘‘(5) NO-MIGRATION EXEMPTIONS.—

‘‘(A) IN GENERAL.—Ground water monitoring requirements may be suspended by 

the Director of an approved State for a landfill operator if the operator demonstrates 

that there is no potential for migration of 

hazardous constituents from the unit to the 

uppermost aquifer during the active life of 

the unit and the post-closure care period. 

‘‘(B) CERTIFICATION.—A demonstration 

under subparagraph (A) shall—

‘‘(i) be certified by a qualified groundwater 

scientist and approved by the Director of an 

approved State. 

‘‘(C) GUIDANCE.—

‘‘(i) IN GENERAL.—Not later than 6 months 

after the date of enactment of this paragraph, the Administrator shall issue a guidance document to facilitate and streamline 

small community use of the no migration exemption under this paragraph. 

‘‘(ii) CLARITY.—The guidance document described in clause (i) shall be written in clear 

terms designed to be understandable by officials of small communities without expert 

assistance.’’. 

BINGAMAN AMENDMENT NO. 761 

Mr. BINGAMAN proposed an amendment to the bill, S. 534, supra; as follows: 

At the appropriate place insert the following: 

SEC. . BORDER STUDIES. 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency. 

(2) MAQUILADORA.—The term 

‘‘maquiladora’’ means an industry located in 

Mexico along the border between the United 

States and Mexico. 

(3) SOLID WASTE.—The term ‘‘solid waste’’

has the meaning provided the term under 

section 1004(27) of the Solid Waste Disposal 

Act (42 U.S.C. 6903(27)). 

(b) IN GENERAL.—

(1) STUDY OF SOLID WASTE MANAGEMENT

ISSUES ASSOCIATED WITH NORTH AMERICAN

FREE-TRADE AGREEMENT.—As soon as practicable after the date of enactment of this 

Act, the Administrator is authorized to conduct a study of solid waste management 

issues associated with increased border use 

resulting from the implementation of the 

North American Free Trade Agreement. 

(2) STUDY OF SOLID WASTE MANAGEMENT

ISSUES ASSOCIATED WITH UNITED STATES-CANADA FREE-TRADE AGREEMENT.—As soon as 

practicable after the date of enactment of 

this Act, the Administrator may conduct a 

similar study focused on border traffic of 

solid waste resulting from the implementation of the United States-Canada Free-Trade 

Agreement, with respect to the border region 

between the United States and Canada. 

(c) CONTENTS OF STUDY.—A study conducted under this section shall provide for 

the following: 

(1) A study of planning for solid waste 

treatment, storage, and disposal capacity 

(including additional landfill capacity) that 

would be necessary to accommodate the generation of additional household, commercial, 

and industrial wastes by an increased population along the border involved. 

(2) A study of the relative impact on border 

communities of a regional siting of solid 

waste storage and disposal facilities. 

(3) In the case of the study described in 

subsection (b)(1), research concerning methods of tracking of the transportation of—

(A) materials from the United States to 

maquiladoras; and 

(B) waste from maquiladoras to a final destination. 

(4) In the case of the study described in 

subsection (b)(1), a determination of the need 

for solid waste materials safety training for 

workers in Mexico and the United States 

within the 100-mile zone specified in the 

First Stage Implementation Plan Report for 

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May 11, 1995 CONGRESSIONAL RECORD— SENATE S6539 

1992–1994 of the Integrated Environmental 

Plan for the Mexico-United States Border, 

issued by the Administrator in February 

1992. 

(5) A review of the adequacy of existing 

emergency response networks in the border 

region involved, including the adequacy of 

training, equipment, and personnel. 

(6) An analysis of solid waste management 

practices in the border region involved, including an examination of methods for promoting source reduction, recycling, and 

other alternatives to landfills. 

(d) SOURCES OF INFORMATION.—In conducting a study under this section, the Administrator shall, to the extent allowable by 

law, solicit, collect, and use the following information: 

(1) A demographic profile of border lands 

based on census data prepared by the Bureau 

of the Census of the Department of Commerce and, in the case of the study described 

in subsection (b)(1), census data prepared by 

the Government of Mexico. 

(2) In the case of the study described in 

subsection (b)(1), information from the 

United States Customs Service of the Department of the Treasury concerning solid 

waste transported across the border between 

the United States and Mexico, and the method of transportation of the waste. 

(3) In the case of the study described in 

subsection (b)(1), information concerning the 

type and volume of materials used in 

maquiladoras. 

(4)(A) Immigration data prepared by the 

Immigration and Naturalization Service of 

the Department of Justice. 

(B) In the case of the study described in 

subsection (b)(1), immigration data prepared 

by the Government of Mexico. 

(5) Information relating to the infrastructure of border land, including an accounting 

of the number of landfills, wastewater treatment systems, and solid waste treatment, 

storage, and disposal facilities. 

(6) A listing of each site in the border region involved where solid waste is treated, 

stored, or disposed of. 

(7) In the case of the study described in 

subsection (b)(1), a profile of the industries 

in the region of the border between the 

United States and Mexico. 

(e) CONSULTATION AND COOPERATION.—In 

carrying out this section, the Administrator 

shall consult with the following entities in 

reviewing study activities: 

(1) With respect to reviewing the study described in subsection (b)(1), States and political subdivisions of States (including municipalities and counties) in the region of the 

border between the United States and Mexico. 

(2) The heads of other Federal agencies (including the Secretary of the Interior, the 

Secretary of Housing, the Secretary of 

Health and Human Services, the Secretary of 

Transportion, and the Secretary of Commerce) and with respect to reviewing the 

study described in subsection (b)(1), equivalent officials of the Government of Mexico. 

(f) REPORTS TO CONGRESS.—On completion 

of the studies under this section, the Administrator shall, not later than 2 years after 

the date of enactment of this Act, submit to 

the appropriate committees of Congress reports that summarize the findings of the 

studies and propose methods by which solid 

waste border traffic may be tracked, from 

source to destination, on an annual basis. 

(g) BORDER STUDY DELAY.—The conduct of 

the study described in subsection (b)(2) shall 

not delay or otherwise affect completion of 

the study described in subsection (b)(1). 

(h) FUNDING.—If any funding needed to conduct the studies required by this section is 

not otherwise available, the President may 

transfer to the Administrator, for use in conducting the studies, any funds that have 

been appropriated to the President under 

section 533 of the North American Free 

Trade Agreement Implementation Act (19 

U.S.C. 3473) that are in excess of the amount 

needed to carry out that section. States that 

wish to participate in study will be asked to 

contribute to the costs of the study. The 

terms of the cost share shall be negotiated 

between the Environmental Protection 

Agency and the State.’’. 

COATS AMENDMENTS NOS. 762–765 

(Ordered to lie on the table.) 

Mr. COATS submitted four amendments intended to be proposed by him 

to the bill, S. 534, supra; as follows: 

AMENDMENT NO. 762 

On page 52, line 6, after ‘‘State.’’ insert ‘‘A 

general reference to the receipt of waste outside the jurisdiction of the affected local 

government does not meet the requirement 

of the preceding sentence.’’

AMENDMENT NO. 763 

On page 34, line 4, after ‘‘1993’’ insert ‘‘or 

calendar year 1994, whichever is less’’. 

AMENDMENT NO. 764 

On page 48, strike lines 15 through 24 and 

insert the following: 

‘‘(2) HOST COMMUNITY AGREEMENT.—

‘‘(A) ON OR AFTER DATE THAT IS 90 DAYS

AFTER DATE OF ENACTMENT.—The term ‘host 

community agreement’, with respect to an 

agreement entered into on or after the date 

that is 90 days after the date of enactment of 

this section, 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 specified 

amounts of municipal solid waste generated 

out of State. 

‘‘(B) BEFORE DATE THAT IS 90 DAYS AFTER

DATE OF ENACTMENT.—

‘‘(i) IN GENERAL.—The term ‘host community agreement’, with respect to an agreement entered into before the date that is 90 

days after the date of enactment of this section—

‘‘(I) means a written, legally binding document or documents executed by duly authorized officials of the affected local government specifically authorizing a landfill or incinerator to receive municipal solid waste 

generated out of State; but 

‘‘(II) does not include an agreement to pay 

host community fees for receipt of waste unless additional express authorization to receive out-of-State municipal solid waste is 

also included. 

‘‘(ii) TERMINOLOGY.—An agreement under 

clause (i) may use a term other than ‘out-ofState’, provided that any alternative term or 

terms evidence the approval or consent of 

the affected local government for receipt of 

municipal solid waste from sources or locations outside the State in which the landfill 

or incinerator is located or is proposed to be 

located. 

AMENDMENT NO. 765 

On page 35, strike line 3 and all that follows through page 36, line 12, and insert the 

following: 

‘‘(B) ADDITIONAL LIMIT FOR MUNICIPAL

WASTE.—

‘‘(i) IN GENERAL.—A State (referred to in 

this subparagraph as an ‘importing State’) 

may impose a limit under (in addition to or 

in lieu of any other limit imposed under this 

paragraph) on the amount of out-of-State 

municipal solid waste received at landfills 

and incinerators in the importing State. 

‘‘(ii) REQUIREMENTS.—A limit under clause 

(i) may be imposed only if each of the following requirements is met: 

‘‘(I) The limit does not conflict (within the 

meaning of clause (iii)) with any permit or 

host community agreement authorizing the 

receipt of out-of-State municipal solid 

waste. 

‘‘(II) The importing State has notified the 

Governor of the exporting State or States of 

the proposed limit at least 12 months before 

imposition of the limit. 

‘‘(III) The importing State has notified the 

Governor of the exporting State or States of 

the proposed limit at least 90 days before enforcement of the limit. 

‘‘(IV) The percentage reduction in the 

amount of out-of-State municipal solid 

waste that is received at each facility in the 

importing State at which a limit is established under clause (i) is uniform for all such 

facilities. 

‘‘(iii) CONFLICT.—A limit referred to in 

clause (ii)(I) shall be treated as conflicting 

with a permit or host community agreement 

if—

‘‘(I) the permit or host community agreement establishes a higher limit; or 

‘‘(II) the permit or host community agreement does not establish any limit, 

on the amount of out-of-State municipal 

solid waste that may be received annually at 

a landfill or incinerator that is the subject of 

the permit or host community agreement. 

‘‘(iv) LIMIT STATED AS PERCENTAGE.—

‘‘(I) IN GENERAL.—A limit under clause (i) 

shall be stated as a percentage of the amount 

of out-of-State municipal solid waste generated in the exporting State and received at 

landfills and facilities in the importing State 

during calendar year 1993. 

‘‘(II) AMOUNT.—For any calendar year, the 

percentage amount of a limit under clause (i) 

shall be as specified in the following table: 

Applicable 

‘‘Calendar year: 

Percentage: 

1996 ............................................... 85 

1997 ............................................... 75 

1998 ............................................... 65 

1999 ............................................... 55 

after 1999 ...................................... 50. 

HUTCHISON AMENDMENT NO. 766 

(Ordered to lie on the table.) 

Mrs. HUTCHISON submitted an 

amendment intended to be proposed by 

her to the bill, S. 534, supra, as follows: 

On page 64, line 6, strike the word ‘‘may’’

and insert the word ‘‘shall.’’

ROTH (AND BIDEN) AMENDMENTS 

NOS. 767–768 

(Ordered to lie on the table.) 

Mr. ROTH (for himself and Mr. 

BIDEN) submitted two amendments intended to be proposed by them to the 

bill, S. 534, supra; as follows: 

AMENDMENT NO. 767 

On page 66, between lines 17 and 18 insert 

the following: 

‘‘(j) PUBLIC SERVICE AUTHORITIES.—For all 

purposes of this title, a reference to a political subdivision shall include reference to a 

public service authority. 

AMENDMENT NO. 768 

On page 56, line 22, strike ‘‘operation’’ and 

insert ‘‘existence’’. 

KYL AMENDMENT NO. 769 

Mr. KYL proposed an amendment to 

the bill, S. 534, supra; as follows: 

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S6540 CONGRESSIONAL RECORD— SENATE May 11, 1995 

On page 57, strike line 16 and all that follows through page 58, line 22, and insert the 

following: 

‘‘(4) CONTINUED EFFECTIVENESS OF AUTHORITY DURING AMORTIZATION OF FINANCING.—

‘‘(A) IN GENERAL.—With respect to each 

designated waste management facility or facilities, or Public Service Authority, authority may be exercised under this section 

only—

‘‘(i) until the date on which payments 

under the schedule for payment of the capital costs of the facility concerned, as in effect on May 15, 1994, are completed; and 

‘‘(ii) so long as all revenues (except for revenues used for operation and maintenance of 

the designated waste management facility or 

facilities, or Public Service Authority) derived from tipping fees and other fees 

charged for the disposal of waste at the facility concerned are used to make such payments. 

‘‘(B) REFINANCING.—Subparagraph (A) shall 

not be construed to preclude refinancing of 

the capital costs of a facility, but if, under 

the terms of a refinancing, completion of the 

schedule for payment of capital costs will 

occur after the date on which completion 

would have occurred in accordance with the 

schedule for payment in effect on May 15, 

1994, the authority under this section shall 

expire on the earlier of—

‘‘(i) the date specified in subparagraph 

(A)(i); or 

‘‘(ii) the date on which payments under the 

schedule for payment, as in effect after the 

refinancing, are completed. 

‘‘(C) Any political subdivision of a State 

exercising flow control authority pursuant 

to subsection (c) may exercise such authority under this section only until completion 

of the original schedule for payment of the 

capital costs of the facility for which permits and contracts were in effect, obtained 

or submitted prior to May 15, 1994.’’

SNOWE (AND COHEN) AMENDMENT 

NO. 770 

(Ordered to lie on the table.) 

Ms. SNOWE (for herself and Mr. 

COHEN) submitted an amendment intended to be proposed by them to the 

bill, S. 534, supra; as follows: 

On page 58, line 5, strike ‘‘original facility’’

and insert ‘‘facility (as in existence on the 

date of enactment of this section)’’. 

SNOWE (AND COHEN) AMENDMENT 

NO. 771 

(Ordered to lie on the table.) 

Ms. SNOWE (for herself and Mr. 

COHEN) submitted an amendment intended to be proposed by them to the 

bill, S. 534, supra; as follows: 

On page 56, lines 18 through 21, strike ‘‘the 

substantial construction of which facilities 

was performed after the effective date of 

that law, ordinance, regulation, or other legally binding provision and’’. 

SPECTER AMENDMENT NO. 772 

(Ordered to lie on the table.) 

Mr. SPECTER submitted an amendment intended to be proposed by him 

to the bill, S. 534, supra; as follows: 

On line 23 on page 56, after ‘‘1994’’ insert 

the following: ‘‘; or 

‘‘(C) is imposed to direct the flow of municipal solid waste to existing publicly-financed 

resource recovery facilities (as defined in 

section 1004(24) of this Act) which were constructed prior to January 1, 1975 and were in 

operation as of May 15, 1994’’. 

FAIRCLOTH AMENDMENT NO. 773 

Mr. CHAFEE (for Mr. FAIRCLOTH) 

proposed an amendment to the bill, S. 

534, supra; as follows: 

On page 59, after line 20, insert the following: 

‘‘(6) FLOW CONTROL ORDINANCE.—Notwithstanding anything to the contrary in this 

section, but subject to subsection (j), any political subdivision which adopted a flow control ordinance in November 1991, and designated facilities to receive municipal solid 

waste prior to 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 persons 

regarding the movement or delivery of municipal solid waste or voluntarily relinquished recyclable material to a designated 

facility (as in effect May 15, 1994). Such authority shall extend only to the specific 

classes or categories of municipal solid 

waste to which flow control authority was 

actually applied on or before May 15, 1994. 

The authority under this subsection shall be 

exercised in accordance with section 

4012(b)(4). 

JEFFORDS AMENDMENT NO. 774 

(Ordered to lie on the table.) 

Mr. JEFFORDS submitted an amendment intended to be proposed by him 

to the bill, S. 534, supra; as follows: 

On page 64, between lines 2 and 3, insert 

the following: 

‘‘(f) STATE SOLID WASTE DISTRICT AUTHORITY.—A solid waste district 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—

‘‘(1) the solid waste district 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 by the year 2000, and 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) prior to May 15, 1994, the solid waste 

district—

‘‘(A) was responsible under State law for 

the management and regulation of the storage, collection, processing, and disposal of 

solid wastes within its jurisdiction; 

‘‘(B) was authorized by State statute (enacted prior to January 1, 1990) to exercise 

flow control authority, and subsequently 

adopted the authority through a law, ordinance, regulation, contract, franchise, or 

other legally binding provision; and 

‘‘(C) was required by State statute (enacted prior to January 1, 1992) to develop and 

implement a solid waste management plan 

consistent with the State solid waste management plan, and the district solid waste 

management plan was approved by the appropriate State agency prior to September 

15, 1994. 

LAUTENBERG AMENDMENT NO. 775 

Mr. LAUTENBERG proposed an 

amendment to the bill S. 534, supra; as 

follows: 

On page 58, strike line 23 and all that follows through page 59, line 20, and insert the 

following: 

‘‘(5) ADDITIONAL AUTHORITY.—

‘‘(A) APPLICATION OF PARAGRAPH.—This 

paragraph applies to a State or political subdivision of a State that, on or before January 1, 1984—

‘‘(i) adopted regulations 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 those regulations in the case of 

every political subdivision of the State. 

‘‘(B) AUTHORITY.—Notwithstanding anything to the contrary in this section (including subsection (j)), a State or political subdivision of a State 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. 

DORGAN AMENDMENT NO. 776 

(Ordered to lie on the table.) 

Dr. DORGAN submitted an amendment intended to be proposed by him 

to the bill S. 534, supra; as follows: 

On page 50, strike line 22 and all that follows through page 51, line 2. 

WARNER AMENDMENTS NOS. 777–

779 

(Ordered to lie on the table.) 

Mr. WARNER submitted three 

amendments intended to be proposed 

by him to the bill S. 534, supra; as follows: 

AMENDMENT NO. 777 

On page 53, line 10, insert ‘‘or operated’’

after ‘‘identified’’. 

AMENDMENT NO. 778 

On page 58, line 20, strike ‘‘and’’ and insert 

‘‘or’’. 

AMENDMENT NO. 779 

On page 65, line 6, insert ‘‘or related landfill restoration’’ after ‘‘services’’. 

MCCONNELL AMENDMENT NO. 780 

(Ordered to lie on the table.) 

Mr. MCCONNELL submitted an 

amendment intended to be proposed by 

him to the bill S. 534, supra; as follows: 

At the end of the amendment add the following: 

TITLE III—STATE OR REGIONAL SOLID 

WASTE PLANS 

SEC. 301. FINDING. 

Section 1002(a) of the Solid Waste Disposal 

Act (42 U.S.C. 6901(a)) is amended—

(1) by striking the period at the end of 

paragraph (4) and inserting ‘‘; and’’; and 

(2) by adding at the end the following: 

‘‘(5) that the Nation’s improved standard of 

living has resulted in an increase in the 

amount of solid waste generated per capita, 

and the Nation has not given adequate consideration to solid waste reduction strategies.’’. 

SEC. 302. OBJECTIVE OF SOLID WASTE DISPOSAL 

ACT 

Section 1003(a) of the Solid Waste Disposal 

Act (42 U.S.C. 6902(a)) is amended—

(1) by striking the period at the end of 

paragraph (10); 

(2) by striking the period at the end of 

paragraph (11) and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 11, 1995 CONGRESSIONAL RECORD— SENATE S6541 

‘‘(12) promoting local and regional planning for—

‘‘(A) effective solid waste collection and 

disposal; and 

‘‘(B) reducing the amount of solid waste 

generated per capita through the use of solid 

waste reduction strategies.’’. 

SEC. 303. NATIONAL POLICY. 

Section 1003(b) of the Solid Waste Disposal 

Act (42 U.S.C. 6902(b)) is amended by inserting ‘‘solid waste and’’ after ‘‘generation of’’. 

SEC. 304. OBJECTIVE OF SUBTITLE D OF SOLID 

WASTE DISPOSAL ACT. 

Section 4001 of the Solid Waste Disposal 

Act (42 U.S.C. 6941) is amended by inserting 

‘‘promote local and regional planning for effective solid waste collection and disposal 

and for reducing the amount of solid waste 

generated per capita through the use of solid 

waste reduction strategies, and’’ after ‘‘objectives of this subtitle are to’’. 

SEC. 305. GUIDELINES FOR STATE PLANS. 

Section 4002(b) of the Solid Waste Disposal 

Act (42 U.S.C. 6942(b)) is amended by striking 

‘‘eighteen months after the date of enactment of this section’’ and inserting ‘‘18 

months after the date of enactment of the 

Interstate Transportation of Municipal Solid 

Waste Act of 1995’’. 

SEC. 306. DISCRETIONARY STATE PLAN PROVISIONS. 

Section 4003 of the Solid Waste Disposal 

Act (42 U.S.C. 6943) is amended by adding at 

the end the following: 

‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING TO SOLID WASTE REDUCTION GOALS, 

LOCAL AND REGIONAL PLANS, AND ISSUANCE

OF SOLID WASTE MANAGEMENT PERMITS.—A 

State plan submitted under this subtitle 

may include, at the option of the State, provisions for—

‘‘(1) establishment of a State per capita 

solid waste reduction goal, consistent with 

the goals and objectives of this subtitle, 

under which the State may disapprove a 

local or regional plan or deny a solid waste 

management permit that is inconsistent 

with those goals and objectives; and 

‘‘(2) establishment of a program relating 

solid waste management permits issued by 

the State in accordance with sections 4004 

and 4005 to local and regional plans developed in accordance with section 4006 and approved by the State, under which the State 

may—

‘‘(A) deny a permit for the reason that the 

permit is inconsistent with a local or regional plan; 

‘‘(B) issue a permit despite inconsistency 

with a local plan if—

‘‘(i) the plan does not adequately provide 

for the current and projected solid waste 

management needs of the persons within the 

planning area; or 

‘‘(ii) issuance of the permit is necessary to 

meet the solid waste management needs of 

persons outside the planning area but within 

the State’s jurisdiction; 

‘‘(C) deny a permit despite consistency 

with a local plan if the plan is inconsistent 

with a State per capita solid waste reduction 

goal established under paragraph (1); and 

‘‘(D) allow local and regional plans to ban 

or restrict the importation of solid waste 

(except hazardous waste, and except solid 

waste imported in accordance with a host 

community agreement for which the State 

issued a permit prior to January 1, 1994) from 

outside the planning area if the current and 

projected solid waste management needs of 

the persons within the planning area have 

been met by solid waste management facilities identified in the plan, whether within or 

outside the planning area.’’. 

SEC. 307. PROCEDURE FOR DEVELOPMENT AND 

IMPLEMENTATION OF STATE PLANS. 

Section 4006(b) of the Solid Waste Disposal 

Act (42 U.S.C. 6946(b)) is amended ‘‘and discretionary plan provisions’’ after ‘‘minimum 

requirements’’. 

COATS AMENDMENT NO. 781 

(Ordered to lie on the table.) 

Mr. COATS submitted an amendment 

intended to be proposed by him to the 

bill S. 534, supra; as follows: 

On page 43, between lines 14 and 15 insert 

the following: 

‘‘(d) DENIAL OF PERMIT BASED ON A NEEDS

DETERMINATON.—The Governor of a State 

may deny a permit for a solid waste management facility on the basis of a needs determination in the permitting process if State 

law enacted or regulation adopted prior to 

May 15, 1994, specifically authorizes a denial 

on that basis. 

MOYNIHAN AMENDMENT NO. 782 

(Ordered to lie on the table.) 

Mr. MOYNIHAN submitted an 

amendment intended to be proposed by 

him to the bill S. 534, supra; as follows: 

On page 60 strike lines 6 through 12 and insert the following: 

‘‘(B) prior to 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, ordinance, regulation, plan, 

or legally binding provision. 

COHEN (AND SNOWE) 

AMENDMENTS NOS. 783–84 

(Ordered to lie on the table.) 

Mr. COHEN (for himself and Ms. 

SNOWE) submitted two amendments intended to be proposed by them to the 

bill S. 534, supra; as follows: 

AMENDMENT NO. 783 

On page 55, between lines 10 and 11 insert 

the following: 

‘‘(5) PUT OR PAY AGREEMENT.—(1) The term 

‘put or pay agreement’ means an agreement 

that obligates or otherwise requires a State 

or political subdivision 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. 

‘‘(2) 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. 

‘‘(3) The entering into of a put or pay 

agreement shall be considered to be a designation (as defined in subsection (a)(1)) for 

all purposes of this title. 

AMENDMENT NO. 784 

On page 55, between lines 10 and 11, insert 

the following: 

‘‘(5) PUT OR PAY AGREEMENT.—(1) The term 

‘put or pay agreement’ means an agreement 

that obligates or otherwise requires a State 

or political subdivision 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. 

‘‘(2) 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 which have entered 

put or pay agreements designating that 

waste management facility. 

‘‘(3) The entering into of a put or pay 

agreement shall be considered to be a designation (as defined in subsection (a)(1)) for 

all purposes of this title. 

ROTH (AND BIDEN) AMENDMENT 

NO. 785 

(Ordered to lie on the table.) 

Mr. ROTH (for himself and Mr. 

BIDEN) submitted an amendment intended to be proposed by them to the 

bill S. 534, supra; as follows: 

On page 56, line 23, strike ‘‘1994.’’ and insert ‘‘1994, or were in operation prior to May 

15, 1994, and were temporarily inoperative on 

May 15, 1994.’’

MURRAY AMENDMENT NO. 786 

(Ordered to lie on the table.) 

Mrs. MURRAY submitted an amendment intended to be proposed by her to 

the bill S. 534, supra; as follows: 

On page 64, between lines 2 and 3, insert 

the following: 

‘‘(f) STATE-MANDATED SOLID WASTE MANAGEMENT PLANNING.—A political subdivision 

of a State may exercise flow control authority for municipal solid waste, construction 

and demolition debris, and for voluntarily 

relinquished recyclable material that is generated within its jurisdiction if State legislation enacted prior to January 1, 1990 mandated the political subdivision to plan for 

the management of solid waste generated 

within its jurisdiction, and if prior to January 1, 1990 the State delegated to its political 

subdivisions the authority to establish a system of solid waste handling, and if prior to 

May 15, 1994: 

(1) the political subdivision has, in accordance with the plan adopted pursuant to such 

State mandate, obligated itself through contract (including a contract to repay a debt) 

to utilize existing solid waste facilities or an 

existing system of solid waste facilities; and 

(2) the political subdivision has undertaken 

a recycling program in accordance with its 

adopted waste management plan to meet the 

State’s solid waste reduction goal of fifty 

percent; and 

(3) significant financial commitments have 

been made to implement the plan cited 

above. 

DEWINE AMENDMENT NO. 787 

(Ordered to lie on the table.) 

Mr. DEWINE submitted an amendment intended to be proposed by him 

to the bill S. 534, supra; as follows: 

At the appropriate place insert the following: 

‘‘( ) AUTHORITY TO RESTRICT OUT-OFSTATE CONSTRUCTION AND DEMOLITION DEBRIS.—

‘‘(1) LIST.—On or before June 1, 1997, the 

Administrator shall publish a list disclosing 

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S6542 CONGRESSIONAL RECORD— SENATE May 11, 1995 

the amount of construction and demolition 

debris exported by each State in calendar 

year 1996. 

‘‘(2) AUTHORITY.—A State (referred to in 

this subsection as an ‘importing State’) may 

impose a limit on the amount of out-of-State 

construction and demolition debris received 

at landfills and incinerators in the importing 

State. 

‘‘(3) LIMIT STATED AS PERCENTAGE.—

‘‘(A) IN GENERAL.—A limit under paragraph 

(1) shall be stated as a percentage of the 

amount of out-of-State construction and 

demolition debris generated in the exporting 

State and received at landfills and facilities 

in the importing State during calendar year 

1996. 

‘‘(B) AMOUNT.—For any calendar year, the 

percentage amount of a limit under subparagraph (A) shall be as specified in the following table: 

Applicable 

‘‘Calendar year: 

Percentage: 

1998 ............................................... 100 

1999 ............................................... 100 

2000 ............................................... 100 

2001 ............................................... 95 

2002 ............................................... 90 

2003 ............................................... 85 

2004 ............................................... 80 

2005 ............................................... 75 

2006 ............................................... 70 

2007 ............................................... 65 

2008 ............................................... 60 

2009 ............................................... 55 

after 2009 ...................................... 50. 

‘‘(4) CONSTRUCTION AND DEMOLITION DEBRIS.—In this subsection, the term ‘construction and demolition debris’ means debris resulting from construction, remodeling, repair, or demolition of structures, other than 

such debris that—

‘‘(A) is commingled with municipal solid 

waste (which such commingled debris is included within the meaning of ‘municipal 

solid waste’); or 

‘‘(B) the generator of the debris has determined to be contained in accordance with 

paragraph (6). 

‘‘(54) OUT-OF-STATE CONSTRUCTION AND DEMOLITION DEBRIS.—In this subsection, the term 

‘out-of-State construction and demolition 

debris’ means, with respect to any State, 

construction and demolition debris generated outside the State. Nothing in this 

paragraph shall be construed to interfere 

with a treaty to which the United States is 

a party. 

‘‘(6) CONTAMINATED DEBRIS.—

‘‘(A) DETERMINATION.—For the purpose of 

determining whether debris is contaminated 

for the purpose of paragraph (4), the generator of the waste shall conduct representative sampling and analysis of the debris, the 

result of which shall be submitted to the affected local government for recordkeeping 

purposes only, unless not required by the affected local government. 

‘‘(B) DISPOSAL.—Debris that has been determined to be contaminated under paragraph (1) shall be disposed of in a landfill 

that meets, at a minimum, the requirements 

of this subtitle.’’

‘‘(7) ANNUAL REPORTS.—Submissions and 

annual reports under subsection (a)(6) shall 

include the amount of construction and demolition debris received. 

HATFIELD AMENDMENT NO. 788 

(Ordered to lie on the table.) 

Mr. HATFIELD submitted an amendment intended to be proposed by him 

to the bill S. 534, supra; as follows: 

At the end of the amendment, insert the 

following new title: 

TITLE ll—

SEC. ll01. SHORT TITLE. 

This title may be cited as the ‘‘National 

Beverage Container Reuse and Recycling Act 

of 1995’’. 

SEC. ll02. FINDINGS. 

Congress finds the following: 

(1) The failure to reuse and recycle empty 

beverage containers represents a significant 

and unnecessary waste of important national 

energy and material resources. 

(2) The littering of empty beverage containers constitutes a public nuisance, safety 

hazard, and aesthetic blight and imposes 

upon public agencies, private businesses, 

farmers, and landowners unnecessary costs 

for the collection and removal of the containers. 

(3) Solid waste resulting from the empty 

beverage containers constitutes a significant 

and rapidly growing proportion of municipal 

solid waste and increases the cost and problems of effectively managing the disposal of 

the waste. 

(4) It is difficult for local communities to 

raise the necessary capital to initiate comprehensive recycling programs. 

(5) The reuse and recycling of empty beverage containers would help eliminate unnecessary burdens on individuals, local governments, and the environment. 

(6) Several States have previously enacted 

and implemented State laws designed to protect the environment, conserve energy and 

material resources, and promote resource recovery of waste by requiring a refund value 

on the sale of all beverage containers. 

(7) The laws referred to in paragraph (6) 

have proven inexpensive to administer and 

effective at reducing financial burdens on 

communities by internalizing the cost of recycling and litter control to the producers 

and consumers of beverages. 

(8) A national system for requiring a refund value on the sale of all beverage containers would act as a positive incentive to 

individuals to clean up the environment and 

would—

(A) result in a high level of reuse and recycling of the containers; and 

(B) help reduce the costs associated with 

solid waste management. 

(9) A national system for requiring a refund value on the sale of all beverage containers would result in significant energy 

conservation and resource recovery. 

(10) The reuse and recycling of empty beverage containers would eliminate unnecessary burdens on the Federal Government, 

local and State governments, and the environment. 

(11) The collection of unclaimed refunds 

from a national system of beverage container recycling would provide the resources 

necessary to assist comprehensive reuse and 

recycling programs throughout the United 

States. 

(12) A national system of beverage container recycling is consistent with the intent 

of the Resource Conservation and Recovery 

Act of 1976 (42 U.S.C. 6901 et seq.). 

(13) The provisions of this title are consistent with the goals established by the Administrator of the Environmental Protection 

Agency in January 1988. The goals include a 

national goal of 25 percent source reduction 

and recycling by 1992, coupled with a substantial slowing of the projected rate of increase in waste generation by the year 2000. 

SEC. ll03. AMENDMENT OF SOLID WASTE DISPOSAL ACT. 

(a) IN GENERAL.—The Solid Waste Disposal 

Act is amended by adding at the end thereof 

the following new subtitle: 

‘‘Subtitle K—Beverage Container Recycling 

‘‘SEC. 12001. DEFINITIONS. 

As used in this subtitle: 

‘‘(1) BEVERAGE.—The term ‘beverage’

means beer or other malt beverage, mineral 

water, soda water, wine cooler, or a carbonated soft drink of any variety in liquid form 

intended for human consumption. 

‘‘(2) BEVERAGE CONTAINER.—The term ‘beverage container’ means a container—

‘‘(A) constructed of metal, glass, or plastic 

(or a combination of the materials); 

‘‘(B) having a capacity of up to one gallon 

of liquid; and 

‘‘(C) that is or has been sealed and used to 

contain a beverage for sale in interstate 

commerce. 

‘‘(3) BEVERAGE DISTRIBUTOR.—The term 

‘beverage distributor’ means a person who 

sells or offers for sale in interstate commerce to beverage retailers beverages in beverage containers for resale. 

‘‘(4) BEVERAGE RETAILER.—The term ‘beverage retailer’ means a person who purchases 

from a beverage distributor beverages in beverage containers for sale to a consumer or 

who sells or offers to sell in commerce beverages in beverage containers to a consumer. 

‘‘(5) CONSUMER.—The term ‘consumer’

means a person who purchases a beverage 

container for any use other than resale. 

‘‘(6) REFUND VALUE.—The term ‘refund 

value’ means the amount specified as the refund value of a beverage container under section 12002. 

‘‘(7) UNBROKEN BEVERAGE CONTAINER.—The 

term ‘unbroken beverage container’ shall include a beverage container opened in a manner in which the container was designed to 

be opened. A beverage container made of 

metal or plastic that is compressed shall 

constitute an unbroken beverage container if 

the statement of the amount of the refund 

value of the container is still readable. 

‘‘(8) WINE COOLER.—The term ‘wine cooler’

means a drink containing less than 7 percent 

alcohol (by volume)—

‘‘(A) consisting of wine and plain, sparkling, or carbonated water; and 

‘‘(B) containing a non-alcoholic beverage, 

flavoring, coloring material, fruit juice, fruit 

adjunct, sugar, carbon dioxide, or preservatives (or any combination thereof). 

‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER 

LABELING. 

‘‘Except as otherwise provided in section 

12007, no beverage distributor or beverage retailer may sell or offer for sale in interstate 

commerce a beverage in a beverage container unless there is clearly, prominently, 

and securely affixed to, or printed on, the 

container a statement of the refund value of 

the container in the amount of 10 cents. The 

Administrator shall promulgate regulations 

establishing uniform standards for the size 

and location of the refund value statement 

on beverage containers. The 10 cent amount 

specified in this section shall be subject to 

adjustment by the Administrator, as provided in section 12008. 

‘‘SEC. 12003. ORIGINATION OF REFUND VALUE. 

‘‘For each beverage in a beverage container 

sold in interstate commerce to a beverage 

retailer by a beverage distributor, the distributor shall collect from the retailer the 

amount of the refund value shown on the 

container. With respect to each beverage in a 

beverage container sold in interstate commerce to a consumer by a beverage retailer, 

the retailer shall collect from the consumer 

the amount of the refund value shown on the 

container. No person other than a person described in this section may collect a deposit 

on a beverage container. 

‘‘SEC. 12004. RETURN OF REFUND VALUE. 

‘‘(a) PAYMENT BY RETAILER.—If a person 

tenders for refund an empty and unbroken 

beverage container to a beverage retailer 

who sells (or has sold at any time during the 

3-month period ending on the date of tender) 

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May 11, 1995 CONGRESSIONAL RECORD— SENATE S6543 

the same brand of beverage in the same kind 

and size of container, the retailer shall 

promptly pay the person the amount of the 

refund value stated on the container. 

‘‘(b) PAYMENT BY DISTRIBUTOR.—

‘‘(1) IN GENERAL.—If a person tenders for 

refund an empty and unbroken beverage container to a beverage distributor who sells (or 

has sold at any time during the 3-month period ending on the date of tender) the same 

brand of beverage in the same kind and size 

of container, the distributor shall promptly 

pay the person—

‘‘(A) the amount of the refund value stated 

on the container, plus 

‘‘(B) an amount equal to at least 2 cents 

per container to help defray the cost of handling. 

‘‘(2) TENDERING BEVERAGE CONTAINERS TO

OTHER PERSONS.—This subsection shall not 

preclude any person from tendering beverage 

containers to persons other than beverage 

distributors. 

‘‘(c) AGREEMENTS.—

‘‘(1) IN GENERAL.—Nothing in this subtitle 

shall preclude agreements between distributors, retailers, or other persons to establish 

centralized beverage collection centers, including centers that act as agents of the retailers. 

‘‘(2) AGREEMENT FOR CRUSHING OR BUNDLING.—Nothing in this subtitle shall preclude agreements between beverage retailers, beverage distributors, or other persons 

for the crushing or bundling (or both) of beverage containers. 

‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE 

RECYCLING FUNDS. 

‘‘(a) UNCLAIMED REFUNDS.—At the end of 

each calendar year, each beverage distributor shall pay to each State an amount 

equal to the sum by which the total refund 

value of all containers sold by the distributor for resale in that State during the 

year exceeds the total sum paid during that 

year by the distributor under section 12004(b) 

to persons in the State. The total amount of 

unclaimed refunds received by any State 

under this section shall be available to carry 

out pollution prevention and recycling programs in the State. 

‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—

If the total amount of payments made by a 

beverage distributor in any calendar year 

under section 12004(b) for any State exceeds 

the total amount of the refund values of all 

containers sold by the distributor for resale 

in the State, the excess shall be credited 

against the amount otherwise required to be 

paid by the distributor to that State under 

subsection (a) for a subsequent calendar 

year, designated by the beverage distributor. 

‘‘SEC. 12006. PROHIBITIONS ON DETACHABLE 

OPENINGS AND POST-REDEMPTION 

DISPOSAL. 

‘‘(a) DETACHABLE OPENINGS.—No beverage 

distributor or beverage retailer may sell, or 

offer for sale, in interstate commerce a beverage in a metal beverage container a part of 

which is designed to be detached in order to 

open the container. 

‘‘(b) POST-REDEMPTION DISPOSAL.—No retailer or distributor or agent of a retailer or 

distributor may dispose of any beverage container labeled pursuant to section 12002 or 

any metal, glass, or plastic from the beverage container (other than the top or other 

seal thereof) in any landfill or other solid 

waste disposal facility. 

‘‘SEC. 12007. EXEMPTED STATES. 

‘‘(a) IN GENERAL.—

‘‘(1) EXEMPTION.—Sections 12002 through 

12005 and sections 12008 and 12009 shall not 

apply in any State that—

‘‘(A) has adopted and implemented requirements applicable to all beverage containers 

sold in the State if the Administrator determines the requirements to be substantially 

similar to the provisions of sections 12002 

through 12005 and sections 12008 and 12009 of 

this subtitle; or 

‘‘(B) demonstrates to the Administrator 

that, for any period of 12 consecutive months 

following the date of enactment of this subtitle, the State achieved a recycling or reuse 

rate for beverage containers of at least 70 

percent. 

‘‘(2) TERMINATION OF EXEMPTION.—If at anytime following a determination by the Administrator under paragraph (1)(B) that a 

State has achieved a 70 percent recycling or 

reuse rate, the Administrator determines 

that the State has failed, for any 12-consecutive month period, to maintain at least a 70 

percent recycling or reuse rate of beverage 

containers, the Administrator shall notify 

the State that, on the expiration of the 90- 

day period following the notification, sections 12002 through 12005 and sections 12008 

and 12009 shall apply with respect to the 

State until a subsequent determination is 

made under paragraph (1)(A) or a demonstration is made under paragraph (1)(B). 

‘‘(b) DETERMINATION OF TAX.—No State or 

political subdivision thereof that imposes a 

tax on the sale of any beverage container 

may impose a tax on any amount attributable to the refund value of the container. 

‘‘(c) EFFECT ON OTHER LAWS.—Nothing in 

this subtitle is intended to affect the authority of any State or political subdivision 

thereof—

‘‘(1) to enact or enforce (or continue in effect) any law concerning a refund value on 

containers other than beverage containers; 

or 

‘‘(2) to regulate redemption and other centers that purchase empty beverage containers from beverage retailers, consumers, 

or other persons. 

‘‘SEC. 12008. REGULATIONS. 

‘‘(a) IN GENERAL.—Not later than 12 

months after the date of enactment of this 

subtitle, the Administrator shall prescribe 

regulations to carry out this subtitle. 

‘‘(b) BEVERAGE RETAILER.—The regulations 

shall include a definition of the term ‘beverage retailer’ for any case in which beverages in beverage containers are sold to 

consumers through beverage vending machines. 

‘‘(c) ADJUSTMENT FOR INFLATION.—The regulations shall adjust the 10 cent amount 

specified in section 12002 to account for inflation. The initial adjustment shall become effective on the date that is 10 years after the 

date of enactment of this subtitle, and additional adjustments shall become effective 

every 10 years thereafter. 

‘‘SEC. 12009. PENALTIES. 

‘‘Any person who violates any provision of 

section 12002, 12003, 12004, or 12006 shall be 

subject to a civil penalty of not more than 

$1,000 for each violation. Any person who violates any provision of section 12005 shall be 

subject to a civil penalty of not more than 

$10,000 for each violation. 

‘‘SEC. 12010. EFFECTIVE DATE. 

‘‘Except as provided in section 12008, this 

subtitle shall take effect on the date that is 

2 years after the date of enactment of this 

subtitle.’’. 

(b) TABLE OF CONTENTS.—The table of contents for the Solid Waste Disposal Act (42 

U.S.C. prec. 6901) is amended by adding at 

the end thereof the following new items: 

‘‘SUBTITLE K—BEVERAGE CONTAINER

RECYCLING

‘‘Sec. 12001. Definitions. 

‘‘Sec. 12002. Required beverage container labeling. 

‘‘Sec. 12003. Origination of refund value. 

‘‘Sec. 12004. Return of refund value. 

‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State 

recycling funds. 

‘‘Sec. 12006. Prohibitions on detachable openings and post-redemption disposal. 

‘‘Sec. 12007. Exempted States. 

‘‘Sec. 12008. Regulations. 

‘‘Sec. 12009. Penalties. 

‘‘Sec. 12010. Effective date.’’. 

SMITH (AND OTHERS) 

AMENDMENT NO. 789 

Mr. SMITH (for himself, Mr. CHAFEE, 

and Mr. BAUCUS) proposed an amendment to the bill S. 534, supra; as follows: 

On page 38, line 18, strike the phrase ‘‘the 

Administrator has determined’’. 

On page 39, after line 8, insert the following: ‘‘For purposes of developing the list 

required in this Section, the Administrator 

shall be responsible for collating and publishing only that information provided to the 

Administrator by States pursuant to this 

Section. The Administrator shall not be required to gather additional data over and 

above that provided by the States pursuant 

to this Section, nor to verify data provided 

by the States pursuant to this Section, nor 

to arbitrate or otherwise entertain or resolve 

disputes between States or other parties concerning interstate movements of municipal 

solid waste. Any actions by the Administrator under this Section shall be final and 

not subject to judicial review.’’

On page 38, after the ‘‘.’’ on line 16 insert 

the following: ‘‘States making submissions 

referred to in this Section to the Administrator shall notice these submissions for 

public review and comment at the State 

level before submitting them to the Administrator.’’

On page 33, line 20, strike ‘‘(6)(D)’’ and insert ‘‘(6)(C)’’. 

On page 34, line 13, strike ‘‘determined’’

and insert ‘‘listed’’. 

On page 34, line 13, strike ‘‘(6)(E)’’ and insert ‘‘(6)(C)’’. 

On page 36, line 16, strike ‘‘(6)(E)’’ and insert ‘‘(6)(C)’’. 

On page 50, strike line 18 and insert the following: ‘‘in which the generator of the waste 

has an ownership interest.’’. 

D’AMATO AMENDMENTS NOS. 790–

814 

(Ordered to lie on the table.) 

Mr. D’AMATO submitted 25 amendments intended to be proposed by him 

to the bill S. 534, supra; as follows: 

AMENDMENT NO. 790 

At the appropriate place insert the following: 

( ) SEVERABILITY.—

If any provision of this Act, an amendment 

made by this Act, or the application of such 

provision or amendment to any person or 

circumstance is held to be unconstitutional, 

the remainder of this Act, the amendments 

made by this Act, and the application of the 

provisions of such to any person or circumstance shall not be affected thereby. 

AMENDMENT NO. 791 

On page 35, line 5, insert the phrase ‘‘or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ after the word 

‘‘agreements’’. 

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the world 

‘‘shall’’. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S6544 CONGRESSIONAL RECORD— SENATE May 11, 1995 

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’. 

On page 38, line 19, insert the phrase ‘‘to 

landfills or incinerators not covered by hostcommunity agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ before the word ‘‘in’’. 

AMENDMENT NO. 792 

On page 64, at line 3, insert the following 

and reletter all subsequent paragraphs: 

(f) STATE-AUTHORIZED SERVICES AND LOCAL

PLAN ADOPTION.—A political subdivision of a 

State may exercise flow control authority 

for municipal solid waste and for recyclable 

material voluntarily relinquished by the 

other or generator of the material that is 

generated within its jurisdiction if, prior to 

May 15, 1994, the political subdivision—

(1) 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 

(2) had adopted a local solid waste management plan pursuant to State statute; and 

(3) had incurred significant financial expenditures for the planning, site selection, 

design, permitting, construction or acquisition of the facilities proposed in its local 

solid waste management plan. 

AMENDMENT NO. 793 

On page 60, delete from line 23 to page 61, 

line 2, and replace with the following: 

(C) REVENUE BONDS.—Prior to May 15, 1994, 

revenue bonds were presented for sale to specifically provide revenue for the site selection, permitting or acquisition for construction of the facility. 

On page 61, after line 8, add the following: 

(E) FINANCIAL EXPENDITURES.—Prior to 

May 15, 1994, the State or political subdivision had executed revenue or general obligation bonds or other financial instruments 

(such as lines of credit and bond anticipation 

notes) to provide for the site selection, permitting, or acquisition for construction of 

the facility. 

AMENDMENT NO. 794 

On page 64, after line (2), add a new subdivision (4) as follows and reletter the remaining subdivisions accordingly: 

(f) STATE-AUTHORIZED FLOW CONTROL.—A 

political subdivision of a State may exercise 

flow control for municipal solid waste and 

recyclable material that is generated within 

its jurisdiction if, prior to May 15, 1994 the 

political subdivision had been authorized by 

State statute to exercise flow control authority. 

AMENDMENT NO. 795 

Page 64, line 3, insert the following as letter (f) and reletter subsequent paragraphs accordingly: 

(f) STATE-AUTHORIZED SERVICES AND LOCAL

PLAN ADOPTION.—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) had been authorized by State statute 

which specifically named the political subdivision to exercise flow control authority 

and had implemented the authority through 

a law, ordinance, regulation, contract, or 

other legally binding provision; and 

(2) had adopted a local solid waste management plan pursuant to State statute and was 

required by State statute to adopt such plan 

in order to submit a complete permit application to construct a new solid waste management facility proposed in such plan; and 

(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 proposed in its local solid waste management 

plan; and 

(4) includes a municipality or municipalities required by State law to adopt a local 

law or ordinance to require that solid waste 

which 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 where potable water 

supplies are derived from sole source 

aquifers. 

AMENDMENT NO. 796 

On page 61, after line 8, insert the following: 

(E) SIGNIFICANT EXPENDITURE.—The political subdivision had, prior to May 15, 1994, 

expended or committed to expending at least 

50 percent of the cost of a comprehensive 

solid waste management system, and had relied on flow control authority for the completion of the system and payment of obligations incurred for the establishment of the 

system. 

AMENDMENT NO. 797 

On page 61, after line 8, insert the following: 

(E) SIGNIFICANT EXPENDITURE.—The political subdivision had, prior to May 15, 1994, 

expended or committed to expending at least 

75 percent of the cost of a comprehensive 

solid waste management system, and had relied on flow control authority for the completion of the system and payment of obligations incurred for the establishment of the 

system. 

AMENDMENT NO. 798 

On page 35, line 9, replace ‘‘1993’’ with 

‘‘1994’’. 

AMENDMENT NO. 799 

On page 46, line 19, before ‘‘or’’ add ‘‘, to 

authorize, require, or result in the violation 

or failure to perform the terms of a written, 

legally binding contract entered into before 

enactment of this section,’’

AMENDMENT NO. 800 

On page 39, line 8, replace ‘‘June 1’’ with 

‘‘September 1’’. 

AMENDMENT NO. 801 

On page 38, lines 14 and 15, delete ‘‘the 

identity of the generator’’. 

AMENDMENT NO. 802 

On page 36, line 21, after ‘‘waste’’, add ‘‘A 

limit or prohibition shall be treated as violating and inconsistent with a host community agreement or permit if the agreement 

or permit establishes a higher limit or does 

not establish any limit.’’

AMENDMENT NO. 803 

On page 33, line 1, delete immediately upon 

date of enactment of this section’’ and insert 

‘‘beginning January 1, 1996’’. 

AMENDMENT NO. 804 

Starting on page 34, delete line 5 through 

page 35, line 2, and renumber the remainder 

of the paragraphs accordingly. 

AMENDMENT NO. 805 

Delete from page 34, line 5 through page 35, 

line 22 and replace with the following: 

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

no State may export to landfills or incinerators in any 1 State, more than the following 

amounts of municipal solid waste: 

‘‘(I) In calendar year 1996, 95 percent of the 

amount exported to the State in calendar 

year 1993. 

‘‘(II) In calendar years 1997 through 2002, 95 

percent of the amount exported to the State 

in the previous year. 

‘‘(III) In calendar year 2003, and each succeeding year, the limit shall be 50% of the 

amount exported in 1993.’’

On page 36, line 14, delete ‘‘and (B)’’. 

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the word 

‘‘shall’’. 

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’. 

Delete page 38, line 17 through page 39, line 

6 and replace with the following: 

‘‘(C) LIST.—The Administrator shall publish a list of importing States and the out-ofState municipal solid waste received from 

each State at landfills or incinerators not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste.’’

AMENDMENT NO. 806 

Delete from page 34, line 5 through page 35, 

line 22 and replace with the following: 

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

no State may export to landfills or incinerators in any 1 State, more than the following 

amounts of municipal solid waste: 

‘‘(I) In calendar year 1996, 92 percent of the 

amount exported to the State in calendar 

year 1993. 

‘‘(II) In calendar years 1997 through 2002, 92 

percent of the amount exported to the State 

in the previous year. 

‘‘(III) In calendar year 2003, and each succeeding year, the limit shall be 50% of the 

amount exported in 1993.’’

On page 36, line 14, delete ‘‘and (B)’’. 

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the word 

‘‘shall’’. 

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’. 

Delete page 38, line 17 through page 39, line 

6 and replace with the following: 

‘‘(C) LIST.—The Administrator shall publish a list of importing States and the out-ofState municipal solid waste received from 

each State at landfills or incinerators not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste.’’

AMENDMENT NO. 807 

Delete from page 34, line 5, through page 

35, line 22 and replace with the following: 

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

no State may export to landfills or incinerators in any 1 State, more than the following 

amounts of municipal solid waste. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 11, 1995 CONGRESSIONAL RECORD— SENATE S6545 

(I) In calendar year 1996, 91 percent of the 

amount exported to the State in calendar 

year 1993; 

(II) In calendar years 1997 through 2002, 91 

percent of the amount exported to the state 

in the previous year; 

(III) In calendar year 2003, and each succeeding year, the limit shall be 50% of the 

amount exported in 1993. 

On page 36, line 14, delete ‘‘and (B)’’

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the word 

‘‘shall’’. 

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’. 

Delete page 38, line 17, through page 39, 

line 6 and replace with the following: 

‘‘(C) LIST.—The Administrator shall publish a list of importing states and the out-ofstate municipal solid waste received from 

each State at landfills or incinerators not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste.’’

AMENDMENT NO. 808 

Delete from page 34, line 5, through page 

35, line 22 and replace with the following: 

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

no State may export to landfills or incinerators in any 1 State, more than the following 

amounts of municipal solid waste. 

(I) In calendar year 1996, 93 percent of the 

amount exported to the State in calendar 

year 1993; 

(II) In calendar years 1997 through 2002, 93 

percent of the amount exported to the state 

in the previous year; 

(III) In calendar year 2003, and each succeeding year, the limit shall be 50% of the 

amount exported in 1993. 

On page 36, line 14, delete ‘‘and (B)’’. 

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the word 

‘‘shall’’. 

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’. 

Delete page 38, line 17 through page 39, line 

6 and replace with the following: 

‘‘(C) LIST.—The Administrator shall publish a list of importing states and the out-ofstate municipal solid waste received from 

each State at landfills or incinerators not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste.’’

AMENDMENT NO. 809 

Delete from page 34, line 5, through page 

35, line 22 and replace with the following: 

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

no State may export to landfills or incinerators in any 1 State, more than the following 

amounts of municipal solid waste. 

(I) In calendar year 1996, 94 percent of the 

amount exported to the State in calendar 

year 1993, 

(II) In calendar years 1997 through 2002, 94 

percent of the amount exported to the state 

in the previous year; 

(III) In calendar year 2003, and each succeeding year, the limit shall be 50% of the 

amount exported in 1993. 

On page 36, line 14, delete ‘‘and (B)’’

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the word 

‘‘shall’’

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’

Delete page 38, line 17, through page 39, 

line 6 and replace with the following: 

‘‘(C) LIST.—The Administrator shall publish a list of importing states and the out-ofstate municipal solid waste received from 

each State at landfills or incinerators not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste.’’

AMENDMENT NO. 810 

Delete from page 34, line 5, through page 

35, line 22 and replace with the following: 

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

no State may export to landfills or incinerators in any 1 State, more than the following 

amounts of municipal solid waste. 

(I) In calendar year 1996, 94 percent of the 

amount exported to the State in calendar 

year 1993; 

(II) In calendar years 1997 through 2002, 90 

percent of the amount exported to the state 

in the previous year; 

(III) In calendar year 2003, and each succeeding year, the limit shall be 50% of the 

amount exported in 1993. 

On page 36, line 14, delete ‘‘and (B)’’

On page 37, line 22, insert the phrase ‘‘not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste’’ before the word 

‘‘shall’’

On page 38, line 3, delete ‘‘July 1’’ and insert ‘‘May 1’’. 

On page 38, line 8, insert the phrase ‘‘at 

landfills or incinerators not covered by host 

community agreements or permits authorizing receipt of out-of-State municipal solid 

waste’’ after the word ‘‘State’’

Delete page 38, line 17, through page 39, 

line 6 and replace with the following: 

‘‘(C) LIST.—The Administrator shall publish a list of importing states and the out-ofstate municipal solid waste received from 

each State at landfills or incinerators not 

covered by host community agreements or 

permits authorizing receipt of out-of-State 

municipal solid waste.’’

AMENDMENT NO. 811 

Replace from page 34, line 18, through page 

35, line 2, with the following: 

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

each of calendar years 1996 and 1997 

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

in each of calendar years 1998 and 1999 

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

in each of calendar years 2000 and 2001 

(iv) 2,000,000 tons of municipal solid waste 

in each of calendar years 2002 and each year 

thereafter. 

On page 38, delete from line 22 to page 39, 

line 6, and replace with the following: 

(i) 3,500,000 tons in 1996; 

(ii) 3,500,000 tons in 1997; 

(iii) 3,000,000 tons in 1998; 

(iv) 3,000,000 tons in 1999; 

(v) 2,500,000 tons in 2000; 

(vi) 2,500,000 tons in 2001; 

(vii) 2,000,000 tons in 2002 and each year 

thereafter. 

AMENDMENT NO. 812 

On page 34, line 9, delete ‘‘prohibit or’’. 

AMENDMENT NO. 813 

On page 34, lines 9 and 10, delete ‘‘prohibit 

or limit the amount’’ and insert ‘‘restrict 

levels of imports to reflect the appropriate 

level as specified in (i) through (v)’’. 

AMENDMENT NO. 814 

Insert the following at the appropriate 

place: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Comprehensive Iran Sanctions Act of 1995’’. 

SEC. 2. CONGRESSIONAL FINDINGS. 

(a) IRAN’S VIOLATIONS OF HUMAN RIGHTS.—

The Congress makes the following findings 

with respect to Iran’s violations of human 

rights: 

(1) As cited by the 1991 United Nations Special Representative on Human Rights, Amnesty International, and the United States 

Department of State, the Government of 

Iran has conducted assassinations outside of 

Iran, such as that of former Prime Minister 

Shahpour Bakhtiar for which the Government of France issued arrest warrants for 

several Iranian governmental officials. 

(2) As cited by the 1991 United Nations Special Representative on Human Rights and by 

Amnesty International, the Government of 

Iran has conducted revolutionary trials 

which do not meet internationally recognized standards of fairness or justice. These 

trials have included such violations as a lack 

of procedural safeguards, trial times of 5 

minutes or less, limited access to defense 

counsel, forced confessions, and summary 

executions. 

(3) As cited by the 1991 United Nations Special Representative on Human Rights, the 

Government of Iran systematically represses 

its Baha’i population. Persecutions of this 

small religious community include assassinations, arbitrary arrests, electoral prohibitions, and denial of applications for documents such as passports. 

(4) As cited by the 1991 United Nations Special Representative on Human Rights, the 

Government of Iran suppresses opposition to 

its government. Political organizations such 

as the Freedom Movement are banned from 

parliamentary elections, have their telephones tapped and their mail opened, and are 

systematically harassed and intimidated. 

(5) As cited by the 1991 United Nations Special Representative on Human Rights and 

Amnesty International, the Government of 

Iran has failed to recognize the importance 

of international human rights. This includes 

suppression of Iranian human rights movements such as the Freedom Movement, lack 

of cooperation with international human 

rights organizations such as the International Red Cross, and an overall apathy 

toward human rights in general. This lack of 

concern prompted the Special Representative to state in his report that Iran had made 

‘‘no appreciable progress towards improved 

compliance with human rights in accordance 

with the current international instruments’’. 

(6) As cited by Amnesty International, the 

Government of Iran continues to torture its 

political prisoners. Torture methods include 

burns, arbitrary blows, severe beatings, and 

positions inducing pain. 

(b) IRAN’S ACTS OF INTERNATIONAL TERRORISM.—The Congress makes the following 

findings, based on the records of the Department of State, with respect to Iran’s acts of 

international terrorism: 

(1) As cited by the Department of State, 

the Government of Iran was the greatest 

supporter of state terrorism in 1992, supporting over 20 terrorist acts, including the 

bombing of the Israeli Embassy in Buenos 

Aires that killed 29 people. 

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S6546 CONGRESSIONAL RECORD— SENATE May 11, 1995 

(2) As cited by the Department of State, 

the Government of Iran is a sponsor of radical religious groups that have used terrorism as a tool. These include such groups 

as Hezballah, HAMAS, the Turkish Islamic 

Jihad, and the Popular Front for the Liberation of Palestine-General Command (PFLP–

GC). 

(3) As cited by the Department of State, 

the Government of Iran has resorted to 

international terrorism as a means of obtaining political gain. These actions have included not only the assassination of former 

Prime Minister Bakhitiar, but the death sentence imposed on Salman Rushdie, and the 

assassination of the leader of the Kurdish 

Democratic Party of Iran. 

(4) As cited by the Department of State 

and the Vice President’s Task Force on Combatting Terrorism, the Government of Iran 

has long been a proponent of terrorist actions against the United States, beginning 

with the takeover of the United States Embassy in Tehran in 1979. Iranian support of 

extremist groups have led to the following 

attacks upon the United States as well: 

(A) The car bomb attack on the United 

States Embassy in Beirut killing 49 in 1983 

by the Hezballah. 

(B) The car bomb attack on the United 

States Marine Barracks in Beirut killing 241 

in 1983 by the Hezballah. 

(C) The assassination of the president of 

American University in 1984 by the 

Hezballah. 

(D) The kidnapping of all American hostages in Lebanon from 1984–1986 by the 

Hezballah. 

SEC. 3. TRADE EMBARGO. 

(a) IN GENERAL.—Except as provided in 

subsection (d), effective on the date of enactment of this Act, a total embargo shall be in 

force on trade between the United States and 

Iran. 

(b) COVERED TRANSACTIONS.—As part of 

such embargo the following transactions are 

prohibited: 

(1) CURRENCY TRANSACTIONS.—Any transaction in the currency exchange of Iran. 

(2) CREDIT TRANSACTIONS.—The transfer of 

credit or payments between, by, through, or 

to any banking institution, to the extent 

that such transfers or payments involve any 

interest of Iran or a national thereof. 

(3) IMPORTATION OF CURRENCY OR SECURITIES.—The importing from, or exporting to, 

Iran of currency or securities. 

(4) TRANSACTIONS IN PROPERTY.—Any acquisition, holding, withholding, use, transfer, 

withdrawal, transportation, importation or 

exportation of, or dealing in, or exercising 

any right, power, or privilege with respect 

to, or any transaction involving, any property in which Iran or any national thereof 

has any interest; by any person, or with respect to any property, subject to the jurisdiction of the United States. 

(5) EXPORTS.—The licensing for export to 

Iran, or for export to any other country for 

reexport to Iran, by any person subject to 

the jurisdiction of the United States of any 

item or technology controlled under the Export Administration Act of 1979, the Arms 

Export Control Act, or the Atomic Energy 

Act of 1954. 

(c) EXTRATERRITORIAL APPLICATION.—In addition to the transactions described in subsection (b), the trade embargo imposed by 

this Act prohibits any transaction described 

in paragraphs (1) through (4) of that subsection when engaged in by a United States 

national abroad. 

(d) EXCEPTIONS.—The authority granted to 

the President by this section does not include the authority to regulate or prohibit, 

directly or indirectly, the following: 

(1) COMMUNICATIONS.—Any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value. 

(2) HUMANITARIAN ASSISTANCE.—Donations, 

by persons subject to the jurisdiction of the 

United States, of articles, such as food, 

clothing, medicine, medical supplies, instruments, or equipment intended to be used to 

relieve human suffering, except to the extent 

that the President determines that such donations are in response to coercion against 

the proposed recipient or donor. 

(3) INFORMATION AND INFORMATIONAL MATERIALS.—The importation from Iran, or the 

exportation to Iran, whether commercial or 

otherwise, regardless of format or medium of 

transmission, of any information or informational materials, including but not limited 

to, publications, films, posters, phonograph 

records, photographs, microfilms, microfiche, tapes, compact discs, CD ROMs, 

artworks, and news wire feeds. The exports 

exempted from regulation or prohibition by 

this paragraph do not include those which 

are otherwise controlled for export under 

section 5 of the Export Administration Act 

of 1979, or under section 6 of such Act to the 

extent that such controls promote the nonproliferation or antiterrorism policies of the 

United States, or with respect to which acts 

are prohibited by chapter 37 of title 18, 

United States Code. 

(e) PENALTIES.—Any person who violates 

this section or any license, order, or regulation issued under this section shall be subject to the same penalties as are applicable 

under section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) 

to violations of licenses, orders, or regulations under that Act. 

(f) APPLICATION TO EXISTING LAW.—This 

section shall apply notwithstanding any 

other provision of law or international 

agreement. 

SEC. 4. IMPOSITION OF SANCTIONS ON PERSONS 

ENGAGING IN TRADE WITH IRAN. 

(a) DETERMINATION BY THE PRESIDENT.—

(1) IN GENERAL.—The President shall impose the sanctions described in subsection (b) 

if the President determines in writing that, 

on or after the date of enactment of this Act, 

a foreign person has, with requisite knowledge, engaged in trade with Iran in any 

goods or technology (as defined in section 16 

of the Export Administration Act of 1979). 

(2) PERSONS AGAINST WHICH THE SANCTIONS

ARE TO BE IMPOSED.—The sanctions shall be 

imposed pursuant to paragraph (1) on—

(A) the foreign person with respect to 

which the President makes the determination described in that paragraph; 

(B) any successor entity to that foreign 

person; 

(C) any foreign person that is a parent or 

subsidiary of that person if that parent or 

subsidiary with requisite knowledge engaged 

in the activities which were the basis of that 

determination; and 

(D) any foreign person that is an affiliate 

of that person if that affiliate with requisite 

knowledge engaged in the activities which 

were the basis of that determination and if 

that affiliate is controlled in fact by that 

person. 

(b) SANCTIONS.—

(1) DESCRIPTION OF SANCTIONS.—The sanctions to be imposed pursuant to subsection 

(a)(1) are, except as provided in paragraph (2) 

of this subsection, as follows: 

(A) PROCUREMENT SANCTION.—The United 

States Government shall not procure, or 

enter into any contract for the procurement 

of, any goods or services from any person described in subsection (a)(2). 

(B) EXPORT SANCTION.—The United States 

Government shall not issue any license for 

any export by or to any person described in 

subsection (a)(2). 

(2) EXCEPTIONS.—The President shall not 

be required to apply or maintain the sanctions under this section—

(A) in the case of procurement of defense 

articles or defense services—

(i) under existing contracts or subcontracts, including the exercise of options 

for production quantities to satisfy requirements essential to the national security of 

the United States; 

(ii) if the President determines in writing 

that the person or other entity to which the 

sanction would otherwise be applied is a sole 

source supplier of the defense articles or 

services, that the defense articles or services 

are essential, and that alternative sources 

are not readily or reasonably available; or 

(iii) if the President determines in writing 

that such articles or services are essential to 

the national security under defense coproduction agreements; 

(B) to products or services provided under 

contracts entered into before the date on 

which the President publishes his intention 

to impose the sanction; 

(C) to—

(i) spare parts which are essential to 

United States products or production; 

(ii) component parts, but not finished products, essential to United States products or 

production; or 

(iii) routine servicing and maintenance of 

products, to the extent that alternative 

sources are not readily or reasonably available; 

(D) to information and technology essential to United States products or production; 

or 

(E) to medical or other humanitarian 

items. 

(c) SUPERSEDES EXISTING LAW.—The provisions of this section supersede the provisions 

of section 1604 of the Iran-Iraq Arms NonProliferation Act of 1992 (as contained in 

Public Law 102-484) as such section applies to 

Iran. 

SEC. 5. OPPOSITION TO MULTILATERAL ASSISTANCE. 

(a) INTERNATIONAL FINANCIAL INSTITUTIONS.—(1) The Secretary of the Treasury 

shall instruct the United States executive director of each international financial institution described in paragraph (2) to oppose 

and vote against any extension of credit or 

other financial assistance by that institution 

to Iran. 

(2) The international financial institutions 

referred to in paragraph (1) are the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, and 

the International Monetary Fund. 

(b) UNITED NATIONS.—It is the sense of the 

Congress that the United States Permanent 

Representative to the United Nations should 

oppose and vote against the provision of any 

assistance by the United Nations or any of 

its specialized agencies to Iran. 

SEC. 6. WAIVER AUTHORITY. 

The provisions of sections 3, 4, and 5 shall 

not apply if the President determines and 

certifies to the appropriate congressional 

committees that Iran—

(1) has substantially improved its adherence to internationally recognized standards 

of human rights; 

(2) has ceased its efforts to acquire a nuclear explosive device; and 

(3) has ceased support for acts of international terrorism. 

SEC. 7. REPORT REQUIRED. 

Beginning 60 days after the date of enactment of this Act, and every 90 days thereafter, the President shall transmit to the appropriate congressional committees a report 

describing—

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May 11, 1995 CONGRESSIONAL RECORD— SENATE S6547 

(1) the nuclear and other military capabilities of Iran; and 

(2) the support, if any, provided by Iran for 

acts of international terrorism. 

SEC. 8. DEFINITIONS. 

As used in this Act: 

(1) ACT OF INTERNATIONAL TERRORISM.—The 

term ‘‘act of international terrorism’’ means 

an act—

(A) which is violent or dangerous to human 

life and that is a violation of the criminal 

laws of the United States or of any State or 

that would be a criminal violation if committed within the jurisdiction of the United 

States or any State; and 

(B) which appears to be intended—

(i) to intimidate or coerce a civilian population; 

(ii) to influence the policy of a government 

by intimidation or coercion; or 

(iii) to affect the conduct of a government 

by assassination or kidnapping. 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional 

committees’’ means the Committees on 

Banking, Housing and Urban Affairs and 

Foreign Relations of the Senate and the 

Committees on Banking and Financial Services and International Relations of the 

House of Representatives. 

(3) FOREIGN PERSON.—The term ‘‘foreign 

person’’ means—

(A) an individual who is not a United 

States national or an alien admitted for permanent residence to the United States; or 

(B) a corporation, partnership, or other 

nongovernment entity which is not a United 

States national. 

(4) IRAN.—The term ‘‘Iran’’ includes any 

agency or instrumentality of Iran. 

(5) NUCLEAR EXPLOSIVE DEVICE.—The term 

‘‘nuclear explosive device’’ means any device, whether assembled or disassembled, 

that is designed to produce an instantaneous 

release of an amount of nuclear energy from 

special nuclear material that is greater than 

the amount of energy that would be released 

from the detonation of one pound of trinitrotoluene (TNT). 

(6) DEFINITION.—For purposes of this subsection, the term ‘‘requisite knowledge’’

means situations in which a person ‘‘knows’’, 

as ‘‘knowing’’ is defined in section 104 of the 

Foreign Corrupt Practices Act of 1977 (15 

U.S.C. 78dd–2). 

(7) UNITED STATES.—The term ‘‘United 

States’’ means the several States, the District of Columbia, the Commonwealth of 

Puerto Rico, the Commonwealth of the 

Northern Mariana Islands, American Samoa, 

Guam, the United States Virgin Islands, and 

any other territory or possession of the 

United States. 

(8) UNITED STATES NATIONAL.—The term 

‘‘United States national’’ means—

(A) a natural person who is a citizen of the 

United States or who owes permanent allegiance to the United States; 

(B) a corporation or other legal entity 

which is organized under the laws of the 

United States, any State or territory thereof, or the District of Columbia, if natural 

persons who are nationals of the United 

States own, directly or indirectly, more than 

50 percent of the outstanding capital stock 

or other beneficial interest in such legal entity; and 

(C) any foreign subsidiary of a corporation 

or other legal entity described in subparagraph (B). 

BREAUX AMENDMENTS NOS. 815–818 

(Ordered to lie on the table.) 

Mr. BREAUX submitted five amendments intended to be proposed by him 

to the bill S. 534, supra; as follows: 

AMENDMENT NO. 815 

At the appropriate place, insert the following: 

SEC. . STUDY OF INTERSTATE WASTE TRANSPORT. 

(a) DEFINITIONS.—In this section: 

(1) HAZARDOUS WASTE.—The term ‘‘hazardous waste’’ has the meaning provided in 

section 1004 of the Solid Waste Disposal Act 

(42 U.S.C. 6903). 

(2) SEWAGE SLUDGE.—The term ‘‘sewage 

sludge’’—

(A) means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works; and 

(B) includes—

(i) domestic septage; 

(ii) scum or a solid removed in a primary, 

secondary, or advanced wastewater treatment process; and 

(iii) material derived from sewage sludge 

(as otherwise defined in this paragraph); but 

(C) does not include—

(i) ash generated during the firing of sewage sludge (as otherwise defined in this paragraph) in a sewage sludge incinerator; or 

(ii) grit or screening generated during preliminary treatment of domestic sewage in a 

treatment works. 

(3) SLUDGE.—The term ‘‘sludge’’ has the 

meaning provided in section 1004 of the Solid 

Waste Disposal Act (42 U.S.C. 6903). 

(b) STUDY.—Not later than 3 years after the 

date of enactment of this Act, the Administrator of the Environmental Protection 

Agency shall conduct a study, and report to 

Congress on the results of the study, to determine—

(1) the quantity of sludge (including sewage sludge) and hazardous waste that is 

being transported across State lines; and 

(2) the ultimate disposition of the transported sludge and waste. 

AMENDMENT NO. 816 

Beginning on page 49, strike line 14 and all 

that follows through page 51, line 17, and insert the following: 

tics, leather, rubber, hazardous waste, sewage sludge, 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, 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; 

‘‘(B) 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; 

‘‘(C) 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; 

‘‘(D) any solid waste generated incident to 

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

‘‘(E) 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; 

‘‘(F) any medical waste that is segregated 

from or not mixed with municipal solid 

waste (as otherwise defined in this paragraph); or 

‘‘(G) 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) SEWAGE SLUDGE.—The term ‘sewage 

sludge’—

‘‘(A) means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works; and 

‘‘(B) includes—

‘‘(i) domestic septage; 

‘‘(ii) scum or a solid removed in a primary, 

secondary, or advanced wastewater treatment process; and 

‘‘(iii) material derived from sewage sludge 

(as otherwise defined in this paragraph); but 

‘‘(C) does not include—

‘‘(i) ash generated during the firing of sewage sludge (as otherwise defined in this paragraph) in a sewage sludge incinerator; or 

‘‘(ii) grit or screenings generated during 

preliminary treatment of domestic sewage in 

a treatment works.’’

AMENDMENT NO. 817 

On page 49, line 14, after ‘‘rubber,’’ insert 

‘‘hazardous waste,’’. 

AMENDMENT NO. 818 

Beginning on page 49, strike line 14 and all 

that follows through page 51, line 17, and insert the following: tics, leather, rubber, sewage sledge, or other combustible or noncombustible materials such as metal or glass 

(or any combination thereof). The term ‘municipal old waste’ does not include—

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

a hazardous waste under section 3001; 

‘‘(B) any solid waste, including contaminated solid 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 

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S6548 CONGRESSIONAL RECORD— SENATE May 11, 1995 

‘‘(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) SEWAGE SLUDGE.—The term ‘sewage 

sludge’—

‘‘(A) means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works; and 

‘‘(B) includes—

‘‘(i) domestic septage; 

‘‘(ii) scum or a solid removed in a primary, 

secondary, or advanced wastewater treatment process; and 

‘‘(iii) material derived from sewage sludge 

(as otherwise defined in this paragraph); but 

‘‘(C) does not include—

‘‘(i) ash generated during the firing of sewage sludge (as otherwise defined in this paragraph) in a sewage sludge incinerator; or 

‘‘(ii) grit or screenings generated during 

preliminary treatment of domestic sewage in 

a treatment works. 

LIEBERMAN AMENDMENT NO. 819 

(Ordered to lie on the table). 

Mr. LIEBERMAN submitted an 

amendment intended to be proposed by 

him to the bill S. 534, supra; as follows: 

On pages 62–63, strike lines 24–25, and lines 

1–3. 

BIDEN AMENDMENT NO. 820 

(Ordered to lie on the table.) 

Mr. BIDEN submitted an amendment 

intended to be proposed by him to the 

bill S. 534, supra; as follows: 

On page 56, line 23, strike ‘‘1994.’’ and insert ‘‘1994, or were in operation prior to May 

15, 1994 and were temporarily inoperative on 

May 15, 1994,’’. 

BAUCUS AMENDMENT NO. 821 

(Ordered to lie on the table.) 

Mr. BAUCUS submitted an amendment intended to be proposed by him 

to the bill S. 534, supra; as follows: 

Beginning on page 33, line 9, strike all 

through page 46, line 19, and insert the following: 

‘‘(a) RESTRICTION ON RECEIPT OF OUT-OFSTATE WASTE.—(1) IN GENERAL.—(A) Except 

as provided in subsections (b) and (e), effective January 1, 1996, a landfill or incinerator 

in a State may not receive for disposal or incineration any out-of-State municipal solid 

waste unless the owner or operator of such 

landfill or incinerator has entered into a 

host community agreement or obtained a 

permit authorizing receipt of out-of-State 

municipal solid waste prior to enactment of 

this section, or obtains a host community 

agreement pursuant to this subsection. 

‘‘(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. 

‘‘(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 enter into a host community agreement after the date of enactment of this section, shall prior to taking such action—

‘‘(A) notify the Governor, contiguous local 

governments, and any contiguous Indian 

tribes; 

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May 11, 1995 CONGRESSIONAL RECORD— SENATE S6549 

‘‘(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 in accordance with State law, including at least 1 public hearing; 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-SATE MUNICIPAL SOLID WASTE.—(1) 

The prohibition on the disposal of out-ofState municipal solid waste in 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. 

‘‘(C) before the date of enactment of this 

section, the owner or operator entered into a 

host community agreement or received a 

permit specifically authorizing the owner or 

operator to accept at the landfill or incinerator municipal solid waste generated outside 

the State in which it is or will be located.’’

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

pursuant to subsection (a)(1) 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. 

‘‘(3) The owner or operator of a landfill or 

incinerator that is exempt under this subsection from the prohibition in subsection 

(a)(1) shall provide to the State and affected 

local government, and make available for inspection by the public in the affected local 

community, a copy of the host community 

agreement or permit referenced in subparagraph (C). The owner or operator may omit 

from such copy or other documentation any 

proprietary information, but shall ensure 

that at least the following information is apparent; the volume of out-of-State municipal 

solid waste received; the place of origin of 

the waste, and the duration of any relevant 

contract. 

‘‘(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 

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 to authorize, require, or result in the violation or failure to perform the 

terms of a written, legally binding contract 

entered into before enactment of this section 

during the life of the contract as determined 

under State law; or 

DODD AMENDMENT NO. 822 

(Ordered to lie on the table.) 

Mr. DODD submitted an amendment 

intended to be proposed by him to the 

bill S. 534, supra; as follows: 

In the committee substitute on page 62, 

line 14, strike ‘‘and’’, and all that follows 

through line 3 on page 63, and insert the following: 

‘‘or 

‘‘(iii) entered into contracts with the operator of a solid waste facility selected by an 

operating committee composed of local political subdivisions created pursuant to 

State law to deliver or cause to be delivered 

to the facility 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 

on behalf of the operating committee for 

waste management facilities; 

‘‘(B) prior to May 15, 1994, the public service authority or operating committee composed of local political subdivisions created 

pursuant to State law—

‘‘(i) issued or had issued on its behalf, 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.’’

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

S6550 CONGRESSIONAL RECORD— SENATE May 11, 1995 

SMITH AMENDMENTS NOS. 823–824 

(Ordered to lie on the table.) 

Mr. SMITH submitted two amendments intended to be proposed by him 

to the bill S. 534, supra; as follows: 

AMENDMENT NO. 823 

On page 56, lines 18 through 21, strike ‘‘the 

substantial construction of which facilities 

was performed after the effective date of 

that law, ordinance, regulation, or other legally binding provision and’’. 

AMENDMENT NO. 824 

On page 56, strike lines 10 through 13 and 

insert the following: 

‘‘(A)(i) had been exercised prior to May 15, 

1994, and was being implemented on May 15, 

1994, pursuant to a law, ordinance, regulation, or other legally binding provision of 

the State or political subdivision; or 

‘‘(ii) had been exercised prior to May 15, 

1994, but implementation of such law, ordinance, regulation, or other legally binding 

provi-’’. 

WELLSTONE AMENDMENTS NOS. 

825–826 

(Ordered to lie on the table.) 

Mr. WELLSTONE submitted two 

amendments intended to be proposed 

by him to the bill S. 534, supra; as follows: 

AMENDMENT NO. 825 

On page 56, strike lines 18 through 21 and 

insert in lieu thereof the following: ‘‘material is to be delivered, or the substantial construction of which facilities was performed 

after the effective date of that law, ordinance, regulation, or other legally binding 

provision, and 

(c)’’. 

AMENDMENT NO. 826 

On page 59, between lines 20 and 21, insert 

the following: 

‘‘(6) For the purposes of (1), ‘‘was being implemented on May 15, 1994’’ includes provisions that would have been in implementation on such date but for any court decision 

finding that such provisions unconstitutionally interfere with interstate commerce or 

but for the voluntary decision of a State or 

its political subdivision to suspend implementation because of the existence of such 

court decision or decisions.’’. 

SMITH AMENDMENTS NOS. 827–828 

(Ordered to lie on the table.) 

Mr. SMITH submitted two amendments intended to be proposed by him 

to the bill S. 534, supra; as follows: 

AMENDMENT NO. 827 

On page 67, strike the period and quotation 

mark at the end of line 2. 

On page 67, between lines 2 and 3, insert 

the following: 

‘‘(k) TITLE NOT APPLICABLE TO LISTED FACILITIES.—Notwithstanding any other provision of this title, the authority to exercise 

flow control shall not apply to any 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.’’. 

AMENDMENT NO. 828 

On page 60, strike lines 1 through 5 and insert the following: 

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

other legally binding provision specifically 

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

boundaries; and 

‘‘(ii) such authority was exercised prior to 

May 15, 1995, and was being implemented on 

May 15, 1994.’’. 

DOMENICI AMENDMENT NO. 829 

(Ordered to lie on the table.) 

Mr. DOMENICI submitted an amendment intended to be proposed by him 

to the bill S. 534, supra; as follows: 

On page 69, line 22, strike ‘‘‘‘.’’ On page 69, between lines 22 and 23, insert 

the following new provision: 

‘‘(5) FURTHER REVISIONS OF GUIDELINES AND

CRITERIA.—Not later than April 9, 1997, the 

Administrator shall promulgate revisions to 

the guidelines and criteria promulgated 

under this title to allow states to promulgate alternate design, operating, landfill gas 

and groundwater monitoring, financial assurance, and closure requirements for landfills which receive 20 tons or less of solid 

waste per day based on an annual average 

and are located in areas receiving 20 inches 

or less of annual precipitation, provided that 

such alternate requirements are sufficient to 

protect human health and the environment.’’. 

DEWINE AMENDMENTS NOS. 830–834 

(Ordered to lie on the table.) 

Mr. DEWINE submitted five amendments intended to be proposed by him 

to the bill S. 534, supra; as follows: 

AMENDMENT NO. 830 

On page 43, between lines 14 and 15, insert 

the following: 

‘‘(d) ADDITIONAL AUTHORITY TO LIMIT OUTOF-STATE MUNICIPAL SOLID WASTE BY IMPOSING A PERCENTAGE LIMITATION.—

‘‘(1) STATE LAW.—A State may by law provide that a State permit for a new landfill or 

incinerator shall include a percentage limitation on the total quantity of out-of-State 

municipal solid water that may be received 

at the landfill or incinerator. 

‘‘(2) REQUIREMENTS.—A percentage limitation imposed under paragraph (1)—

‘‘(A) shall be uniform for all landfills or incinerators for which a permit is required 

under State law; and 

‘‘(B) shall not discriminate against out-ofState municipal solid waste based on the 

State of origin unless the waste is received 

under an agreement entered into under section 1005(b) pursuant to which the State and 

1 or more other States (referred to in this 

subsection as an ‘exporting State’) have 

agreed on a different percentage limitation 

for specific facilities for municipal solid 

waste from any such exporting State. 

‘‘(3) MAJOR MODIFICATIONS.—This subsection shall apply to a permit (or permit 

amendment) for a major modification of a 

landfill or incinerator in the same manner as 

it applies to a permit for a new landfill or incinerator if the landfill or incinerator was 

not authorized to receive out-of-State municipal waste pursuant to a host community 

agreement prior to the date of enactment of 

this section. 

AMENDMENT NO. 831 

On page 42, line 19, after ‘‘Waste,’’ insert 

the following: ‘‘by requiring use of municipal 

solid waste management capacity under a 

host community agreement’’. 

AMENDMENT NO. 832 

On page 43, line 15, strike ‘‘(d)’’ and insert 

‘‘(e)’’. 

AMENDMENT NO. 833 

On page 46, line 16, strike ‘‘(e)’’ and insert 

‘‘(f)’’. 

AMENDMENT NO. 834 

On page 47, line 5, strike ‘‘(f)’’ and insert 

‘‘(g)’’. 

KEMPTHORNE AMENDMENTS NOS. 

835–848 

(Ordered to lie on the table.) 

Mr. KEMPTHORNE submitted 14 

amendments intended to be proposed 

by him to the bill S. 534, supra; as follows: 

AMENDMENT NO. 835 

On page 40, lines 19 and 20, after the word, 

‘‘site’’, strike the following: ‘‘and any violations of applicable laws or regulations’’. 

AMENDMENT NO. 836 

On page 39, line 8, strike the word, ‘‘June’’, 

and in lieu thereof insert the word, ‘‘September’’. 

AMENDMENT NO. 837 

On page 38, line 14, after the word, ‘‘received,’’ strike everything through the end 

of the sentence and in lieu thereof insert the 

following: ‘‘the State of origin and the date 

of shipment.’’. 

AMENDMENT NO. 838 

On page 33, line 11, strike the words, ‘‘immediately upon the date of enactment of this 

section,’’ and in lieu thereof insert the 

words, ‘‘beginning January 1, 1996.’’

AMENDMENT NO. 839 

On page 52, line 6, add the following new 

subsection: 

( ) APPLICATION.—The provisions of this 

section shall not apply to prohibit or limit 

receipt of out-of-State municipal solid waste 

at any landfill or incinerator that meets 

both of the following conditions: 

(A) The facility has been granted a permit 

under State law to receive municipal solid 

waste for combustion or disposal; and 

(B) The State or its political subdivision 

within which the facility is located has exercised any flow control authority provided 

under other provisions of this subtitle to 

prohibit or limit the receipt by the facility 

of municipal solid waste that is generated 

within the State or its political subdivision. 

AMENDMENT NO. 840 

On page 45, lines 15 and 16, after the word, 

‘‘tax’’, strike the words, ‘‘assessed against or 

voluntarily’’; on lines 16 and 17, after the 

word, ‘‘subdivision’’, insert the following: ‘‘, 

or to the extent that the amount of the surcharge is offset by voluntarily agreed payments to a State or its political subdivision’’. 

AMENDMENT NO. 841 

On page 52, line 3, after the word, ‘‘it’’, 

strike the words, ‘‘clearly and affirmatively 

states’’, and in lieu thereof insert the words, 

‘‘reasonably evidences’’. 

AMENDMENT NO. 842 

On page 45, line 19, after the number, 

‘‘3001’’, add the following words, ‘‘or waste 

regulated under the Toxic Substances and 

Control Act (15 U.S.C. 2601 et seq.)’’. 

mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS

May 11, 1995 CONGRESSIONAL RECORD— SENATE S6551 

AMENDMENT NO. 843 

On page 48, lines 22 and 23, after the word, 

‘‘additional’’, strike the word, ‘‘express’’ and 

in lieu thereof insert the word, ‘‘specific’’. 

AMENDMENT NO. 844 

On page 46, line 19, after the word, ‘‘contracts’’, insert the following: ‘‘, or to authorize, require, or result in the violation or failure to perform the terms of a written, legally binding contract entered into before 

enactment of this section’’. 

AMENDMENT NO. 845 

On page 44, line 44, line 8, strike the words, 

‘‘enactment of this section’’ and in lieu 

thereof insert the words, ‘‘adoption of a 

State law authorized by this subsection’’. 

AMENDMENT NO. 846 

On page 43, line 23, after the word, ‘‘on’’, 

strike the words, ‘‘or before’’. 

AMENDMENT NO. 847 

On page 36, line 21, add the following new 

sentence: ‘‘A limit or prohibition shall be 

treated as a violation of and inconsistent 

with a host community agreement or permit 

if the agreement or permit establishes a 

higher limit or does not establish any 

limit.’’. 

AMENDMENT NO. 848 

On page 35, line 5, after the word ‘‘agreements’’, insert the words, ‘‘or permits authorizing receipt of out-of-State municipal 

solid waste’’. 

LEVIN AMENDMENTS NOS. 849–858 

(Ordered to lie on the table.) 

Mr. LEVIN submitted 10 amendments 

intended to be proposed by him to the 

bill S. 534, supra; as follows: 

AMENDMENT NO. 849 

On page 49, line 3, after ‘‘of the State.’’

strike all that follows through line 8. 

AMENDMENT NO. 850 

On page 56, line 23, after ‘‘1994’’ insert ‘‘, or, 

(C) was used by the political subdivision to 

finance resource recovery or waste reduction 

programs.’’

AMENDMENT NO. 851 

On page 60, lines 7 and 8, strike ‘‘a waste 

management facility’’ and insert ‘‘1 or more 

waste management facilities’’. 

AMENDMENT NO. 852 

On page 53, lines 17 and 18 and insert ‘‘to 1 

or more designated waste management facilities or facilities for recyclable material’’. 

AMENDMENT NO. 853 

On page 63, line 24, strike ‘‘and’’ and insert 

‘‘or’’. 

AMENDMENT NO. 854 

On page 63, line 22, strike ‘‘significant’’. 

AMENDMENT NO. 855 

On page 63, line 11, strike ‘‘operation of 

solid waste facilities to serve the’’. 

AMENDMENT NO. 856 

On page 63, line 16, strike ‘‘30’’ and insert 

‘‘25’’. 

AMENDMENT NO. 857 

On page 56, line 18, after ‘‘delivered,’’ insert ‘‘or’’. 

AMENDMENT NO. 858 

On page 59, line 1, strike ‘‘1984’’ and insert 

‘‘1989’’. 

FEINSTEIN AMENDMENT NO. 859 

(Ordered to lie on the table.) 

Mrs. FEINSTEIN submitted an 

amendment intended to be proposed by 

her to the bill S. 534, supra; as follows: 

On page 64, line 3, insert the following as 

subsection (f) and reletter subsequent subsections accordingly: 

(f) Notwithstanding the provisions of this 

section, a political subdivision which, upon 

date of enactment of this section, is mandated by state law to divert 25 percent, by 

January 1, 1995, and 50 percent, by January 1, 

2000, of all solid waste generated within its 

jurisdiction from landfill and resource recovery facilities through source reduction, recycling, and composting activities, may enter 

into a contract, franchise or agreement with, 

or issue a license or permit to, a public or 

private entity by which the public or private 

entity is exclusively or nonexclusively authorized to provide a solid waste management activity. Such state or political subdivision may as a condition in such contract, 

agreement, license or permit, require the 

public or private entity to deliver the solid 

waste or voluntarily relinquished recyclable 

material to a waste management facility 

identified by the state or political subdivision in such contract, agreement, license or 

permit. Any such contract, franchise or 

agreement, regardless of its effective date, 

and any such license or permit, regardless of 

when issued, shall be considered to be a reasonable regulation of commerce and shall 

not be considered to be an undue burden on 

or to otherwise impair, restrain, or discriminate against interstate commerce. For purposes of this subsection, the term ‘‘solid 

waste’’ shall mean solid waste as defined 

under the law, in existence on the date of enactment of this subsection, of the state. 

DODD AMENDMENT NO. 860 

(Ordered to lie on the table.) 

Mr. DODD submitted an amendment 

intended to be proposed by him to the 

bill S. 534, supra; as follows: 

In the Committee substitute, on page 62, 

line 14, strike ‘‘and’’, and all that follows 

through line 3 on page 63, and insert the following: 

‘‘or 

‘‘(iii) entered into contracts with the operator of a solid waste facility selected by an 

operating committee composed of local political subdivisions created pursuant to state 

law to deliver or cause to be delivered to the 

facility 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 

on behalf of the operating committee for 

waste management facilities; 

‘‘(B) prior to May 15, 1994, the public service authority or operating committee composed of local political subdivisions created 

pursuant to state law—

‘‘(i) issued or had issued on its behalf, 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) or paragraph (1)(A)(iii) only 

until the expiration of the contract or the 

life of the bond, whichever is earlier. 

MURKOWSKI AMENDMENTS NO. 861 

AND 862 

Mr. CHAFEE (for Mr. MURKOWSKI) 

proposed two amendments to the bill S. 

534, supra; as follows: 

AMENDMENT NO. 861 

On page 19, line 19, before ‘‘would be infeasible’’ insert ‘‘or unit that is located in or 

near a small, remote Alaska village’’. 

AMENDMENT NO. 862 

On page , line , before ‘‘would be infeasible’’ insert ‘‘or unit that is located in or near 

a small, remote Alaska village’’. 

PRYOR AMENDMENT NO. 863 

(Order to lie on the table.) 

Mr. PRYOR submitted an amendment intended to be proposed by him 

to an amendment intended to be proposed by Mr. KEMPTHORNE to bill S. 534, 

supra; as follows: 

On page 64, between lines 2 and 3, insert 

the following: 

‘‘(f) INCLUSION OF CERTAIN ADDITIONAL

STATES AND POLITICAL SUBDIVISIONS.—Notwithstanding any other provision of this 

title, flow control authority granted under 

this title may be exercised by a State or political subdivision that, prior to May 15, 1994, 

adopted a flow control measure or measures, 

individually or collectively, that required 

the delivery of flow-controllable solid waste 

to a proposed or existing waste management 

facility. 

LEVIN (AND ABRAHAM) 

AMENDMENT NO. 864 

(Ordered to lie on the table.) 

Mr. LEVIN (for himself and Mr. 

ABRAHAM) submitted an amendment intended to be proposed by them to the 

bill S. 534, supra; as follows: 

On page 33, strike line 9 and all that follows through line 17, and insert the following: 

‘‘(a) RESTRICTION ON RECEIPT OF OUT-OFSTATE MUNICIPAL SOLID WASTE.—

‘‘(1) IN GENERAL.—

‘‘(A) AUTHORIZATION.—Effective 90 days 

after enactment, a landfill or incinerator in 

a State may not receive for disposal or incineration any out-of-State municipal solid 

waste unless the owner or operator of the 

landfill or incinerator obtains explicit authorization (as part of a host community 

agreement) from the affected local government to receive the waste. 

‘‘(B) REQUIREMENTS FOR AUTHORIZATION.—

An authorization under subparagraph (A) 

shall—

‘‘(i) be granted by formal action at a meeting; 

‘‘(ii) be recorded in writing in the official 

record of the meeting; and 

‘‘(iii) remain in effect according to its 

terms. 

‘‘(C) DISCRETIONARY TERMS AND CONDITIONS.—An authorization under subparagraph (A) may specify terms and conditions, 

including an amount of out-of-State waste 

that an owner or operator may receive and 

the duration of the authorization. 

‘‘(D) NOTIFICATION.—Promptly, but not 

later than 90 days after an authorization is 

granted, the affected local government shall 

notify the Governor, contiguous local governments, and any contiguous Indian tribes 

of an authorization under subparagraph (A). 

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S6552 CONGRESSIONAL RECORD— SENATE May 11, 1995 

‘‘(2) INFORMATION.—Prior to seeking an authorization to receive out-of-State municipal 

solid waste under paragraph (1), the owner or 

operator of the facility seeking the authorization shall provide (and make readily 

available to the Governor, each contiguous 

local government and Indian tribe, and any 

other interested person for inspection and 

copying) the following information: 

‘‘(A) A brief description of the facility, including, with respect to both the facility and 

any planned expansion of the facility, the 

size, ultimate waste capacity, and the anticipated monthly and yearly quantities of (expressed in terms of volume) waste to be handled. 

‘‘(B) A map of the facility site disclosing—

‘‘(i) the location of the site in relation to 

the local road system and topography and 

hydrogeological features; and 

‘‘(ii) any buffer zones or facility units to be 

acquired by the owner or operator. 

‘‘(C)(i) A description of the then-current 

environmental characteristics of the site and 

of ground water use in the area (including 

identification of private wells and public 

drinking water sources). 

‘‘(ii) A discussion of alterations that may 

be necessitated by, or occur as a result of, 

the facility. 

‘‘(D) A description of—

‘‘(i) environmental controls typically required to be used on the site (pursuant to 

permit requirements), including run-on and 

runoff management, air pollution control devices, source separation procedures (if any), 

methane monitoring and control, landfill 

covers, liners or leachate collection systems, 

and monitoring programs; and 

‘‘(ii) any waste residuals generated by the 

facility, including leachate or ash, and the 

planned management of the residuals. 

‘‘(E) A description of 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) Estimates of the personnel requirements of the facility, including information 

regarding the probable skill and education 

levels required for jobs at the facility, which, 

to the extent practicable, distinguishes between employment statistics for 

preoperational levels and those for 

postoperational levels. 

‘‘(H) Any information that is required by 

Federal or State law to be provided with respect to—

‘‘(i) any violations of environmental laws 

(including regulations) by the owner, the operator, or any subsidiary of the owner or operator; 

‘‘(ii) the disposition of enforcement proceedings taken with respect to the violations; and 

‘‘(iii) corrective action and rehabilitation 

measures taken as a result of the proceedings. 

‘‘(I) Any information that is required by 

Federal or State law to be provided with respect to gifts and contributions made by the 

owner or operator. 

‘‘(J) Any information that is required by 

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

with the State solid waste management plan. 

‘‘(3) NOTIFICATION.—Prior to taking formal 

action with respect to granting authorization to receive out-of-State municipal solid 

waste pursuant to this subsection, an affected local government shall—

‘‘(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 holding a hearing and again at least 15 

days before holding the hearing, unless State 

law provides for an alternate form of public 

notification; and 

‘‘(C) provide an opportunity for public 

comment in accordance with State law, including at least 1 public hearing. 

BREAUX AMENDMENTS NOS. 865–866 

(Ordered to lie on the table.) 

Mr. BREAUX submitted two amendments intended to be proposed by him 

to the bill S. 534, supra; as follows: 

AMENDMENT NO. 865 

At the appropriate place, insert the following: 

SEC. . STUDY OF INTERSTATE SLUDGE TRANSPORT. 

(a) DEFINITIONS.—In this section: 

(1) SEWAGE SLUDGE.—The term ‘‘sewage 

sludge’’—

(A) means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works; and 

(B) includes—

(i) domestic septage; 

(ii) scum or a solid removed in a primary, 

secondary, or advanced wastewater treatment process; and 

(iii) material derived from sewage sludge 

(as otherwise defined in this paragraph); but 

(C) does not include—

(i) ash generated during the firing of sewage sludge (as otherwise defined in this paragraph) in a sewage sludge incinerator; or 

(ii) grit or screenings generated during preliminary treatment of domestic sewage in a 

treatment works. 

(2) SLUDGE.—The term ‘‘sludge’’ has the 

meaning provided in section 1004 of the Solid 

Waste Disposal Act (42 U.S.C. 6903). 

(b) STUDY.—Not later than 3 years after the 

date of enactment of this Act, the Administrator of the Environmental Protection 

Agency shall conduct a study, and report to 

Congress on the results of the study, to determine—

(1) the quantity of sludge (including sewage sludge) that is being transported across 

State lines; and 

(2) the ultimate disposition of the transported sludge. 

AMENDMENT NO. 866 

At the appropriate place, insert the following: 

SEC. . STUDY OF INTERSTATE HAZARDOUS 

WASTE TRANSPORT. 

(a) DEFINITION OF HAZARDOUS WASTE.—In 

this section, the term ‘‘hazardous waste’’ has 

the meaning provided in section 1004 of the 

Solid Waste Disposal Act (42 U.S.C. 6903). 

(b) STUDY.—Not later than 3 years after the 

date of enactment of this Act, the Administrator of the Environmental Protection 

Agency shall conduct a study, and report to 

Congress on the results of the study, to determine—

(1) the quantity of hazardous waste that is 

being transported across State lines; and 

(2) the ultimate disposition of the transported waste. 

JEFFORDS (AND LEAHY) 

AMENDMENT NO. 867 

Mr. JEFFORDS proposed an amendment to the bill S. 534, supra; as follows: 

On page 64, between lines 2 and 3, insert 

the following: 

‘‘(f) STATE SOLID WASTE DISTRICT AUTHORITY.—A solid waste district 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—

‘‘(1) the solid waste district 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 by the year 2000, and 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) prior to May 15, 1994, the solid waste 

district—

‘‘(A) was responsible under State law for 

the management and regulation of the storage, collection, processing, and disposal of 

solid wastes within its jurisdiction; 

‘‘(B) was authorized by State statute (enacted prior to January 1, 1990) to exercise 

flow control authority, and subsequently 

adopted the authority through a law, ordinance, regulation, contract, franchise, or 

other legally binding provision; and 

‘‘(C) was required by State statute (enacted prior to January 1, 1992) to develop and 

implement a solid waste management plan 

consistent with the State solid waste management plan, and the district solid waste 

management plan was approved by the appropriate State agency prior to September 

15, 1994. 

MOYNIHAN AMENDMENT NO. 868 

Mr. CHAFEE (for Mr. MOYNIHAN) proposed an amendment to the bill S. 534, 

supra; as follows: 

On page 60, line 7, strike the word ‘‘a’’ and 

insert ‘‘the particular’’. 

On page 60, line 8, strike the word ‘‘facility’’ and insert in its place ‘‘facilities or public service authority’’. 

On page 60, line 15, strike the word ‘‘facility’’ and insert in its place ‘‘facilities or public service authority’’. 

CAMPBELL (AND OTHERS) 

AMENDMENT NO. 869 

Mr. CHAFEE (for Mr. CAMPBELL for 

himself, Mr. BROWN, and Mr. KEMPTHORNE) proposed an amendment to the 

bill S. 534, supra; as follows: 

On page 69, strike the quotation mark and 

period at the end of line 22. 

On page 69, between lines 22 and 23, insert 

the following: 

‘‘(5) NO-MIGRATION EXEMPTION.—

‘‘(A) IN GENERAL.—Ground water monitoring requirements may be suspended by 

the Director of an approved State for a landfill operator if the operator demonstrates 

that there is no potential for migration of 

hazardous constituents from the unit to the 

uppermost acquifer during the active life of 

the unit and the post-closure care period. 

‘‘(B) CERTIFICATION.—A demonstration 

under subparagraph (A) shall—

‘‘(i) be certified by a qualified groundwater 

scientists and approved by the Director of an 

approved State. 

‘‘(C) GUIDANCE.—

‘‘(i) IN GENERAL.—Not later than 6 months 

after the date of enactment of this paragraph, the Administrator shall issue a guidance document to facilitate small community use of the no migration exemption 

under this paragraph. 

DODD (AND LIEBERMAN) 

AMENDMENT NO. 870 

Mr. CHAFEE (for Mr. DODD, for himself and Mr. LIEBERMAN) proposed an 

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May 11, 1995 CONGRESSIONAL RECORD— SENATE S6553 

amendment to the bill S. 534, supra; as 

follows: 

On page 55, line 8, add 

‘‘(B) other body created pursuant to State 

law or’’, 

Redesignate ‘‘(B)’’ as ‘‘(C)’’. 

On page 62 line 1 insert after ‘‘authority’’, 

‘‘or on its behalf by a State entity’’. 

On page 62 line 17 insert after ‘‘bonds’’, ‘‘or 

had issued on its behalf by a State entity’’. 

On page 62 line 24 strike all through page 

63 line 3, and insert the following, ‘‘the authority under this subsection shall be exercised in accordance with section 4012(b)(4).’’. 

ROTH (AND BIDEN) AMENDMENT 

NO. 871 

Mr. CHAFEE (for Mr. ROTH, for himself and Mr. BIDEN) proposed an amendment to the bill S. 534, supra; as follows: 

On page 53, line 3, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 53, line 4, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 53, lines 7 and 8, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, or public service authority’’. 

On page 53, line 10, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 56, lines 1 and 2, strike ‘‘and each 

political subdivision of a State’’ and insert ‘‘, 

political subdivision of a State, and public 

Service authority’’. 

On page 56, line 12, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 57, line 4, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 57, line 7, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

On page 57, line 21, strike ‘‘or political subdivision’’ and insert ‘‘, political subdivision, 

or public service authority’’. 

BIDEN (AND ROTH) AMENDMENT 

NO. 872 

Mr. CHAFEE (for Mr. BIDEN for himself and Mr. ROTH) proposed an amendment to the bill S. 534, supra; as follows: 

On page 56, line 23, strike ‘‘1994.’’ and insert ‘‘1994, or were in operation prior to May 

15, 1994 and were temporarily inoperative on 

May 15, 1994,’’. 

SMITH (AND OTHERS) 

AMENDMENT NO. 873 

Mr. CHAFEE (for Mr. SMITH for himself, Mr. THOMAS, Mr. COHEN, Mrs. 

HUTCHISON, and Ms. SNOWE) proposed 

an amendment to the bill S. 534, supra; 

as follows: 

On page 56, lines 18 through 21, strike ‘‘the 

substantial construction of which facilities 

was performed after the effective date of 

that law, ordinance, regulation, or other legally binding provision and’’. 

On page 67, strike the period and quotation 

mark at the end of line 2. 

On page 67, between lines 2 and 3, insert 

the following: 

‘‘(k) TITLE NOT APPLICABLE TO LISTED FACILITIES.—Notwithstanding any other provision of this title, the authority to exercise 

flow control shall not apply to any 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.’’. 

SMITH (AND WELLSTONE) 

AMENDMENT NO. 874 

Mr. CHAFEE (for Mr. SMITH for himself and Mr. WELLSTONE) proposed an 

amendment to the bill S. 534, supra; as 

follows: 

On page 56, strike lines 10 through 13 and 

insert the following: 

‘‘(A)(i) had been exercised prior to May 15, 

1994, and was being implemented on May 15, 

1994, pursuant to a law, ordinance, regulation, or other legally binding provision of 

the State or political subdivision; or 

‘‘(ii) had been exercised prior to May 15, 

1994, but implementation of such law, ordinance, 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 existence of such court action. 

On page 60, strike lines 1 through 5 and insert the following: 

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

other legally binding provision specifically 

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

boundaries; and 

‘‘(ii) such authority was exercised prior to 

May 15, 1995, and was being implemented on 

May 15, 1994. 

SNOWE (AND COHEN) AMENDMENT 

NO. 875 

Mr. CHAFEE (for Ms. SNOWE for herself and Mr. COHEN) proposed an 

amendment to the bill S. 534, supra; as 

follows: 

On page 58, line 5, strike ‘‘original facility’’

and insert ‘‘facility (as in existence on the 

date of enactment of this section)’’. 

PRYOR AMENDMENT NO. 876 

Mr. CHAFEE for (Mr. PRYOR) proposed an amendment to the bill S. 534, 

supra; as follows: 

On page 61, between lines 7 and 8, insert 

the following: 

‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT DISTRICT TO PURCHASE AND OPERATE

EXISTING FACILITY.—Notwithstanding subsection (b)(1) (A) and (B), 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 prior to May 15, 1994; 

‘‘(2) prior to April 1, 1994, substantial negotiations and preparation of documents for 

the formation of the district and purchase of 

the facility were completed; 

‘‘(3) prior to May 15, 1994, at least 80 percent of the political subdivisions that were 

to participate in the solid waste management district had adopted ordinances committing the political subdivisions to participation and the remaining political subdivisions adopted such ordinances within 2 

months after that date; and 

‘‘(3) the financing was completed, the acquisition was made, and the facility was 

placed under operation by the solid waste 

management district by September 21, 1994. 

COHEN (AND SNOWE) AMENDMENT 

NO. 877 

Mr. CHAFEE (for Mr. COHEN for himself and Ms. SNOWE) proposed an 

amendment to the bill S. 534, supra; as 

follows: 

On page 55, between lines 10 and 11 insert 

the following: 

‘‘(5) PUT OR PAY AGREEMENT.—(1) The term 

‘put or pay agreement’ means an agreement 

that obligates or otherwise requires a State 

or political subdivision 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. 

‘‘(2) 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 which have entered 

put or pay agreements designating that 

waste management facility. 

‘‘(3) The entering into of a put or pay 

agreement shall be considered to be a designation (as defined in subsection (a)(1)) for 

all purposes of this title.

f 

’’

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON ARMED SERVICES

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the Committee on Armed Services be authorized to meet on Thursday, May 11, 1995, 

at 9:30 a.m. in open session to receive 

testimony on the national security implications of lowered export controls 

on dual-use technologies and U.S. defense capabilities. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FINANCE

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the Finance 

Committee be permitted to meet 

Thursday, May 11, 1995, beginning at 

9:30 a.m. in room SD–215, to conduct a 

hearing on Medicare solvency. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON RULES AND ADMINISTRATION

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the Committee on Rules and Administration be 

authorized to meet during the session 

of the Senate on Thursday, May 11, 

1995, at 9:30 a.m., to hold a hearing to 

receive testimony on the Smithsonian 

Institution: Management Guidelines 

for the Future. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON VETERANS’ AFFAIRS

Mr. CHAFEE. Mr. President, the 

Committee on Veterans’ Affairs would 

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