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[Congressional Record Volume 141, Number 79 (Friday, May 12, 1995)]
[Senate]
[Pages S6594-S6595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

         INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT

  The Senate continued with the consideration of the bill.

                           Amendment No. 1075

  Mr. CHAFEE. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Rhode Island [Mr. Chafee], for himself and 
     Mr. Baucus, proposes an amendment numbered 1075.

  Mr. CHAFEE. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       Delete from page 34, line 5 through page 35, line 2 and 
     replace with the following:
       ``(3)(A) Except as provided in paragraph (4), any State 
     that imported more than 750,000 tons of out-of-State 
     municipal solid waste in 1993 may establish a limit under 
     this paragraph on the amount of out-of-State municipal solid 
     waste received for disposal at landfills and incinerators in 
     the importing State as follows:
       ``(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 65 percent of the amount exported in 1993.
       ``(iv) No exporting State shall be required under this 
     subparagraph to reduce its exports to any importing State 
     below the proportionate amount established herein.''.
       On page 36, line 12, add ``and the Governor of the 
     importing State may only apply subparagraph (A) or (B) but 
     not both'' after ``facilities''.
       On page 38, line 2, after ``year'' insert ``, and the 
     amount of waste that was received pursuant to host community 
     agreements or permits authorizing receipt of out-of-State 
     municipal solid waste''.
       On page 38, line 3, delete ``July 1'' and insert ``May 1''.
       On page 38, delete from 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-of-State 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.''.
       On page 35, line 20, strike ``800,000'', replace with 
     ``750,000''.
       On page 35, line 22, strike ``600,000'', replace with 
     ``550,000''.
       On page 52, strike line 6, insert the following: ``sources 
     outside the State.
       ``(g) Implementation and Enforcement.--Any State may adopt 
     such laws and regulations, not inconsistent with this 
     section, as are necessary to implement and enforce this 
     section, including provisions for penalties.''.

  Mr. CHAFEE. Mr. President, this managers' amendment that I have sent 
to the desk is the result of laborious and lengthy negotiations 
involving the distinguished Senator from Indiana, who spent so much 
time in connection with this legislation, and the distinguished Senator 
from New York, and many other Senators who have an interest in this 
legislation.
  So I urge its adoption.
  Mr. BAUCUS. Mr. President, we have examined the amendment. It is my 
understanding that various Senators, particularly the Senator from 
Pennsylvania, as well as the delegation from Illinois, who had some 
questions in the last final moments, have now found their objections 
are no longer such as to prevent the Senate from passing this bill. 
They no longer have those objections.
  With those assurances, Mr. President, I urge the passage of the bill.
  I want to particularly thank the Senator from Indiana, Senator Coats. 
Senator Coats labored in the vineyards in this issue for years and 
years, and I highly commend him for his efforts to limit out-of-State 
garbage from coming into his State of Indiana. I also want to 
compliment the chairman of the committee.
  Last year, we almost passed this bill--within an eyelash of passing 
it. I compliment the chairman of the committee for helping make passage 
a virtual reality here today.
  Many other Senators worked very hard trying to get the right balance, 
basically, between those States who want to limit trash coming into 
their States and those States that still do export a lot of trash.
  Now, the exporting States, particularly New York and New Jersey, I 
think are to be commended for taking significant action to reduce the 
amount of exports to those States to put less pressure on importing 
States.
  Nevertheless, I think it is very important that the importing 
States--including my State of Montana--have the ability to say no to 
out-of-State trash. It is very important we have that.
  I compliment, again, the Senator from Indiana as well as the Senator 
from New York [Mr. D'Amato]. I urge the adoption of this amendment.
  Mr. COATS. Mr. President, the Senator from Montana commended me for 
laboring in the vineyards for so many years. It did not seem like I was 
in the vineyards--more like the town dump.
  I want to thank the chairman, Senator Chafee, for his work this year 
with me and with the coalition in fashioning this legislation, in 
particular this amendment that is being sent to the desk. It is the 
culmination of a lot of years, of a lot of work, by a lot of people.
  As the Senator from Montana said, it is critical that States that are 
unwilling recipients of out-of-State waste have a say as to whether or 
not they receive this waste.
  The Senator from Montana has worked tirelessly to help Members 
accomplish this effort. I would say to the Senator from Rhode Island, 
what a difference a year makes. We are here, together, working together 
on fashioning what I think is very appropriate legislation. I want to 
thank him, along with Senator Smith, Senator D'Amato, and others, for 
helping to put this amendment together. I urge its adoption.
  Mr. CHAFEE. Mr. President, again I would like to say that the reason 
we have this legislation is really because of the steady, persistent 
tenacity of the Senator from Indiana.
   [[Page S6595]] I can assure the world that everybody in Indiana 
should feel very, very grateful for the work that Senator Coats has 
done in connection with this legislation. I can also assert that when 
the definition of ``bulldog'' is given, there is no one the tenacity 
shown by a bulldog more appropriately fits than Senator Coats. He has 
pressed this issue to its fullest. I congratulate him.
  The PRESIDING OFFICER. The question is on agreeing to the amendment 
of the Senator from Rhode Island.
  So, the amendment (No. 1075) was agreed to.
  Mr. BAUCUS. I move to reconsider the vote.
  Mr. COATS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. CHAFEE. Mr. President, I would like to take this opportunity to 
thank the distinguished Senator from Montana for his patience and help 
in all these measures; not only this one we are dealing with right now, 
but the whole series of them. His suggestions have been excellent. I 
want to express my personal appreciation, but I know that everyone in 
the Senate is indebted to him for his hard work in seeing we get these 
agreements.

                           Amendment No. 1076

  Mr. CHAFEE. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Chafee], for Mr. 
     D'Amato, proposes an amendment numbered 1076.

  The amendment is as follows:

       Page 64, line 2, 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 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 countries where potable water supplies are derived 
     from sole source aquifers.

  Mr. BAUCUS. Mr. President, we examined this amendment and we urge its 
adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  So, the amendment (No. 1076) was agreed to.
  Mr. COATS. Mr. President, I move to reconsider the vote.
  Mr. CHAFEE. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                           Amendment No. 1077

  Mr. COATS. Mr. President, I send an amendment to the desk and ask for 
its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Indiana [Mr. Coats], proposes an amendment 
     numbered 1077.

  Mr. COATS. Mr. President, I ask unanimous consent further reading be 
dispensed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 52, between lines 10 and 11 insert the following:

     ``SEC. 102. NEEDS DETERMINATION.

       ``The Governor of a State may accept, deny or modify an 
     application for a municipal solid waste management facility 
     permit if--
       ``(1) it is done in a manner that is not inconsistent with 
     the provisions of this section;
       ``(2) a State law enacted in 1990 and a regulation adopted 
     by the governor in 1991 specifically requires the permit 
     applicant to demonstrate that there is a local or regional 
     need within the state for the facility; and
       ``(3) the permit applicant fails to demonstrate that there 
     is a local or regional need within the State for the 
     facility.''.

  Mr. CHAFEE. Mr. President, this amendment is thoroughly agreeable to 
the Members on this side.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  So, the amendment (No. 1077) was agreed to.
  Mr. CHAFEE. Mr. President, I move to reconsider the vote.
  Mr. COATS. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. CHAFEE. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. JOHNSTON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. JOHNSTON. Mr. President, I ask unanimous consent to be allowed to 
proceed for 5 minutes as if in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  

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