```

[Congressional Record Volume 141, Number 78 (Thursday, May 11, 1995)]
[Senate]
[Pages S6563-S6565]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

         INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE ACT

  Mr. CHAFEE. Mr. President, I ask unanimous consent that the Senate 
resume the pending business.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 534) to amend the Solid Waste Disposal Act to 
     provide authority for States to limit the interstate 
     transportation of municipal solid waste, and for other 
     purposes.

  The Senate continued with the consideration of the bill.
  Mr. FORD. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CHAFEE. 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the quorum call be rescinded.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. WARNER. Mr. President, I would like to seek the chairman's 
clarification of the relationship between the flow-control provisions 
of S. 534 and existing State law. Section 4012(i)(2) of the bill before 
the Senate states that ``[n]othing in the section shall be construed to 
authorize a political subdivision of a State to exercise flow control 
authority granted by this section in a manner that is inconsistent with 
State law.''
  Am I correct that this language would restrict a local government 
from exercising flow control if an existing State statute does not 
grant such authority to a local government, such as section 15.1-28.01 
of the Code of Virginia (1950), as amended?
  Mr. ROBB. I share the concerns of my senior colleague. In Virginia, 
local governments and private industry have worked over the years to 
develop a fair compromise to provide for an effective integrated waste 
management system. It is not our intention to have this legislation 
interfere with that balance.
  Mr. SMITH. The Senators from Virginia are correct. This legislation 
is not intended to expand a local government's flow-control authority 
beyond that permitted under existing State law.
  Mr. CHAFEE. Mr. President, I have a series of amendments that have 
been agreed to. I will send them to the desk successively.

                           Amendment No. 861

  (Purpose: To allow exemption from certain requirements of units in 
                     small, remote Alaska villages)

  Mr. CHAFEE. The first is an amendment by Senator Murkowski. I send 
the amendment to the desk and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Chafee], for Mr. 
     Murkowski, proposes an amendment numbered 861.

  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:

       On page 69, line 19, before ``would be infeasible'' insert 
     ``or unit that is located in or near a small, remote Alaska 
     village''.

  Mr. BAUCUS. Mr. President, we have examined this amendment and we 
have no objection to it.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 861) was agreed to.

                           Amendment No. 868

  Mr. CHAFEE. Mr. President, I send an amendment to the desk and ask 
for its immediate consideration. This amendment is proposed by Senator 
Moynihan.
  The amendment has the agreement of both sides.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Chafee], for Mr. 
     Moynihan, proposes an amendment numbered 868.

  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:

[[Page S6564]]

       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''.

  Mr. BAUCUS. Mr. President, this amendment has been examined on this 
side and we are in agreement with it.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
868.
  The amendment (No. 868) was agreed to.

                           Amendment No. 869

(Purpose: To authorize the administrator to exempt a landfill operator 
  from ground water monitoring requirements in circumstances in which 
           there is no chance of ground water contamination)

  Mr. CHAFEE. Mr. President, I send to the desk an amendment on behalf 
of Senator Campbell, cosponsored by Senators Brown, and Kempthorne, and 
ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Chafee], for Mr. 
     Campbell, for himself, Mr. Brown, and Mr. Kempthorne, 
     proposes an amendment numbered 869.

  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:

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

  Mr. BAUCUS. Mr. President, I have examined the amendment and it is 
acceptable.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
869.
  The amendment (No. 869) was agreed to.

                           Amendment No. 870

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

       The Senator from Rhode Island [Mr. Chafee], for Mr. Dodd, 
     for himself, and Mr. Lieberman, proposes an amendment 
     numbered 870.

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

  Mr. BAUCUS. Mr. President, I ask the clerk, is this the amendment 
that begins ``On page 55, line 8 add''?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. BAUCUS. I have examined the amendment and find it acceptable.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 870) was agreed to.
  Mr. BAUCUS. Mr. President, I ask unanimous consent that Senator 
Lieberman be added as an original cosponsor to the Dodd amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                           Amendment No. 871

  (Purpose: To make clear that flow control authority is provided to 
  public service authorities and modify the condition for exercise of 
                        flow control authority)

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

       The Senator from Rhode Island [Mr. Chafee], for Mr. Roth, 
     for himself and Mr. Biden, proposes an amendment numbered 
     871.

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

  Mr. BAUCUS. Mr. President, I also have examined this amendment and 
find it acceptable.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 871) was agreed to.

                           Amendment No. 872

    (Purpose: To modify the condition for exercise of flow control 
                               authority)

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

       The Senator from Rhode Island [Mr. Chafee], for Mr. Biden, 
     for himself and Mr. Roth, proposes an amendment numbered 872.

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

  Mr. BAUCUS. Mr. President, we find this amendment acceptable.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
872.
  The amendment (No. 872) was agreed to.

                           Amendment No. 873

 (Purpose: To protect communities that enacted flow control ordinances 
 after substantial construction of facilities but before May 15, 1994)

  Mr. CHAFEE. Mr. President, on behalf of Senators Smith, Thompson and 
Cohen, I send to the desk an amendment and ask for its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Chafee], for Mr. Smith, 
     for himself, Mr. Thompson and Mr. Cohen, proposes an 
     amendment numbered 873.

  Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is 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.
       One page 67, between lines 2 and 3, insert the following:
       [[Page S6565]] ``(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.''.

  Mr. BAUCUS. We find this amendment acceptable.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 873) was agreed to.

                           Amendment No. 874

    (Purpose: To modify the conditions on exercise of flow control 
                               authority)

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

       The Senator from Rhode Island [Mr. Chafee], for Mr. Smith, 
     for himself and Mr. Wellstone, proposes an amendment numbered 
     874.

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

  Mr. BAUCUS. Mr. President, we accept the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 874) was agreed to.

                           Amendment No. 875

   (Purpose: To clarify the intent of the provision relating to the 
                  duration of flow control authority)

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

       The Senator from Rhode Island [Mr. Chafee], for Ms. Snowe, 
     for herself and Mr. Cohen, proposes an amendment numbered 
     875.

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

       On page 58, line 5, strike ``original facility'' and insert 
     ``facility (as in existence on the date of enactment of this 
     section)''.

  Mr. BAUCUS. Mr. President, is this the amendment which begins ``On 
page 58, line 5, strike `original facility''' ?
  The PRESIDING OFFICER. The Senator is correct.
  Mr. BAUCUS. I thank the Chair. We accept this amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 875) was agreed to.

                           Amendment No. 876

   (Purpose: To provide for the case of a formation of a solid waste 
   management district for the purchase and operation of an existing 
                               facility)

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

       The Senator from Rhode Island [Mr. Chafee], for Mr. Pryor, 
     proposes an amendment numbered 876.

  Mr. CHAFEE. Mr. President, I ask unanimous consent that the reading 
of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is 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
       ``(4) 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.

  Mr. BAUCUS. Mr. President, I urge the adoption of the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 876) was agreed to.

                           Amendment No. 877

   (Purpose: To make clear that entering into a put or pay agreement 
    satisfies the requirement of a legally binding provision and a 
                       designation of a facility)

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

       The Senator from Rhode Island [Mr. Chafee], for Mr. Cohen, 
     for himself and Ms. Snowe, proposes an amendment numbered 
     877.

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

       On page 55, between lines 10 and 11 insert the following:
       ``(5) Put or pay agreement.--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.''

  Mr. BAUCUS. Mr. President, I have examined it and agreed with it.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 877) was agreed to.

                          ____________________
```