Flow Control Act of 1994 Hearing Before the Subcommittee On Superfund Recycli

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Flow Control Act of 1994 Hearing Before the Subcommittee On Superfund Recycli
Zation20of20state20control20over20transportat
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Flow control should not be denied to these local governments simply on the basis that others must be punished or their actions curtailed because they erred in the way in which they provided for the dis- posal of municipal waste in their jurisdictions. Stated as simply as possible, munici- pal landfills or incinerators that exist by virtue of elevated tip fees protected by a local flow control ordinance do not provide a good reason for failing to grant to local governments the right to flow cont...rol their waste. Thus, in the wake of the Supreme Court's C&A Carbone v. Town of Clarkstown decision, the Environment and Public Works Committee, the Senate, and Congress should not fail to return to local gov- ernment, to counties and municipalities, the clear and unambiguous right to flow control their waste, particularly municipal waste, generated within their boundary. A new approach to municipal waste disposal has emerged in just the past few years, which, I believe, has provided, or will provide, to local governments (and to the waste disposal industry, if it is interested) an important alternative to landfill- ing or incineration.

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