Statement of Senator Daniel Patrick Moynihan

The proper disposal of municipal solid waste (MSW) is an issue that should rightly concern us, and one that this committee has taken up several times in past years. In the 104 Congress, we - Committee members representing both importing and exporting states worked to pass S. 534. The bill permitted States to limit unwanted MSW imports while protecting contractual agreements between host communities, waste management companies, and exporting communities. By protecting host community agreements, S. 534 ensured that communities which agreed to receive MSW would not suffer adverse economic consequences as the result of any import cap.

As the committee again focuses on this issue, I feel that we should consider three policy areas. First, we should ensure that the shipment of MSW across state lines is environmentally safe and poses no danger on our roadways or waterways. Second, we should empower communities to resist the disposal of unsolicited MSW in those communities. Finally, we must respect the right of communities to enter and maintain host community agreements to receive MSW that is generated beyond city, county, or state lines. The escalating cost of constructing environmentally secure landfills (some cost more than $300,000 per acre to build) necessitates that Congress respect the right of communities to receive MSW to aid in the financing of modern landfills.

As the nation's largest exporter of MSW, New York State is committed to ensuring that waste generated within its boundaries is disposed of in a responsible manner. Both Governor Pataki and Mayor Giuliani have a policy of requiring host community agreements for the issuance of any contracts to dispose of MSW generated in New York City and State. None of the contracts that will be granted for the disposal of MSW which presently goes to Fresh Kills landfill in New York City will be made without firm host community agreements.

New York State is also engaged in talks with states that import large quantities of MSW to find agreement on how to ensure that the transport of MSW across state lines is as unobtrusive as possible. And finally, New York is working hard to reduce the amount of MSW it generates. Statewide, 42 percent of the waste stream is recycled -- one of the nation's highest rates.

While New York is aggressively pursuing means to limit the amount of MSW it generates, and the State continues to import MSW from neighboring states, New York will likely remain a net exporting state. As the committee considers potential restrictions on the volume of MSW any city, county, or state may export, I feel we should also review the disposal patterns of other forms of waste. In New York's case, we might be able to reduce the amount of hazardous waste which is transported across state lines for processing in the Empire State.