Sam Gejdenson: “I rise in support of S. 534. I urge my colleagues to support it. The Supreme Court decision in the case of C&A Carbone…”

“I rise in support of S. 534. I urge my colleagues to support it. The Supreme Court decision in the case of C&A Carbone, Inc. versus Town of Clarkstown has significant implications for municipalities and taxpayers across the country. The case invalidated the use of flow control to manage solid waste generated within the borders of a community. The implications are far reaching because according to the Congressional Research Service [CRS], 41 States exercise flow control either through statute or other means. Many States have used flow control to ensure that municipal solid waste [MSW] is disposed of in accordance with several Federal laws and regulations. Flow control authority is especially important to communities across my State of Connecticut. Many small towns in eastern Connecticut have contracts with solid waste disposal facilities which require them to deliver a minimum amount of waste or face financial penalties, also known as put-or-pay requirements. Towns entered into these agreements because they believed that flow control ordinances, authorized under State law, would allow them to meet their contractual obligations. Without flow control, residents in communities such as Norwich, Vernon, Groton, Tolland, Westbrook, and many others will be forced to pay higher taxes to pay penalties for failing to deliver the minimum volume of waste.”