Lincoln Chafee: “We are here because of a Supreme Court decision a year ago, just a year ago, in the so-called Carbone case. So…”

“We are here because of a Supreme Court decision a year ago, just a year ago, in the so-called Carbone case. So currently, the law of the land is that there cannot be these restrictive agreements that limit the delivery of municipal solid waste to one specific point. In other words, there cannot be what is known as flow control. Now in our committee, we recognized that many communities across the States had made very, very substantial financial contributions or commitments to incinerators and to landfills, and they would be placed in a very difficult position if so-called flow control did not exist, if they were not able to tie up the entire waste from the community to go to a central point. But we said we are going to limit this. We are going to limit it to the situations where they have problems arising from debt commitment, from bonded indebtedness, or that they already had flow control on their books and were used to functioning in that fashion.”