[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1052 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1052

  To authorize States to regulate the treatment, disposal, and other 
                      disposition of solid waste.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

     Ms. Danner (for herself, Mr. Lewis of Florida, and Mr. Wyden) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To authorize States to regulate the treatment, disposal, and other 
                      disposition of solid waste.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``States Solid Waste Regulatory 
Authority Act''.

SEC. 2. AUTHORITY TO REGULATE SOLID WASTE.

    (a) Authority.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding at the end the following new 
section:

``SEC. 4011. STATE AUTHORITY TO REGULATE SOLID WASTE.

    ``(a) Laws Regulating Treatment and Disposal.--
            ``(1) Fees.--
                    ``(A) Subject to the limitations described in this 
                paragraph, each State is authorized to enact and 
                enforce laws imposing and collecting fees in connection 
                with the treatment, disposal, or other disposition 
                within such State of solid waste generated in another 
                State.
                    ``(B) Beginning in calendar year 1994, any increase 
                in a fee described in subparagraph (A) may not exceed 
                an amount which is equal to the base amount multiplied 
                by the applicable percentage for such calendar year.
                    ``(C) The applicable percentage for calendar years, 
                beginning with calendar year 1994, shall be determined 
                in accordance with the following table:

                  
                                                         The applicable
                    ``In calendar year:
                                                         percentage is:
                            ``1994...................          50      
                            ``1995...................         100      
                            ``1996...................         150      
                            ``1997...................         200      
                            ``1998 and thereafter....   (Such amount as

                                                    the receiving State

                                                        may determine).
                    ``(D) For purposes of this paragraph, the term 
                `base amount' means the fee imposed by the State on 
                December 31, 1993, or, if no fee was imposed on 
                December 31, 1993, the fee first imposed by the State 
                after such date.
                    ``(E) In the case of any State that imposes a fee 
                after December 31, 1993, the table in subparagraph (C) 
                shall be applied--
                            ``(i) by substituting the first calendar 
                        year beginning after the calendar year in which 
                        such fee is imposed for 1994;
                            ``(ii) by substituting the second calendar 
                        year beginning after the calendar year in which 
                        such fee is imposed for 1995;
                            ``(iii) by substituting the third calendar 
                        year beginning after the calendar year in which 
                        such fee is imposed for 1996; and
                            ``(iv) by substituting the fourth calendar 
                        year beginning after the calendar year in which 
                        such fee is imposed for 1997.
                    ``(F) Notwithstanding any other provision of this 
                section, at any time the fee imposed by an exporting 
                State in connection with treatment, disposal, or other 
                disposition of solid waste exceeds the fee imposed by a 
                receiving State in connection with treatment, disposal, 
                or other disposition of solid waste, the receiving 
                State may impose and collect a fee in connection with 
                treatment, disposal, or other disposition of solid 
                waste received from an exporting State equal to that of 
                the fee imposed by the exporting State. For purposes of 
                this subparagraph, the term `exporting State' means a 
                State in which solid waste is generated and exported to 
                another State for treatment, disposal, or other 
                disposition, and the term `receiving State' means the 
                State which receives solid waste from another State for 
                treatment, disposal, or other disposition.
            ``(2) Bans on solid waste importation.--Each State is 
        authorized to enact and enforce laws imposing a ban on the 
        importation into such State of solid waste generated outside 
        such State if--
                    ``(A) the 5-year period beginning on the date of 
                enactment of this section has expired; and
                    ``(B) the State has an approved or effective solid 
                waste management plan meeting all of the requirements 
                of section 4003.
    ``(b) Definition.--As used in this section, the term `solid waste' 
has the meaning provided in section 1004(27) of this Act, except that 
such term does not include hazardous waste as defined under subtitle 
C.''.
    (b) Technical Amendment.--The table of contents for subtitle D of 
the Solid Waste Disposal Act (contained in section 1001) is amended by 
adding at the end the following new item:

``4011. State authority to regulate solid waste.''.

SEC. 3. STATE SOLID WASTE MANAGEMENT PLANS.

    (a) Additional Plan Requirements.--(1) Section 4003(a) of the Solid 
Waste Disposal Act (42 U.S.C. 6943(a)) is amended by striking out 
paragraph (6) and inserting in lieu thereof the following:
    ``(6) The plan shall provide that the State, directly or through 
regional or local planning units as may be established under section 
4002(a)(1), shall (A) identify the amount of solid wastes by waste type 
that are reasonably expected to be generated within the State or 
accepted from another State during the 10-year period following the 
date of the enactment of the States Solid Waste Regulatory Authority 
Act, (B) identify the amount of solid waste to be reduced during such 
10-year period through source reduction, recycling, and resource 
recovery, and (C) establish a process to assure the availability of 
solid waste treatment, storage, and disposal facilities, including 
resource recovery and recycling facilities, with capacity adequate to 
manage all such solid wastes in an environmentally sound manner. In 
establishing the process to assure the availability of adequate solid 
waste management capacity, the State shall take into account solid 
waste management compacts in effect on the date of enactment of the 
States Solid Waste Regulatory Authority Act that exist within the State 
and one or more States.
    ``(7) The plan shall require laws, regulations, and ordinances for 
development of new and expanded solid waste management facilities 
necessary to provide adequate capacity, as determined by the process 
established under paragraph (6), including the establishment of a 
process for the siting of such facilities and a schedule for the 
approval and construction of such facilities. To the extent any 
capacity is provided outside the planning unit, the State shall act to 
ensure such capacity is available and is identified in the plan. The 
plan shall reserve to the State authority to take such actions as may 
be necessary on behalf of a regional or local planning unit, including 
compacts with other States if appropriate, to assure the availability 
of such capacity when such planning unit has failed in a timely way to 
provide adequate capacity for waste volumes identified in the plan 
pursuant to paragraph (6).
    ``(8) The plan shall describe solid waste management practices and 
programs, based on the State's environmental and economic conditions, 
that promote source reduction and recycling. Such programs shall 
include public education campaigns, and the plan's description of such 
programs shall include, but not be limited to, the following areas:
            ``(A) Coordination among State and local officials, 
        including public education officials.
            ``(B) Course curriculum development for primary and 
        secondary schools regarding the benefits of and opportunities 
        to participate in source reduction and recycling programs.
            ``(C) Projects to inform all members of the public and 
        private sectors, including government agencies, institutions, 
        the industrial and business communities, and consumers, of the 
        benefits of and opportunities to participate in source 
        reduction and recycling programs.
    ``(9) The plan shall identify existing State and regional markets 
for recyclable materials and actions that the State will take to 
promote and develop recycling markets.
    ``(10) The plan shall provide for a program requiring that all 
solid waste management facilities register with the State and requiring 
that only registered facilities may manage solid waste identified in 
the plan. Such registration shall, at a minimum, include the name and 
address of the owner and operator of the facility, the address of the 
solid waste management facility, the type of solid waste management 
used at the facility, and the amounts of solid waste, by type and 
source, to be managed at the facility.
    ``(11) The plan shall provide for technical and financial 
assistance to local communities to meet the requirements of the plan.
    ``(12) The plan shall specify the conditions under which the State 
will authorize a person to accept solid waste from other States, for 
purposes of solid waste management other than transportation, and the 
conditions shall ensure that such waste is managed in accordance with 
the plan and that acceptance of such waste will not impede the ability 
of the State to manage solid waste generated within its borders.''.
    (2) Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 6943) 
is amended by striking out subsection (d) and inserting in lieu thereof 
the following:
    ``(d) Waste-To-Energy Facilities.--It is the intention of this Act 
and the planning process developed pursuant to this Act that 
determinations regarding the need for or size of waste-to-energy 
facilities for solid waste management shall not in any way interfere 
with the achievement, to the maximum extent possible, of the objectives 
and policies of this Act.
    ``(e) Additional Plan Provisions.--Any State plan submitted under 
this subtitle shall include provisions to carry out each of the 
following unless the State demonstrates, to the satisfaction of the 
Administrator, that the inclusion of such a provision is not 
practicable:
            ``(1) A policy requiring the State and political 
        subdivisions of the State to procure products made with 
        recyclable materials.
            ``(2) A program to encourage composting of yard waste, 
        agricultural waste, and other waste streams as appropriate.
            ``(3) A system for curbside pickup of recyclable materials 
        that have been separated at their source, or a system for 
        separation of recyclable materials at recycling facilities, or 
        both.
            ``(4)(A) A policy requiring--
                    ``(i) that recyclable materials in solid waste from 
                residences, commercial establishments, and office 
                buildings be separated, to the maximum extent 
                economically practicable, prior to treatment or 
                disposal in solid waste management facilities; and
                    ``(ii) the imposition of a surcharge on tipping 
                fees for any solid waste from commercial establishments 
                or office buildings that (I) is delivered to a 
                landfill, waste-to-energy facility, or waste treatment 
                facility, and (II) from which recyclable materials have 
                not been separated at their source.
            ``(B) In carrying out the policy of this paragraph, the 
        State shall include the following types of recyclable 
        materials; corrugated cardboard, office paper and paper 
        products, newspaper, glass, plastic materials and products, 
        ferrous and nonferrous metals, yard waste, and beverage 
        containers.''.
    (b) Plan Approval.--(1) Section 4006 of the Solid Waste Disposal 
Act (42 U.S.C. 6946) is amended by adding at the end the following:
    ``(d) Submission of Plans.--Not later than 6 months after the date 
of enactment of the States Solid Waste Regulatory Authority Act, each 
State shall, after consultation with interested parties and local 
governments, submit to the Administrator for approval a plan that 
complies with the requirements of section 4003(a).
    ``(e) Failure of the Administrator To Act on a State Plan.--If the 
Administrator fails to approve or disapprove a plan under section 
4007(a) within 6 months after a State plan has been submitted for 
approval, the State plan as submitted shall become effective at the 
expiration of 6 months after the date on which such plan was submitted. 
The plan shall remain in effect as submitted and subject to review by 
the Administrator and revision in accordance with section 4007(a).''.
    (2) Section 4007(a) of the Solid Waste Disposal Act (42 U.S.C. 
6947(a)) is amended in paragraph (1) and in paragraph (2)(A) by 
striking out ``and (5)'' and inserting in lieu thereof ``and (5) 
through (12)''.

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