[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1076 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1076

To amend the Solid Waste Disposal Act to permit Governors to limit the 
  disposal of out-of-State solid waste in their States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 23, 1993

 Mr. Wyden (for himself, Mr. Bereuter, Mr. Hamilton, Mr. Kopetski, Mr. 
  Wise, Mr. Kanjorski, Mr. Murphy, Mr. McCloskey, Mr. Fingerhut, Mrs. 
    Lloyd, Ms. Danner, Mr. Johnson of South Dakota, and Mr. Buyer) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to permit Governors to limit the 
  disposal of out-of-State solid waste in their States, and for other 
                               purposes.

    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 ``Interstate Transportation of 
Municipal Waste Act of 1993''.

SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
is amended by adding at the end the following new section:

             ``interstate transportation of municipal waste

    ``Sec. 4011. (a) Authority to Restrict Out-of-State Municipal 
Waste.--(1)(A) Except as provided in subsection (b), if requested in 
writing by both an affected local government and an affected local 
solid waste planning unit, if the local solid waste planning unit 
exists under State law, a Governor may prohibit the disposal of out-of-
State municipal waste in any landfill or incinerator that is subject to 
the jurisdiction of the Governor or the affected local government.
    ``(B) Prior to submitting a request under this section, the 
affected local government and solid waste planning unit shall--
            ``(i) provide notice and opportunity for public comment 
        concerning any proposed request; and
            ``(ii) following notice and comment, take formal action on 
        any proposed request at a public meeting.
    ``(2) Beginning with calendar year 1993, a Governor of a State may, 
with respect to landfills covered by the exceptions provided in 
subsection (b)--
            ``(A) notwithstanding the absence of a request in writing 
        by the affected local government and the affected local solid 
        waste planning unit, if any,--
                    ``(i) limit the quantity of out-of-State municipal 
                waste received for disposal at each landfill in the 
                State to an annual quantity equal to the quantity of 
                out-of-State municipal waste received for disposal at 
                the landfill during the calendar year 1991 or 1992, 
                whichever is less; and
                    ``(ii) limit the disposal of out-of-State municipal 
                waste at landfills that received, during calendar year 
                1991, documented shipments of more than 50,000 tons of 
                out-of-State municipal waste representing more than 30 
                percent of all municipal waste received at the landfill 
                during the calendar year, by prohibiting at each such 
                landfill the disposal, in any year, of a quantity of 
                out-of-State municipal waste that is greater than 30 
                percent of all municipal waste received at the landfill 
                during calendar year 1991; and
            ``(B) if requested in writing by the affected local 
        government and the affected local solid waste planning unit, if 
        any, prohibit the disposal of out-of-State municipal waste in 
        landfill cells that do not meet the design and location 
        standards and leachate collection and ground water monitoring 
        requirements of State law and regulations in effect on January 
        1, 1993, for new landfills.
    ``(3) In addition to the authorities provided in paragraph (1)(A), 
beginning with calendar year 1997, a Governor of any State, if 
requested in writing by the affected local government and the affected 
local solid waste planning unit, if any, may further limit the disposal 
of out-of-State municipal waste as provided in paragraph (2)(A)(ii) by 
reducing the 30 percent annual quantity limitation to 20 percent in 
each of calendar years 1998 and 1999, and to 10 percent in each 
succeeding calendar year.
    ``(4)(A) Any limitation imposed by the Governor under paragraph 
(2)(A)--
            ``(i) shall be applicable throughout the State;
            ``(ii) shall not discriminate against any particular 
        landfill within the State; and
            ``(iii) shall not discriminate against any shipments of 
        out-of-State municipal waste on the basis of State of origin.
    ``(B) In responding to requests by affected local governments under 
paragraphs (1)(A) and (2)(B), the Governor shall respond in a manner 
that does not discriminate against any particular landfill within the 
State and does not discriminate against any shipments of out-of-State 
municipal waste on the basis of State of origin.
    ``(5)(A) Any Governor who intends to exercise the authority 
provided in this paragraph shall, within 120 days after the date of 
enactment of this section, submit to the Administrator information 
documenting the quantity of out-of-State municipal waste received for 
disposal in the State of the Governor during calendar years 1991 and 
1992.
    ``(B) On receipt of the information submitted pursuant to 
subparagraph (A), the Administrator shall notify the Governor of each 
State and the public and shall provide a comment period of not less 
than 30 days.
    ``(C) Not later than 60 days after receipt of information from a 
Governor under subparagraph (A), the Administrator shall determine the 
quantity of out-of-State municipal waste that was received at each 
landfill covered by the exceptions provided in subsection (b) for 
disposal in the State of the Governor during calendar years 1991 and 
1992, and provide notice of the determination to the Governor of each 
State. A determination by the Administrator under this subparagraph 
shall be final and not subject to judicial review.
    ``(D) Not later than 180 days after the date of enactment of this 
section, the Administrator shall publish a list of the quantity of out-
of-State municipal waste that was received during calendar years 1991 
and 1992 at each landfill covered by the exceptions provided in 
subsection (b) for disposal in each State in which the Governor intends 
to exercise the authority provided in this paragraph, as determined in 
accordance with subparagraph (C).
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Waste.--The authority to prohibit the disposal of out-of-State 
municipal waste provided under subsection (a)(1) shall not apply to--
            ``(1) landfills in operation on the date of enactment of 
        this section that--
                    ``(A) received during calendar year 1991 documented 
                shipments of out-of-State municipal waste; and
                    ``(B) are in compliance with all applicable State 
                laws (including any State rule or regulation) relating 
                to design and location standards, leachate collection, 
                ground water monitoring, and financial assurance for 
                closure and post-closure and corrective action;
            ``(2) proposed landfills that, prior to January 1, 1993, 
        received--
                    ``(A) an approval from the affected local 
                government to receive municipal waste generated outside 
                the county or the State in which the landfill is 
                located; and
                    ``(B) a notice of decision from the State to grant 
                a construction permit; or
            ``(3) incinerators in operation on the date of enactment of 
        this section that--
                    ``(A) received, during calendar year 1991, 
                documented shipments of out-of-State municipal waste;
                    ``(B) are in compliance with the applicable 
                requirements of section 129 of the Clean Air Act (42 
                U.S.C. 7429); and
                    ``(C) are in compliance with all applicable State 
                laws (including any State rule or regulation) relating 
                to facility design and operations.
    ``(c) Cost Recovery Surcharge Authority.--(1) A State may impose 
and collect a fee (hereinafter in this subsection referred to as a 
`cost recovery surcharge') on the combustion or disposal in a landfill, 
incinerator, or other waste disposal facility of out-of-State municipal 
waste in such State. Such cost recovery surcharge may be different from 
a fee or charge imposed by the State on solid waste which is generated 
in such State.
    ``(2) With respect to a cost recovery surcharge imposed by a State 
pursuant to the authority provided by paragraph (1) on waste generated 
outside the State--
            ``(A) during the period beginning on the date of the 
        enactment of this section and ending on December 31, 1993, the 
        amount of such surcharge may not exceed $3 per ton of such 
        waste; and
            ``(B) during each 12-month period thereafter, the amount of 
        such surcharge may not exceed the amount charged during the 
        preceding 12-month period, increased by the percentage, if any, 
        by which the Consumer Price Index for the calendar year ending 
        during such 12-month period exceeds the Consumer Price Index 
        for the calendar year 1990.
    ``(3) For purposes of paragraph (2)(B):
            ``(A) The Consumer Price index for any calendar year is the 
        average of the Consumer Price Index for all urban consumers 
        published by the Department of Labor, as of the close of the 
        12-month period ending on August 31 of each calendar year. The 
        revision of the Consumer Price Index which is most consistent 
        with the Consumer Price Index for calendar year 1990 shall be 
        used.
            ``(B) The Administrator shall publish the maximum amount of 
        the cost recovery surcharge for the next 12-month period by 
        March 1 of each year.
    ``(d) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', with respect 
        to a landfill or incinerator, means the elected officials of 
        the city, town, borough, county, or parish in which the 
        facility is located.
            ``(B) Within 90 days after the date of the enactment of 
        this section, the Governor shall designate which entity listed 
        in subparagraph (A) shall serve as the affected local 
        government for actions taken under this section. If the 
        Governor fails to make a designation, the affected local 
        government shall be the city, town, borough, county, parish, or 
        other public body created pursuant to State law with primary 
        jurisdiction over the land or the use of land on which the 
        facility is located.
            ``(2) The term `affected local solid waste planning unit' 
        means a political subdivision of a State with authority 
        relating to solid waste management planning in accordance with 
        State law.
            ``(3) With respect to a State, the term `out-of-State 
        municipal waste' means municipal waste generated outside of the 
        State. To the extent that it is consistent with the United 
        States-Canada Free Trade Agreement and the General Agreement on 
        Tariffs and Trade, the term shall include municipal waste 
        generated outside of the United States.
            ``(4) The term `municipal waste' means refuse (and refuse-
        derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial source 
        (or any combination thereof), consisting of paper, wood, yard 
        wastes, plastics, leather, rubber, or other combustible or 
        noncombustible materials such as metal or glass (or any 
        combination thereof). The term `municipal waste' does not 
        include--
                    ``(A) any solid waste identified or listed as a 
                hazardous waste under section 3001;
                    ``(B) any solid waste, including contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9604 or 9606) or a corrective action 
                taken under this Act;
                    ``(C) any metal, pipe, glass, plastic, paper, 
                textile, or other material that has been separated or 
                diverted from municipal waste and has been transported 
                into the State for the purpose of recycling or 
                reclamation;
                    ``(D) any solid waste that is--
                            ``(i) generated by an industrial facility; 
                        and
                            ``(ii) transported for the purpose of 
                        treatment, storage, or disposal to a facility 
                        that is owned or operated by the generator of 
                        the waste, or is located on property owned by 
                        the generator or a company with which the 
                        generator is affiliated;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal waste with respect to the physical and 
                chemical state of the industrial waste, and 
                composition, including construction and demolition 
                debris;
                    ``(G) any medical waste that is segregated from or 
                not mixed with municipal waste; or
                    ``(H) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.''.

SEC. 3. TABLE OF CONTENTS AMENDMENT.

    The table of contents of the Solid Waste Disposal Act is amended by 
adding at the end of the items relating to subtitle D the following new 
item:

``Sec. 4011. Interstate transportation of municipal waste.''.

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