[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2848 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2848

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

                             August 3, 1993

Mr. Sharp (for himself, Ms. Long, Mr. McCloskey, Mr. Jacobs, Mr. Myers 
  of Indiana, Mr. Visclosky, Mr. Hamilton, Mr. Burton of Indiana, Mr. 
 Roemer, Mr. Shuster, Mr. Clinger, Mr. Ridge, Mr. McHale, Mr. Holden, 
 Mr. Borski, Mr. Foglietta, Mr. Greenwood, Mr. Weldon, Mr. Klink, Mr. 
Gekas, Ms. Margolies-Mezvinsky, Mr. Blackwell, Mr. Regula, Ms. Kaptur, 
 Mr. Mann, Mr. Hobson, Mr. Portman, Mr. Applegate, Mr. Fingerhut, and 
 Mr. Dickey) 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 
Imports.--
            ``(1) Authority to prohibit.--(A) Except as provided in 
        subparagraph (B), 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.
            ``(B) The authority to prohibit disposal of out-of-State 
        municipal waste shall not apply to--
                    ``(i) landfills in operation on the date of 
                enactment of this section that--
                            ``(I) received during calendar year 1991 
                        documented shipments of out-of-State municipal 
                        waste; and
                            ``(II) are in compliance with all 
                        applicable Federal and State laws (including 
                        any Federal or 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;
                    ``(ii) proposed landfills that, prior to January 1, 
                1993, received--
                            ``(I) an approval from either the affected 
                        local government or the local solid waste 
                        planning unit to receive municipal waste 
                        generated outside the jurisdiction of the 
                        affected local government, the solid waste 
                        planning unit, or the State in which the 
                        landfill is located; and
                            ``(II) a notice of decision from the State 
                        to grant a construction permit; or
                    ``(iii) incinerators in operation on the date of 
                enactment of this section that--
                            ``(I) received, during calendar year 1991, 
                        documented shipments of out-of-State municipal 
                        waste;
                            ``(II) are in compliance with the 
                        applicable requirements of section 129 of the 
                        Clean Air Act (42 U.S.C. 7429); and
                            ``(III) are in compliance with all 
                        applicable Federal and State laws (including 
                        any Federal or State rule or regulation) 
                        relating to facility design, operations, and 
                        emissions.
            ``(2) Authority to limit.--Beginning with calendar year 
        1993, a Governor may--
                    ``(A) limit the quantity of out-of-State municipal 
                waste received for disposal at each landfill or 
                incinerator in the State to an annual quantity equal to 
                the quantity of out-of-State municipal waste received 
                for disposal at the landfill or incinerator during the 
                calendar year 1991 or 1992, whichever is less; and
                    ``(B) limit the disposal of out-of-State municipal 
                waste at each landfill or incinerator in the State that 
                received, during calendar year 1991 or 1992, 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 or 
                incinerator during the calendar year, by limiting the 
                quantity of out-of-State municipal waste received for 
                disposal at such landfill or incinerator to an annual 
                quantity not greater than 30 percent of all municipal 
                waste received at the landfill or incinerator during 
                calendar year 1991 or 1992, whichever is less;
                    ``(C) prohibit the disposal of out-of-State 
                municipal waste in landfills that do not meet all 
                applicable Federal and State laws (including any 
                Federal or 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; and
                    ``(D) prohibit the disposal of out-of-State 
                municipal waste in incinerators that do not meet all 
                applicable Federal and State laws (including any 
                Federal or State rule or regulation) relating to 
                facility design, operations, and emissions.
            ``(3) Authority to further limit.--Beginning with calendar 
        year 1997, a Governor may further limit the disposal of out-of-
        State municipal waste as provided in paragraph (2)(B) 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) Authority with respect to industrial waste.--A 
        Governor may exercise the authority provided in paragraphs (1), 
        (2), and (3) with respect to any industrial waste that is to be 
        disposed of at a landfill or incinerator that receives 
        municipal solid waste.
            ``(5) Applicability and discrimination provisions.--Any 
        limitation imposed by the Governor under paragraph (2)(A), 
        paragraph (2)(B), or paragraph (3)--
                    ``(A) shall be applicable throughout the State; and
                    ``(B) shall not discriminate against any shipments 
                of out-of-State municipal waste on the basis of State 
                of origin.
            ``(6) Determination of quantity of out-of-state municipal 
        waste received in states exercising authority.--(A) Any 
        Governor who intends to exercise the authority provided in this 
        subsection 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 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 and 
        incinerator in each State in which the Governor intends to 
        exercise the authority provided in this subsection.
    ``(b) Authority To Restrict In-State Municipal Waste Exports.--(1) 
Except as provided in paragraph (2), a Governor of a State may limit or 
prohibit the exportation outside the State of municipal waste generated 
in the State, in accordance with the comprehensive waste management 
plan of the affected local solid waste planning unit, or, if such a 
plan does not exist, in accordance with State law.
    ``(2) A Governor may not limit or prohibit the exportation of 
materials consisting solely of materials that have been separated from 
municipal waste for recycling.
    ``(c) Delegation of Authority to Local Governments.--A Governor may 
delegate authority provided by subsection (a) or (b), or both, to an 
affected local government or to a local solid waste planning unit, if a 
local solid waste planning unit exists under State law.
    ``(d) Designation of Affected Local Government.--Within 90 days 
after the date of the enactment of this section, the Governor shall 
designate which entity listed in subsection (e)(1) shall serve as the 
affected local government for actions taken under subsections (a) and 
(b). If the Governor fails to make a designation, the affected local 
government for actions taken under this section shall be the city, 
town, borough, county, parish, or other political subdivision created 
pursuant to State law with primary jurisdiction over the land or the 
use of the land on which the landfill or incinerator concerned is 
located.
    ``(e) Definitions.--For purposes of this section:
            ``(1) The term `affected local government' means the 
        elected officials of the city, town, borough, county, parish, 
        or other political subdivision in which a landfill or 
        incinerator 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) The term `out-of-State municipal waste' means, with 
        respect to a State, municipal waste generated outside of the 
        State. The term includes 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 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 
                (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 or industrial 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 of 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 medical waste that is segregated from or 
                not mixed with municipal waste; or
                    ``(G) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `industrial waste' means waste generated 
        from manufacturing or industrial processing operations that is 
        not identical to municipal waste with respect to the physical 
        and chemical state of the waste and the composition of the 
        waste. The term includes construction and demolition debris.''.

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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