[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4073 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4073

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 1994

 Mr. Greenwood (for himself, Mr. Clinger, Mr. Murtha, Mr. McDade , Mr. 
 Holden, Mr. Walker, Mr. Gekas, Mr. Murphy, Mr. Ridge, Mr. Klink, Mr. 
Santorum, Mr. Kanjorski, Mr. McHale, Mr. Shuster, Mr. Goodling, and Ms. 
Margolies-Mezvinsky) 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 States and counties to 
limit the disposal of out-of-State solid waste, 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 Municipal Solid Waste 
Control Act''.

SEC. 2. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID WASTE.

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

``SEC. 4011. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID WASTE.

    ``(a) Authority To Limit Quantity in Existing Facilities.--
            ``(1) Limit based on prior years.--The Governor of a State 
        may limit the quantity of out-of-State municipal solid 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 solid waste received for disposal at the 
        landfill or incinerator during the calendar year 1990, 1991, or 
        1992, whichever is less.
            ``(2) 30 percent limit.--The Governor of a State may limit 
        the quantity of out-of-State municipal solid waste received for 
        disposal at a landfill or incinerator in the State to an annual 
        quantity not greater than 30 percent of all municipal solid 
        waste received at that landfill or incinerator during calendar 
        year 1990, 1991, or 1992, whichever is less, if, during 
        calendar year 1990, 1991, or 1992, that landfill or incinerator 
        received documented shipments of more than 50,000 tons of out-
        of-State municipal solid waste representing more than 30 
        percent of all municipal solid waste received at the landfill 
        or incinerator during the calendar year concerned.
            ``(3) Authority to further limit.--Beginning with calendar 
        year 1995, the Governor of a State may limit the disposal of 
        out-of-State municipal solid waste at landfills or incinerators 
        in the State by reducing the 30 percent annual quantity 
        limitation in paragraph (2) to 20 percent in each of calendar 
        years 1996 and 1997, and to 10 percent in each succeeding 
        calendar year.
    ``(b) Authority To Prohibit Out-of-State Municipal Solid Waste 
Disposal at Certain Landfills and Incinerators.--
            ``(1) New landfills and incinerators.--The Governor of a 
        State may prohibit the disposal of out-of-State municipal solid 
        waste in any new landfill or new incinerator in the State.
            ``(2) Landfills not complying with certain laws.--The 
        Governor of a State may prohibit the disposal of out-of-State 
        municipal solid waste in any landfill that does 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.
            ``(3) Incinerators not complying with certain laws.--The 
        Governor of a State may prohibit the disposal of out-of-State 
        municipal solid waste in any incinerator that does not comply 
        with section 129 of the Clean Air Act (42 U.S.C. 7429) and meet 
        all applicable Federal and State laws (including any Federal or 
        State rule or regulation) relating to facility design, 
        operations, and emissions.
    ``(c) Industrial Solid Waste Disposed of at Certain Landfills or 
Incinerators.--A Governor may treat any out-of-State industrial solid 
waste as out-of-State municipal solid waste for purposes of this 
section if it is disposed of at a landfill or incinerator that receives 
municipal solid waste.
    ``(d) Authority of Counties.--The government of any county may 
exercise within the county the same authority as that provided to the 
Governor under subsections (a), (b), and (c) with respect to out-of-
State municipal or industrial solid waste, except that in applying 
subsection (a)(2) in the case of a county, the reference to 30 percent 
shall be treated as a reference to 20 percent. In any case in which 
both a county and the State in which such county is located have acted 
to establish prohibitions or limitations, or both, under subsection 
(a), (b), or (c), or any combination thereof, the most restrictive of 
such prohibitions or limitations shall govern in that county.
    ``(e) Applicability and Discrimination Provisions.--Any limitation 
imposed by a Governor under subsection (a)(1), (b), or (c) shall be 
applicable throughout the State and shall not discriminate against any 
shipments of out-of-State solid waste on the basis of State of origin. 
Any limitation imposed by a county under subsection (d) shall be 
applicable throughout the county and shall not discriminate against any 
shipments of out-of-State solid waste on the basis of State of origin.
    ``(f) Determination of Quantity.--(1) Any Governor who intends to 
exercise the authority provided in subsection (a) shall, within 150 
days after the effective date of this section, submit to the 
Administrator information documenting the quantity of out-of-State 
municipal solid waste received for disposal at each landfill and 
incinerator in the State during calendar years 1990, 1991 and 1992. Any 
county which intends to exercise the authority provided in subsection 
(d) shall, within 120 days after the effective date of this section, 
submit to the Governor information documenting the quantity of out-of-
State municipal solid waste received for disposal at each landfill and 
incinerator in the county during calendar years 1990, 1991, and 1992, 
and the Governor shall transmit such information to the Administrator.
    ``(2) On receipt of the information submitted pursuant to paragraph 
(1), the Administrator shall notify the Governor of each State and the 
public and shall provide a comment period of not less than 30 days.
    ``(3) Not later than 210 days after the effective date of this 
section, the Administrator shall publish a list of the quantity of out-
of-State municipal solid waste that was received during calendar years 
1990, 1991 and 1992, at each landfill and incinerator in each State in 
which the Governor intends to exercise the authority provided in 
subsection (a) and at each landfill and incinerator in each county 
which intends to exercise the authority provided in subsection (d).
    ``(g) Authority To Restrict In-State Municipal Solid 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 solid 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 solid waste for recycling.
    ``(h) Reporting Requirements.--The Governor of each State 
exercising any authority under subsection (a), (b) or (c) shall submit 
a report to the Administrator not less frequently than annually 
documenting the quantities of out-of-State municipal and industrial 
solid waste disposed of in landfills and incinerators in that State 
which accept municipal solid waste. Each county exercising any 
authority under subsection (d) shall submit a report to the State not 
less frequently than annually documenting the quantities of out-of-
State municipal and industrial solid waste disposed of in landfills and 
incinerators in that county which accept municipal solid waste, and the 
State shall submit such report to the Administrator. Each such report 
shall specify the percentage of the total amount of solid waste 
disposed of in each such landfill and incinerator that is comprised of 
such out-of-State municipal and industrial solid waste.
    ``(i) Exemptions.--The provisions of this section shall not apply 
to the following:
            ``(1) Material to be recycled, reclaimed, or reused.--Any 
        metal, pipe, glass, plastic, paper, textile, or other material 
        that has been separated or diverted from municipal solid waste 
        and has been transported into the State for the purpose of 
        recycling or reclamation and any material or product returned 
        from a dispenser or distributor to the manufacturer for credit, 
        evaluation, or possible reuse. This paragraph shall not apply 
        to any material disposed of in a landfill or incinerator.
            ``(2) Internal disposal.--Any solid waste that is generated 
        by an industrial facility and 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 any affiliated person.
            ``(3) Air transportation waste.--Any solid waste generated 
        incident to the provision of service in interstate, intrastate, 
        foreign, or overseas air transportation.
    ``(j) Definitions.--For purposes of this section:
            ``(1) New landfill.--The term `new landfill' means any 
        landfill or portion thereof other than an existing landfill.
            ``(2) Existing landfill.--The term `existing landfill' 
        means either of the following:
                    ``(A) A landfill or portion thereof authorized to 
                receive waste under a permit under State law was issued 
                before the enactment of this section; and which 
                received shipments of out-of-State municipal solid 
                waste during calendar year 1990, 1991, or 1992.
                    ``(B) A proposed landfill or portion thereof that, 
                prior to January 1, 1993, received both of the 
                following:
                            ``(i) An approval from either the affected 
                        local government or the local solid waste 
                        planning unit to receive municipal solid waste 
                        generated outside the jurisdiction of the 
                        affected local government, the solid waste 
                        planning unit, or the State in which the 
                        landfill is located.
                            ``(ii) A notice of decision from the State 
                        to grant a construction permit.
            ``(3) New incinerator.--The term `new incinerator' means 
        any incinerator other than an existing incinerator.
            ``(4) Existing incinerator.--The term `existing 
        incinerator' means an incinerator in operation on the date of 
        enactment of this section that received, during calendar year 
        1990, 1991, or 1992 documented shipments of out-of-State 
        municipal solid waste.
            ``(5) Out-of-state waste.--The term `out-of-State waste' 
        means, with respect to a State, waste generated outside of the 
        State. With respect to a county, such term means waste 
        generated outside of the State in which such county is located. 
        Such term includes waste generated outside of the United 
        States.
            ``(6) Municipal solid waste.--The term `municipal solid 
        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 any of the following:
                    ``(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 medical waste that is segregated from or 
                not mixed with municipal solid waste.
            ``(7) Industrial solid waste.--The term `industrial solid 
        waste' means solid waste generated from manufacturing or 
        industrial processing operations that is not identical to 
        municipal solid 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.
            ``(8) Affiliated person.--The term `affiliated person' 
        means, with respect to the generator of any solid waste, any 
        person which controls, is controlled by, or is under common 
        control with the generator.''.

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 nonhazardous solid waste.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date 6 
months after enactment.

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