[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 963 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 963

 To amend the Solid Waste Disposal Act to authorize local governments 
   and Governors to restrict receipt of out-of-State municipal solid 
                                 waste.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 1993

   Mr. Boucher (for himself, Mr. Upton, Mr. Bonior, Mr. Tauzin, Mr. 
Slattery, Mr. Barton of Texas, Mr. Coleman, Ms. Norton, Mr. Sarpalius, 
 Mr. Spratt, Mr. Sanders, and Mr. Gilchrest) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

                           September 8, 1993

Additional sponsors: Mr. Cooper, Mr. Henry, Mr. Zeliff, Mr. Hobson, Mr. 
 Mollohan, Mr. McCloskey, Mr. Bliley, Mr. Neal of North Carolina, Mr. 
 Wise, Mr. Kildee, Mr. Levin, Ms. Furse, Ms. McKinney, Ms. Danner, Mr. 
           Costello, Mr. Brown of California, and Mr. Stupak

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to authorize local governments 
   and Governors to restrict receipt of out-of-State municipal 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 ``Local Government Interstate Waste 
Control Act''.

SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    (a) In General.--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:

``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    ``(a) Restriction on Receipt of Out-of-State Waste.--(1) Subject to 
subsection (f), the owner or operator of a landfill, incinerator, or 
other waste disposal facility in a State may not receive for disposal 
or incineration any municipal solid waste generated outside the State 
unless the owner or operator obtains authorization to receive such 
waste from the affected local government. Any such authorization shall 
be granted by formal action at a meeting and shall be recorded in 
writing in the official record of the meeting. The local government 
shall notify the Governor, adjoining local governments, and any 
adjoining Indian tribes of any authorization granted under this 
subsection. Subject to subsection (c), only 1 authorization per 
facility is required under this subsection.
    ``(2) Prior to formal action with respect to authorization to 
receive municipal solid waste generated outside the State, the affected 
local government shall require and make readily available to the 
Governor, adjoining local governments, any adjoining Indian tribes, and 
other interested persons for inspection and copying the following 
information from the owner or operator of the facility seeking such 
authorization:
            ``(A) A brief description of the planned facility, 
        including facility size, ultimate waste capacity, and 
        anticipated monthly and yearly waste volumes to be handled.
            ``(B) A map of the facility site indicating location in 
        relation to the local road system and topography and 
        hydrological features. This map shall indicate any buffer zones 
        to be acquired by the owner or operator as well as all facility 
        units.
            ``(C) A description of the current environmental 
        characteristics of the site, including information regarding 
        ground water resources, and discussion of alterations that may 
        be necessitated by or occur as a result of the facility.
            ``(D) A description of appropriate environmental controls 
        to be utilized on the site, including runon/runoff management, 
        air pollution control devices, source separation procedures, 
        methane monitoring and control, landfill covers, liners or 
        leachate collection systems, and monitoring programs. This 
        description also shall include a discussion of any waste 
        residuals generated by the facility, including leachate or ash, 
        and the planned management of such residuals.
            ``(E) A description of site access controls to be employed, 
        roadway improvements to be made by the owner or operator, and 
        an estimate of the timing and extent of increased local truck 
        traffic.
            ``(F) A list of all required Federal, State, and local 
        permits.
            ``(G) Estimates of the personnel requirements of the 
        facility, including information regarding the probable skill 
        and education levels required for jobs at the facility. This 
        information should distinguish between employment statistics 
        for pre- and post-operational levels.
            ``(H) Such information as is required by State law to be 
        provided with respect to any violations of environmental laws 
        or regulations by the owner, the operator, and their 
        subsidiaries, the disposition of enforcement proceedings taken 
        with respect to such violations, and corrective action and 
        rehabilitation measures taken as a result of such proceedings.
            ``(I) Such information as is required by State law to be 
        provided with respect to gifts and contributions by the owner 
        and operator.
            ``(J) Such information as is required by State law to be 
        provided by the owner or operator with respect to compliance by 
        the owner or operator with the State solid waste management 
        plan in effect pursuant to section 4007.
    ``(3) Prior to formal action with respect to authorization to 
receive municipal solid waste generated outside the State, the affected 
local government shall notify the Governor, adjoining local 
governments, and any adjoining Indian tribes, and publish notice of the 
action in a newspaper of general circulation at least 30 days before 
the hearing and again at least 15 days before the hearing, and provide 
an opportunity for public comment, including at least 1 public hearing, 
in accordance with State law.
    ``(b) Limitations on Applicability.--
            ``(1) Landfills in operation.--Subsection (a) does not 
        apply to an owner or operator of a landfill that--
                    ``(A) on the date of the enactment of this section, 
                was in compliance with all applicable State laws and 
                regulations relating to design and location standards, 
                leachate collection, ground water monitoring, and 
                financial assurance for closure and post-closure care 
                and corrective action; and
                    ``(B) during calendar year 1991, accepted, in 
                accordance with State law as in effect during such 
                calendar year, documented shipments of municipal solid 
                waste generated outside the State, or, before the date 
                of the enactment of this section, entered into a host 
                agreement or otherwise obtained authorization to accept 
                such waste from the affected local government.
            ``(2) Landfills under construction or in planning 
        process.--(A) Subject to subparagraph (B), subsection (a) does 
        not apply to a person who--
                    ``(i) is planning to own or operate a landfill; and
                    ``(ii) before the date of the enactment of this 
                section, entered into a host agreement or otherwise 
                obtained authorization from the affected local 
                government to accept at such landfill municipal solid 
                waste generated outside the county or the State in 
                which the landfill is located.
            ``(B) The limitation on applicability contained in 
        subparagraph (A) shall terminate if the landfill, before or 
        after construction, fails to meet all State laws and 
        regulations relating to design and location standards, leachate 
        collection, ground water monitoring, or financial assurance for 
        closure and post closure care and corrective action.
            ``(3) Incinerators and other facilities.--Subsection (a) 
        does not apply to either of the following:
                    ``(A) An owner or operator of an incinerator or 
                other waste disposal facility (other than a landfill) 
                that, during calendar year 1991, accepted documented 
                shipments of municipal solid waste generated outside 
                the State or, before the date of the enactment of this 
                section, entered into a host agreement or otherwise 
                obtained authorization to accept such waste from the 
                affected local government.
                    ``(B) A person who is planning to own or operate an 
                incinerator or other waste disposal facility (other 
                than a landfill) and who, before the date of the 
                enactment of this section, entered into a host 
                agreement or otherwise obtained authorization from the 
                affected local government to accept municipal solid 
                waste generated outside the State at such incinerator 
                or facility.
    ``(c) Treatment of Expansions of Facilities.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        expansion of a landfill, incinerator, or other waste disposal 
        facility shall be considered, for purposes of subsection (a), 
        to be a separate facility requiring authorization in order to 
        accept waste generated outside the State.
            ``(2) Exception.--A landfill, incinerator, or other waste 
        disposal facility may be expanded for purposes of receiving 
        waste generated outside the State without an authorization 
        under subsection (a) to accept such waste at the expansion only 
        if--
                    ``(A) with respect to a facility for which the 
                owner or operator has obtained authorization as 
                described in subsection (a) or in paragraph (1), (2), 
                or (3) of subsection (b), at the time the owner or 
                operator obtained such authorization--
                            ``(i) the owner or operator owned or 
                        possessed an option to purchase the land on 
                        which the expansion of the facility is proposed 
                        to occur; and
                            ``(ii) the area of expansion of the 
                        facility was indicated in documents filed with 
                        the affected local government before obtaining 
                        such authorization; or
                    ``(B) with respect to a facility described in 
                paragraph (1) or (3) of subsection (b) for which the 
                owner or operator is not required to obtain 
                authorization, the owner or operator, during calendar 
                year 1991, owned or possessed an option to purchase the 
                land on which the expansion of the facility is proposed 
                to occur.
    ``(d) Restriction on Local Government Control by Governor.--In any 
case in which an affected local government is considering granting an 
authorization to receive municipal solid waste generated outside the 
State, and the disposal or incineration of such waste precludes the use 
of solid waste management capacity that is identified under the State 
plan to be used for disposal or incineration of municipal solid waste 
generated within the region (identified under section 4006(a)) in which 
the local government is located, the Governor may prohibit the affected 
local government from granting the authorization.
    ``(e) Authority of Governor to Restrict Out-of-State Municipal 
Solid Waste.--
            ``(1)(A) Except as provided in paragraph (5), if requested 
        in writing by both an affected local government, and an 
        affected local solid waste planning unit (if such a local solid 
        waste planning unit exists under State law), a Governor may, 
        with respect to landfills to which subsection (a) does not 
        apply (as set forth in paragraphs (1) and (2) of subsection 
        (b)), limit the amount of out-of-State municipal solid waste 
        received for disposal at each such landfill in the State to an 
        amount equal to the amount of out-of-State municipal solid 
        waste received for disposal at the landfill during calendar 
        year 1991 or any 12 consecutive months between January 1, 1991, 
        and June 30, 1992, whichever is less, as determined by the 
        Governor in submitting information under paragraph (4).
            ``(B) Prior to submitting a request under this section to 
        limit the disposal of out-of-State municipal solid waste, the 
        affected local government and the affected local solid waste 
        planning unit, if any, shall--
                    ``(i) provide notice and opportunity for public 
                comment concerning any such proposed request; and
                    ``(ii) following notice and comment, take formal 
                action upon any such proposed request at a public 
                meeting.
            ``(3) In responding to requests by affected local 
        governments under paragraph (1)(A), the Governor shall respond 
        in a consistent manner that does not discriminate against any 
        particular landfill within the State and does not discriminate 
        against any shipments of out-of-State municipal solid waste on 
        the basis of State of origin.
            ``(4)(A) Any Governor who intends to exercise the authority 
        provided in this subsection shall, within 60 days after the 
        date of enactment of this section, submit to the Administrator 
        information documenting the amount of out-of-State municipal 
        solid waste received for disposal in the Governor's State 
        during calendar year 1991 and the first six months of calendar 
        year 1992.
            ``(B) Upon receipt of such information, 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 120 days after the date of enactment 
        of this section, the Administrator shall publish a list of the 
        amount of out-of-State municipal solid waste that was received 
        at each landfill to which subsection (a) does not apply (as set 
        forth in paragraphs (1) and (2) of subsection (b)) for disposal 
        in the State during calendar year 1991 and the first six months 
        of calendar year 1992, as determined by the Governor in 
        submitting information under subparagraph (A).
            ``(5) A Governor may not exercise the authority granted 
        under this subsection if such action would be inconsistent with 
        State law or would result in the violation of or failure to 
        perform any provision of--
                    ``(i) a written, legally binding contract, 
                including a host agreement, that was lawfully entered 
                into by the owner or operator of a landfill and the 
                affected local government and which authorizes the 
                landfill to receive municipal solid waste generated 
                outside the jurisdiction of the affected local 
                government; or
                    ``(ii) a written, legally binding contract for 
                disposal at a landfill of municipal solid waste 
                generated outside the State in which the landfill is 
                located that was in effect on May 31, 1992.
    ``(f) Continued Applicability of Section Conditioned on Certain 
Landfill Requirements.--Subsections (a) through (e) of this section 
shall not apply after January 1, 1997, in a State unless each operating 
municipal solid waste landfill in the State--
            ``(1) meets the design and location standards that are 
        applicable to landfills constructed on and after October 1993; 
        or
            ``(2) is on an enforceable schedule--
                    ``(A) to stop receiving waste by January 1, 2000; 
                and
                    ``(B) to implement a closure plan.
    ``(g) Definitions.--As used in this section:
            ``(1) The term `affected local government', with respect to 
        a landfill, incinerator, or other waste disposal facility, 
        means the elected officials of the city, town, borough, county, 
        or parish in which the facility is located. Within 90 days 
        after enactment of this section, the Governor of each State 
        shall designate and publish notice of which entity listed in 
        the preceding sentence shall serve as the affected local 
        government for purposes of actions taken under this section 
        after the date of publication of such notice. No such 
        designation shall affect host agreements concluded before the 
        date of publication of such notice. If the Governor fails to 
        make such designation, the affected local government shall be 
        the city, town, borough, county, parish, or other public body 
        created by or pursuant to State law with primary jurisdiction 
        over the use of the land on which the facility is located or 
        proposed to be 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 solid waste', with 
        respect to a State, means municipal solid waste generated 
        outside of the State.
            ``(4) The term `municipal solid waste' means solid waste 
        that is refuse (and refuse-derived fuel) generated by the 
        general public and from residential, commercial, institutional, 
        and industrial sources consisting of paper, wood, yard wastes, 
        food wastes, plastics, leather, rubber, and other combustible 
        materials and noncombustible materials such as metal, glass, 
        and rock. The term does not include--
                    ``(A) hazardous waste or waste containing 
                polychlorinated biphenyls;
                    ``(B) industrial waste;
                    ``(C) medical waste;
                    ``(D) recyclable materials that have been separated 
                from waste otherwise destined for disposal (either at 
                the source of the waste or at processing facilities) or 
                that have been managed separately from waste destined 
                for disposal; and
                    ``(E) materials and products returned from a 
                dispenser or distributor to the manufacturer or its 
                agent for credit, evaluation, and possible reuse.
            ``(5) The term `host agreement' means a written, legally 
        binding agreement, lawfully entered into between an owner or 
        operator of a landfill or incinerator and an affected local 
        government that authorizes the landfill or incinerator to 
        receive municipal solid waste generated outside the 
        jurisdiction of the affected local government.''.
    (b) 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 and disposal of municipal solid 
                            waste.''.

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