[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1873 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1873

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 25 (legislative day, February 22), 1994

  Mr. Dorgan introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to permit Governors to limit the 
disposal of out-of-State municipal and industrial waste in 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 and Industrial Waste Act of 1994''.

SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL AND INDUSTRIAL 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:

``SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL AND INDUSTRIAL 
              WASTE.

    ``(a) Authority To Restrict Out-of-State Municipal and Industrial 
Waste.--
            ``(1) In general.--
                    ``(A) Prohibition on disposal.--Except as provided 
                in subsection (b), if requested in writing by both an 
                affected local government and (if a local solid waste 
                planning unit exists under State law) an affected local 
                solid waste planning unit, the Governor of a State may 
                prohibit the disposal of out-of-State municipal and 
                industrial waste in any landfill or incinerator that is 
                subject to the jurisdiction of the Governor or the 
                affected local government.
                    ``(B) Procedure.--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) Exceptions.--Beginning with calendar year 1994, in 
        the case of landfills covered by the exceptions provided in 
        subsection (b), the Governor of a State may--
                    ``(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 and industrial waste received for 
                        disposal at each landfill of the landfills in 
                        the State to an annual quantity equal to the 
                        quantity of out-of-State municipal and 
                        industrial waste received for disposal at the 
                        landfill during the calendar year 1992 or 1993, 
                        whichever is less; and
                            ``(ii) limit the disposal of out-of-State 
                        municipal and industrial waste at the landfills 
                        that received, during calendar year 1992, 
                        documented shipments of more than 50,000 tons 
                        of out-of-State municipal and industrial waste 
                        representing more than 30 percent of all 
                        municipal waste and industrial 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 and industrial waste that is greater 
                        than 30 percent of all municipal and industrial 
                        waste received at the landfill during calendar 
                        year 1992; 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 and industrial waste in a landfill cell in 
                any of the landfills that does not meet the design and 
                location standards and leachate collection and ground 
                water monitoring requirements under the laws of the 
                State (including regulations) in effect on January 1, 
                1994, for new landfills.
            ``(3) Additional limitations.--In addition to the 
        authorities provided in paragraph (1)(A), beginning with 
        calendar year 1997, the Governor of a 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 and industrial 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) Application of limitations.--
                    ``(A) In general.--Any limitation imposed by the 
                Governor of a State 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 and 
                        industrial waste on the basis of State of 
                        origin.
                    ``(B) Response to requests by affected local 
                governments.--In responding to requests by affected 
                local governments under paragraphs (1)(A) and (2)(B), 
                the Governor of a State 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 and industrial 
                waste on the basis of State of origin.
            ``(5) Procedure for exercising authority.--
                    ``(A) Information from governor documenting 
                quantity of waste.--The Governor of a State who intends 
                to exercise the authority provided in this paragraph 
                shall, not later than 120 days after the date of 
                enactment of this section, submit to the Administrator 
                information documenting the quantity of out-of-State 
                municipal and industrial waste received for disposal in 
                the State of the Governor during each of calendar years 
                1992 and 1993.
                    ``(B) Notice and comment.--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) Determination by administrator concerning 
                quantity of waste.--Not later than 60 days after 
                receipt of information from the Governor of a State 
                under subparagraph (A), the Administrator shall 
                determine the quantity of out-of-State municipal and 
                industrial 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 1992 and 1993, 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) Publication of quantity of waste.--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 and industrial waste 
                that was received during each of calendar years 1992 
                and 1993 at each landfill covered by the exceptions 
                provided in subsection (b) for disposal in each State 
                in which the Governor of the State intends to exercise 
                the authority provided in this paragraph, as determined 
                in accordance with subparagraph (C).
            ``(6) Designation of affected local government.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of this section, the Governor of 
                each State shall designate which entity listed in 
                subsection (c)(1) shall serve as the affected local 
                government for actions taken under this section.
                    ``(B) Failure to make designation.--If the Governor 
                of a State fails to make a designation, the affected 
                local government of the State shall be the city, town, 
                borough, county, parish, or other public body created 
                pursuant to the law of the State with primary 
                jurisdiction over the land or the use of land on which 
                the facility is located.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
and Industrial Waste.--The authority to prohibit the disposal of out-
of-State municipal and industrial 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 1992 documented 
                shipments of out-of-State municipal and industrial 
                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, 1994, 
        received--
                    ``(A) an approval from the affected local 
                government to receive municipal waste and industrial 
                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 1992, 
                documented shipments of out-of-State municipal and 
                industrial 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) Definitions.--As used in this section:
            ``(1) Affected local government.--Subject to subsection 
        (a)(6), 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.
            ``(2) Affected local solid waste planning unit.--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) Industrial waste.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `industrial waste' means 
                refuse (and refuse-derived fuel) generated by an 
                industrial source, consisting of paper, wood, yard 
                wastes, plastics, leather, rubber, or other combustible 
                or noncombustible materials such as metal or glass, or 
                any combination thereof.
                    ``(B) Exceptions.--The term `industrial waste' does 
                not include--
                            ``(i) any solid waste identified or listed 
                        as a hazardous waste under section 3001;
                            ``(ii) 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;
                            ``(iii) any metal, pipe, glass, plastic, 
                        paper, textile, or other material that has been 
                        separated or diverted from industrial waste and 
                        has been transported into the State for the 
                        purpose of recycling or reclamation;
                            ``(iv) 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;
                            ``(v) any solid waste generated incident to 
                        the provision of service in interstate, 
                        intrastate, foreign, or overseas air 
                        transportation;
                            ``(vi) any medical waste that is segregated 
                        from or not mixed with industrial waste; or
                            ``(vii) any material or product returned 
                        from a dispenser or distributor to the 
                        manufacturer for credit, evaluation, or 
                        possible reuse.
            ``(4) Municipal waste.--
                    ``(A) In general.--The term `municipal waste' means 
                refuse (and refuse-derived fuel) generated by the 
                general public or from a residential, commercial, or 
                institutional 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.
                    ``(B) Exceptions.--The term `municipal waste' does 
                not include--
                            ``(i) any solid waste identified or listed 
                        as a hazardous waste under section 3001;
                            ``(ii) 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;
                            ``(iii) 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;
                            ``(iv) any solid waste generated incident 
                        to the provision of service in interstate, 
                        intrastate, foreign, or overseas air 
                        transportation;
                            ``(v) any medical waste that is segregated 
                        from or not mixed with municipal waste; or
                            ``(vi) any material or product returned 
                        from a dispenser or distributor to the 
                        manufacturer for credit, evaluation, or 
                        possible reuse.
            ``(5) Out-of-State municipal and industrial waste.--With 
        respect to a State, the term `out-of-State municipal and 
        industrial waste' means municipal waste and industrial waste 
        generated outside of the State. To the extent that it is 
        consistent with the United States-Canada Free Trade Agreement, 
        the North American Free Trade Agreement, and the General 
        Agreement on Tariffs and Trade, the term shall include 
        municipal waste and industrial waste generated outside of the 
        United States.''.

SEC. 3. TABLE OF CONTENTS AMENDMENT.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items 
relating to subtitle D the following new item:

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

                                 <all>