[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 533 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 533

  To amend subtitle C of the Solid Waste Disposal Act to require the 
  preparation of a community information statement for new hazardous 
    waste treatment or disposal facilities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 9 (legislative day, March 3), 1993

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

_______________________________________________________________________

                                 A BILL


 
  To amend subtitle C of the Solid Waste Disposal Act to require the 
  preparation of a community information statement for new hazardous 
    waste treatment or disposal facilities, 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. COMMUNITY INFORMATION STATEMENT.

    (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 
U.S.C. 6921 et seq.) is amended by adding at the end the following new 
section:

``SEC. 3024. COMMUNITY INFORMATION STATEMENT.

    ``(a) Regulations.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall promulgate 
        regulations to require the preparation of a community 
        information statement as part of the permitting processes under 
        this subtitle for any new offsite hazardous waste treatment or 
        disposal facility.
            ``(2) Public review.--Each statement shall be made 
        available for public review. The final statement for any 
        facility shall be available for public review before the 
        earlier of--
                    ``(A) 60 days before a public hearing is conducted 
                by the permitting authority regarding the proposed 
                issuance of the permit; or
                    ``(B) the date that is 1 year after the date on 
                which an independent contractor is selected under 
                subsection (b).
            ``(3) Use of statement.--The permitting authority shall 
        take the community information statement into account in making 
        any final decision regarding the issuance of a permit and in 
        establishing any conditions to be imposed in the permit. The 
        statement shall be a part of the record on which the permitting 
        decision is based.
    ``(b) Selection of Independent Contractor to Prepare Statement.--
            ``(1) Joint selection.--The community information statement 
        required under this section shall be prepared by an independent 
        contractor selected jointly, after consultation with concerned 
        citizens, by the applicant for the permit and the chief elected 
        official of the affected host community.
            ``(2) Nonagreement of contractor.--If the applicant and 
        chief elected official do not agree on the selection of an 
        independent contractor within 30 days after the date on which 
        the application for a permit under this section is filed, the 
        permitting authority shall select the independent contractor to 
        prepare the statement required under this section.
    ``(c) Costs.--The permitting authority shall impose and collect a 
fee on the submission of each application for a permit for which a 
statement under this section is required. The fee shall cover the 
reasonable costs of preparing the community information statement.
    ``(d) Requirements.--A community information statement meets the 
requirements of this section if the statement identifies and describes 
each of the following:
            ``(1) The effects of the facility on the host community, 
        including the effects on the local economy and employment, 
        housing, public safety, emergency preparedness, transportation 
        systems, and recreational amenities and tourism in the area.
            ``(2) The types of wastes expected to enter the facility, 
        the types of releases expected from the facility, and any human 
        health impacts associated with the wastes and the releases.
            ``(3) The options or alternatives for mitigating any 
        impacts on the affected community.
            ``(4) The demographic characteristics of the affected host 
        community according to race, ethnic background, and income.
            ``(5) The presence in the affected host community of any--
                    ``(A) existing solid waste treatment, storage, or 
                disposal facility; or
                    ``(B) site in which a release of hazardous 
                substances (within the meaning of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) has occurred and the 
                extent to which the site has been remediated.
            ``(6) Permit the record of the compliance of the applicant 
        with State and Federal environmental regulations and laws, and 
        the record of the compliance by any firm engaged to operate the 
        facility or any firm that controls or is affiliated with the 
        applicant, including any serious violations of the regulations.
    ``(e) Judicial Review of Statement.--A community information 
statement prepared in connection with any facility shall not be subject 
to judicial review in any proceeding other than a proceeding brought to 
challenge the issuance of a permit for a facility. In any permitting 
proceeding respecting a facility, the permitting authority shall take 
the statement into account. In any proceeding, the statement shall be 
treated as satisfying the requirements of this section unless the 
statement contains a material misstatement or omission that affected 
the decision of the permitting authority.
    ``(f) Definitions.--As used in this section--
            ``(1) Affected host community.--The term `affected host 
        community' means the county, municipality, town, or township, 
        or other general purpose unit of local government that has 
        primary jurisdiction over the use of the land on which a 
        facility is located or proposed to be located.
            ``(2) Independent contractor.--The term `independent 
        contractor' means a person who has no financial or other 
        potential conflict of interest in the outcome of a proceeding 
        to determine whether or not a permit should be issued for a new 
        offsite facility for the treatment, storage, or disposal of 
        hazardous waste.
            ``(3) New offsite hazardous waste treatment or disposal 
        facility.--The term `new offsite hazardous waste treatment or 
        disposal facility' means a hazardous waste treatment or 
        disposal facility that--
                    ``(A) accepts for treatment or disposal hazardous 
                waste that is not generated at the site of the 
                treatment or disposal; and
                    ``(B) for which a permit is issued by a State 
                agency under this subtitle after the date of 
                promulgation of regulations under this section.
        The term shall not include any facility existing on the date of 
        promulgation of regulations under this section, but shall 
        include an expansion of such an existing facility if a new 
        permit is required after such date for the expansion and if the 
        expansion, together with all other expansions constructed after 
        such date (or after the preparation of the last statement under 
        this section with respect to the facility, whichever is later) 
        increases the capacity of the facility by more than 50 
        percent.''.
    (b) Table of Contents.--The table of contents of such Act (42 
U.S.C. prec. 6901) is amended by adding at the end of the item relating 
to subtitle C the following new item:

``Sec. 3024. Community information statement.''.

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