[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 822

 To amend the Solid Waste Disposal Act to provide for State management 
of solid waste; to reduce and regulate the interstate transportation of 
                 solid wastes; and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 27 (legislative day, April 19), 1993

  Mr. Breaux 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 provide for State management 
of solid waste; to reduce and regulate the interstate transportation of 
                 solid wastes; and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                      TITLE I--GENERAL AMENDMENTS

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``State Regulation and Management of 
Solid Waste Act of 1993''.

SEC. 102. CONGRESSIONAL FINDINGS.

    (a) Section 1002(a)(4) of the Solid Waste Disposal Act is amended 
to read as follows:
            ``(4) that while the collection and disposal of solid waste 
        should continue to be primarily the function of State, regional 
        and local agencies, the problems of waste disposal as set forth 
        have become a matter national in scope and in concern and 
        necessitate Federal action through--
                    ``(A) requirements that each State develop a 
                program for the management and disposal of solid waste 
                generated within each State over the next twenty years;
                    ``(B) authorizing each State to restrict the 
                importation of solid waste from a State of origin for 
                purposes of solid waste management other than 
                transportation; and
                    ``(C) financial and technical assistance and 
                leadership in the development, demonstration, and 
                application of new and improved methods and processes 
                to reduce the amount of waste and unsalvageable 
                materials and to provide for proper and economical 
                solid waste disposal practices.''.
    (b) Section 1002(b) of the Solid Waste Disposal Act is amended as 
follows:
            (1) strike the word ``and'' at the end of paragraph (7);
            (2) paragraph (8) is amended to read as follows:
            ``(8) alternatives to existing methods of land disposal 
        must be developed since it is estimated that 80 per centum of 
        all permitted landfills will close in twenty years; and''
            (3) add the following after paragraph (8):
            ``(9) solid waste is being transported long distances 
        across country for purposes of solid waste management and, in 
        some cases, in the same vehicles that carry consumer goods. 
        Such practices are harmful to the public health and measures 
        should be adopted to ensure public health is protected when 
        such goods are transported in the same vehicles as solid waste 
        is transported.''.

SEC. 103. OBJECTIVES AND NATIONAL POLICY.

    (a) Section 1003(a)(1) of the Solid Waste Disposal Act is amended 
to read as follows:
            ``(1) assuring that each State has a program to manage 
        solid waste generated within its borders, and by providing 
        technical and financial assistance to State and local 
        governments and interstate agencies for the development of 
        solid waste management plans (including recycling, resource 
        recovery, and resource conservation systems) which will promote 
        improved solid waste management techniques (including more 
        effective organization arrangements), new and improved methods 
        of collection, separation, and recovery of solid waste, and the 
        environmentally safe disposal of nonrecoverable residues,''.
    (b) Section 1003(a) of the Solid Waste Disposal Act is further 
amended by:
            (1) striking ``and'' at the end of paragraph (10);
            (2) striking the period at the end of paragraph (11) and 
        insert in lieu thereof a semicolon; and
            (3) adding the following new paragraphs:
            ``(12) promoting the use of regional and interstate 
        agreements for economically efficient and environmentally sound 
        solid waste management practices, and for construction and 
        operation of solid waste recycling and resource recovery 
        facilities; and
            ``(13) promoting recycling and resource recovery of solid 
        waste through the development of markets for recycled products 
        and recovered resources.''.

SEC. 104. DEFINITIONS.

    (a) Section 104 of the Solid Waste Disposal Act is amended by 
adding at the end thereof:
            ``(40) The term `recycling' means any use, reuse or 
        reclamation of a solid waste.
            ``(41) The term `State of origin' means any State that 
        authorizes a person to transport solid waste generated within 
        its borders to a State of final destination for purposes of 
        solid waste management other than transportation.
            ``(42) The term `State of final destination' means any 
        State that authorizes a person to transport solid waste from a 
        State of origin into such State for purposes of solid waste 
        management other than transportation.''.
    (b) Section 1004(12) of the Solid Waste Disposal Act is amended to 
read as follows:
            ``(12) The term `manifest' means the form used for 
        identifying the quantity, composition, and the origin, routing, 
        and destination of solid and hazardous waste during its 
        transportation from the point of generation to the point of 
        disposal, treatment, storage, recycling, and resource 
        recovery.''.
    (c) Section 1004(28) is amended by inserting ``recycling, resource 
recovery,'' before the term ``treatment.''.
    (d) Section 1004(29)(C) is amended by inserting ``recycling,'' 
before the term ``treatment.''.
    (e) For purposes of this Act only, the term ``solid waste'' means 
refuse (or refuse-derived fuel) collected from the general public more 
than 30 per centum of which consists of paper, wood, yard wastes, food 
waste, plastics, leather, rubber, and other combustible materials and 
noncombustible materials such as glass and metal including household 
wastes, sludge and waste from institutional, commercial, and industrial 
sources, but does not include industrial process wastes or medical 
wastes, or any ``hazardous waste'' or ``hazardous substance'' as 
defined in the Resource Conservation and Recovery Act and in the 
Comprehensive Environmental Response, Compensation and Liability Act 
(Public Law 96-570).

              TITLE II--STATE SOLID WASTE MANAGEMENT PLANS

SEC. 201. OBJECTIVES OF SUBTITLE D.

    (a) The first two sentences of section 4001 of the Solid Waste 
Disposal Act are amended to read as follows: ``The objectives of this 
subtitle are to reduce to the maximum extent practicable the amount of 
solid waste generated and disposed of during the twenty-year period 
following the date of enactment of this Act by requiring each State to 
develop a program which will meet the aforementioned standards, and 
which--
            ``(1) first, reduces the amount of solid waste generated in 
        the State and encourages resource conservation; and
            ``(2) second, facilitates the recycling of solid waste and 
        the utilization of valuable resources, including energy and 
        materials which are recoverable from solid waste.
    ``(b) Such objectives are to be accomplished through Federal 
guidelines and technical and financial assistance to States; 
encouragement of cooperation among Federal, State, and local 
governments and private individuals and industry; encouragement of 
States to enter into interstate or regional agreements to facilitate 
environmentally sound and efficient solid waste management; and through 
approval and oversight of the implementation of solid waste management 
plans.''.

SEC. 202. STATE SOLID WASTE MANAGEMENT PLANS.

    (a) Section 4003(a) of the Solid Waste Disposal Act is amended by--
            (1) inserting before the first sentence the following new 
        sentence: ``Upon the expiration of one hundred and eighty days 
        after the date of approval of a State's Solid Waste Management 
        Plan required by this section or upon the date a State plan 
        becomes effective pursuant to section 4007(d), it shall be 
        unlawful for a person to manage solid waste within that State, 
        to transport solid waste generated in that State to a State of 
        final destination, and to accept solid waste from a State of 
        origin for purposes of solid waste management other than 
        transportation unless such activities are authorized and 
        conducted pursuant to the provisions of the approved plan.'', 
        and
            (2) striking in the first sentence thereof ``each State 
        plan must comply with the following minimum requirements'' and 
        inserting in lieu thereof ``each State Solid Waste Management 
        Plan must comply with the following minimum requirements''.
    (b) Section 4003(a) is further amended by amending paragraphs 
4003(a) (5) and (6) to read as follows:
            ``(5) The plan shall identify the quantities, types, 
        sources, and characteristics of solid wastes that are 
        reasonably expected to be generated within the State or 
        transported to the State from a State of origin during each of 
        the ensuing twenty years following the date of enactment of 
        this Act and that are reasonably expected to be managed within 
        the State during each of the ensuing twenty years.
            ``(6) The plan shall provide that the State acting 
        directly, through authorized persons, or through interstate or 
        regional agreements, shall ensure the availability of solid 
        waste management capacity to manage the solid waste identified 
        in paragraph (5) in a manner that is environmentally sound and 
        that meets the objectives of this subtitle as defined in 
        section 4001.''.
    (c) Section 4003(a) of the Solid Waste Disposal Act is further 
amended by adding the following new paragraphs at the end thereof:
            ``(7) When identifying the amount of solid waste management 
        capacity necessary to manage the solid waste identified in 
        paragraph (5), the State shall take into account solid waste 
        management agreements in effect upon the date of enactment of 
        this Act that exist between a person operating within such 
        State and any person in a State or States contiguous with such 
        State.
            ``(8) The plan shall provide for the identification and 
        annual certification to the Administrator of how the State has 
        met the objectives of this subtitle as defined in section 4001 
        and that the State has issued permits consistent with all the 
        requirements of this Act for capacity sufficient to manage the 
        solid waste identified in paragraph (5) of this section for the 
        ensuing five-year period and that the State has identified and 
        approved the sites for capacity identified in paragraph (5) of 
        this section for the ensuing eight-year period.
            ``(9) The plan shall provide that all solid waste 
        management facilities located in the State meet all applicable 
        Federal and State laws and for the enactment of such State and 
        local laws as may be necessary to fulfill the purposes of this 
        Act.
            ``(10) The plan shall provide for a program that requires 
        all solid waste management facilities located or operating in 
        the State to register with the State and that only registered 
        facilities may manage solid waste identified in paragraph (5). 
        Such registration shall at a minimum include the name and 
        address of the owner and operator of the facility; the address 
        of the solid waste management facility; the type of solid waste 
        management used at the facility; and the amounts, types and 
        sources of waste to be managed by the facility.
            ``(11) The plan shall provide for technical and financial 
        assistance to local communities to meet the requirement of the 
        plan.
            ``(12) The plan shall specify the conditions under which 
        the State will authorize a person to accept solid waste from a 
        State of origin for purposes of solid waste management other 
        than transportation, and ensure that such waste is managed in 
        accordance with the plan and that acceptance of such waste will 
        not impede the ability of the State of final destination to 
        manage solid waste generated within its borders.''.
    (d) Section 4006 of the Solid Waste Disposal Act is amended by 
adding the following new subsection:
    ``(d) Submission of Plans.--Not later than four years after the 
date of enactment of this Act, each State shall, after consultation 
with the public, other interested parties, and local governments, 
submit to the Administrator for approval a plan that complies with the 
requirements of section 4003(a) of this Act.''.
    (e) Section 4007(a)(1) of the Solid Waste Disposal Act is amended 
to read as follows: ``(1) it meets the requirements of section 
4003(a);''.
    (f) Section 4007(a) is amended by deleting the period at the end of 
clause (C) and inserting in lieu thereof a semicolon and the word 
``and'', and by adding the following new paragraph at the end thereof:
            ``(3) it furthers the objectives of section 4001 of this 
        Act.''.
    (g) The third sentence of section 4007(a) is amended to read as 
follows: ``Upon receipt of each State's certification required by 
section 4003(a)(8), the Administrator shall determine whether the 
approved plan is in compliance with the provisions of section 4003, and 
if he determines that revision or corrections are necessary to bring 
such plan into compliance with the minimum requirements promulgated 
under section 4003 (including new or revised requirements), he shall, 
after notice and opportunity for public hearing, withhold per his 
approval of such plan.''.
    (h) Section 4007 is amended by adding the following new paragraph 
at the end thereof:
    ``(d) Failure of the Administrator To Act on a State Plan.--If the 
Administrator fails to approve or disapprove a plan within eighteen 
months after a State plan has been submitted for approval the State 
plan as submitted shall go into effect at the expiration of eighteen 
months after the plan was submitted. The plan shall remain in effect as 
submitted and subject to review by the Administrator and revision in 
accordance with section 4007(a).''.

                TITLE III--INTERSTATE TRANSPORT OF WASTE

SEC. 301. AUTHORITY OF STATES TO CONTROL INTERSTATE SHIPMENT OF SOLID 
              WASTE.

    (a) Subtitle D of the Solid Waste Disposal Act is amended by adding 
at the end thereof the following new sections:
    ``Sec. 4011. (a) Authority To Restrict Interstate Transport of 
Solid Waste.--Upon the expiration of one hundred and eighty days after 
the date the Administrator has approved a Solid Waste Management Plan 
required by section 4003, or after the date a State plan becomes 
effective in accordance with section 4007(d), such State with an 
approved or effective State plan is authorized to prohibit or restrict 
a person from importing solid waste from a State of origin for purposes 
of solid waste management (other than transportation). A State may 
authorize a person to import solid waste from a State of origin for 
purposes of solid waste management (other than transportation) only in 
accordance with the provisions of section 4003(a)(12).
    ``(b) Each State is authorized to levy fees on solid waste that 
differentiate rates or other aspects of payment on the basis of solid 
waste origin. At least 50 per centum of the revenues received from such 
fees collected shall be allocated by the State to the local government 
in whose jurisdiction the solid waste will be managed. Such fees shall 
be used by such local governments for the purpose of carrying out 
provisions of an approved plan.''.

                     TITLE IV--FINANCIAL ASSISTANCE

SEC. 401. FEDERAL ASSISTANCE.

    (a) Section 4008(a)(1) of the Solid Waste Disposal Act is amended 
by adding at the end thereof the following new sentence: ``In addition, 
there are authorized to be appropriated for each of the fiscal years 
1992, 1993, and 1994, $100,000,000 for such purposes set forth in the 
preceding sentence.''.
    (b) Section 4008(a)(2) is amended by adding the following new 
subsection at the end thereof:
                    ``(E) There are authorized to be appropriated 
                $25,000,000 for each of the fiscal years 1992 through 
                1994 for the purposes of providing grants to States for 
                the encouragement of recycling, resource recovery, and 
                resource conservation activities. Such activities shall 
                include licensing and construction of recycling, 
                resource recovery and resource conservation facilities 
                within the State and the development of markets for 
                recycled products.''.

SEC. 402. RURAL COMMUNITIES ASSISTANCE.

    (a) Section 4009(d) of the Solid Waste Disposal Act is amended by 
adding at the end thereof the following new sentence: ``In addition, 
there are authorized to be appropriated for each of the fiscal years 
1992, 1993, and 1994, $50,000,000 to carry out this section.''.
    (b) Section 4009(a) is amended by inserting ``section 4004 and'' 
before ``4005''.

                                 <all>