[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1249 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1249

 To amend the Solid Waste Disposal Act to permit States and political 
 subdivisions to control the disposal of out-of-State municipal solid 
                     waste within their boundaries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 15, 1995

 Mr. Greenwood (for himself, Mr. Clinger, Mr. Walker, Mr. Gillmor, Mr. 
English of Pennsylvania, Mr. Murtha, Mr. Kanjorski, Mr. Holden, and Mr. 
   McHale) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to permit States and political 
 subdivisions to control the disposal of out-of-State municipal solid 
                     waste within their boundaries.

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

SECTION 1. STATE AUTHORITY.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new section:

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

    ``(a) In General.--The Governor of any State may impose a 
limitation or prohibition on the receipt of out-of-State municipal 
solid waste by landfills or incinerators in the State. Any affected 
local government of a political subdivision in a State may permit 
landfills or incinerators in the political subdivision to receive out-
of-State municipal solid waste notwithstanding any such limitation or 
prohibition established by the Governor. In the absence of any such 
limitation or prohibition imposed by the Governor of a State, any 
affected local government of any political subdivision in the State may 
impose a limitation or prohibition on the receipt of out-of-State 
municipal solid waste by landfills or incinerators in that political 
subdivision.
    ``(b) Waste Not Covered.--Subsection (a) shall not apply to any of 
the following kinds of solid waste:
            ``(1) Any solid waste identified or listed as a hazardous 
        waste under section 3001.
            ``(2) Any solid waste, including contaminated soil and 
        debris, resulting from--
                    ``(A) 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),
                    ``(B) a response action taken under a State law 
                with authorities comparable to the authorities of 
                section 104 or 106, or
                    ``(C) a corrective action taken under this Act.
            ``(3) Recyclable materials that have been separated, at the 
        source of the waste, from waste otherwise destined for disposal 
        or that have been managed separately from waste destined for 
        disposal.
            ``(4) Materials and products returned from a dispenser or 
        distributor to the manufacturer or an agent of the manufacturer 
        for credit, evaluation, and possible reuse.
            ``(5) Any solid waste that is--
                    ``(A) generated by an industrial facility; and
                    ``(B) 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 of a company with 
                which the generator is affiliated.
            ``(6) Any medical waste that is segregated from or not 
        mixed with other solid waste.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Affected local government.--For any landfill or 
        incinerator, the term `affected local government' shall mean 
        the public body authorized by State law to plan for the 
        management of municipal solid waste, a majority of the members 
        of which are elected officials, for the area in which the 
        landfill or incinerator is located or proposed to be located, 
        unless there is no such public body. If there is no such body, 
        such term shall mean the elected officials of the city, town, 
        township, borough, county, or parish exercising primary 
        responsibility for the use of land on which the facility is 
        located or proposed to be located.
            ``(2) Municipal solid waste.--The term `municipal solid 
        waste' means all waste materials discarded for disposal by 
        households, including single and multifamily residences, and 
        hotels and motels. The term also includes each of the 
        following:
                    ``(A) Waste materials generated by commercial, 
                institutional, and industrial sources.
                    ``(B) Debris resulting from construction, 
                remodeling, repair, or demolition of structures other 
                than debris that is not otherwise commingled with other 
                municipal solid waste and has been determined by the 
                generator, to be contaminated. For purposes of 
                determining whether any such debris is contaminated, 
                the generator shall conduct representative sampling and 
                analysis of such debris, the results of which shall be 
                submitted to the affected local government for record 
                keeping purposes only, unless not required by the 
                affected local government. Any such debris that has 
                been determined to be contaminated shall be disposed of 
                in a landfill that meets, at a minimum, the 
                requirements of this subtitle.
            ``(3) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste', means, with respect to any 
        State, municipal solid waste generated outside of the State. 
        The term includes municipal solid waste generated outside of 
        the United States.
    (b) Table of Contents Amendment.--The table of contents of the 
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding 
after the item relating to section 4010 the following new item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.''.
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