[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2443

  To amend subtitle D of the Solid Waste Disposal Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 1995

Mr. Paxon (for himself, Mr. Frisa, Mr. Manton, Mr. Towns, Mr. Solomon, 
  Mr. Houghton, Mrs. Kelly, Mr. Boehlert, Mr. King, Mr. Ackerman, Mr. 
 Schumer, Mr. Engel, Mrs. Maloney, Mr. Pallone, Mr. Lazio of New York, 
Ms. Molinari, Mr. McHugh, Mr. Serrano, Mr. Hastert, Mr. Walsh, and Mrs. 
   Roukema) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend subtitle D of the Solid Waste Disposal Act, 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. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    (a) Amendment.--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 SOLID WASTE.

    ``(a) Authority To Restrict Out-of-State Municipal Solid Waste.--
(1) Except as provided in paragraph (4), beginning January 1, 1996, if 
requested in writing by an affected local government, a State may 
prohibit the disposal of out-of-State municipal solid waste in any 
landfill or incinerator that is not covered by the exceptions provided 
in subsection (b) and that is subject to the jurisdiction of the State 
and the affected local government.
    ``(2) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(C) and 
notwithstanding the absence of a request in writing by the affected 
local government, a State, in accordance with paragraph (5), may limit 
the quantity of out-of-State municipal solid waste received for 
disposal at each landfill or incinerator covered by the exceptions 
provided in subsection (b) that is subject to the jurisdiction of the 
State, to an annual amount equal to or greater than the quantity of 
out-of-State municipal solid waste received for disposal at such 
landfill or incinerator during calendar year 1993.
    ``(3)(A) Except as provided in paragraph (4), any State that 
imported more than 750,000 tons of out-of-State municipal solid waste 
in 1993 may establish a limit under this paragraph on the amount of 
out-of-State municipal solid waste received for disposal at landfills 
and incinerators that are not covered by host community agreements in 
the importing State as follows:
            ``(i) In calendar year 1997, 95 percent of the amount 
        exported to the State in calendar year 1993.
            ``(ii) In calendar years 1998 through 2003, 95 percent of 
        the amount exported to the State in the previous year.
            ``(iii) In calendar year 2004, and each succeeding year, 
        the limit shall be 65 percent of the amount exported in 1993.
            ``(iv) No exporting State shall be required under this 
        subparagraph to reduce its exports to any importing State below 
        the proportionate amount established herein.
    ``(B) No State may export to landfills or incinerators in any 1 
State that are not covered by host community agreements or permits 
authorizing receipt of out-of-State municipal solid waste more than the 
following net amounts of municipal solid waste:
            ``(i) In calendar year 1996, the greater of 1,700,000 tons 
        or 95 percent of the net amount exported to the State in 
        calendar year 1993.
            ``(ii) In calendar year 1997, the greater of 1,500,000 tons 
        or 95 percent of the net amount exported to the State in 
        calendar year 1996.
            ``(iii) In calendar year 1998, the greater of 1,400,000 
        tons or 95 percent of the net amount exported to the State in 
        calendar year 1997.
            ``(iv) In calendar year 1999, the greater of 1,300,000 tons 
        or 95 percent of the net amount exported to the State in 
        calendar year 1998.
            ``(v) In calendar year 2000, the greater of 1,200,000 tons 
        or 95 percent of the net amount exported to the State in 
        calendar year 1999.
            ``(vi) In calendar year 2001, 1,100,000 tons.
            ``(vii) In calendar year 2002 or any calendar year 
        thereafter, 1,000,000 tons.
For purposes of this clause, the term `net amount' means, for any 
exporting State in any calendar year, the amount by which the total 
amount of municipal solid waste exported by that State in the calendar 
year to an importing State for disposal in landfills or incinerators in 
the importing State exceeds the total amount of municipal solid waste 
exported in the same calendar year by the importing State to the 
exporting State for disposal in landfills or incinerators in the 
exporting State.
    ``(C) The authority provided by subparagraphs (A) and (B) shall 
apply for as long as a State exceeds the permissible levels as 
determined by the Administrator under paragraph (6)(C).
    ``(D) An importing State may take action to restrict levels of 
imports to reflect the appropriate level of out-of-State municipal 
solid waste imports if--
            ``(i) the importing State has notified the Governor of the 
        exporting State and the Administrator, 12 months prior to 
        taking any such action, of the importing State's intention to 
        impose the requirements of this section;
            ``(ii) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator of the 
        violation by the exporting State of this section at least 90 
        days prior to taking any such action; and
            ``(iii) the restrictions imposed by the importing State are 
        uniform at all facilities and the importing State may only 
        apply subparagraph (A) or (B) but not both.
    ``(4)(A) A State may not exercise the authority granted under this 
section if such action would result in the violation of, or would 
otherwise be inconsistent with, the terms of a host community agreement 
or a permit issued from the State to receive out-of-State municipal 
solid waste.
    ``(B) A limit or prohibition under this section shall be treated as 
conflicting and inconsistent with a permit or host community agreement 
if--
            ``(i) the permit or host community agreement establishes a 
        higher limit; or
            ``(ii) the permit or host community agreement does not 
        establish any limit.
    ``(C) Except as provided in paragraph (3), a State may not exercise 
the authority granted under this section in a manner that would require 
any owner or operator of a landfill or incinerator covered by the 
exceptions provided in subsection (b) to reduce the amount of out-of-
State municipal solid waste received from any State for disposal at 
such landfill or incinerator to an annual quantity less than the amount 
received from such State for disposal at such landfill or incinerator 
during calendar year 1993.
    ``(5) Any limitation imposed by a State under paragraph (2) or 
(3)--
            ``(A) shall be applicable throughout the State;
            ``(B) shall not directly or indirectly discriminate against 
        any particular landfill or incinerator within the State; and
            ``(C) shall not directly or indirectly discriminate against 
        any shipments of out-of-State municipal solid waste on the 
        basis of place of origin and all such limitations shall be 
        applied to all States in violation of paragraph (3).
    ``(6)(A) Within 90 days after enactment of this section and on 
April 1 of each year thereafter the owner or operator of each landfill 
or incinerator receiving out-of-State municipal solid waste shall 
submit to the affected local government and to the Governor of the 
State in which the landfill or incinerator is located, information 
specifying the amount and State of origin of out-of-State municipal 
solid waste received for disposal during the preceding calendar year, 
and the amount of waste that was received pursuant to host community 
agreements or permits authorizing receipt of out-of-State municipal 
solid waste. Within 120 days after enactment of this section and on May 
1 of each year thereafter each State shall publish and make available 
to the Administrator, the Governor of the State of origin and the 
public, a report containing information on the amount of out-of-State 
municipal solid waste received for disposal in the State during the 
preceding calendar year.
    ``(B) Each submission referred to in this section shall be such as 
would result in criminal penalties in case of false or misleading 
information. Such information shall include the date and amount of 
waste received, the State of origin, and the type of out-of-State 
municipal solid waste. States making submissions referred to in this 
section to the Administrator shall notice these submissions for public 
review and comment at the State level before submitting them to the 
Administrator.
    ``(C) The Administrator shall publish a list of importing States 
and the out-of-State municipal solid waste received from each State at 
landfills or incinerators not covered by host community agreements or 
permits authorizing receipt of out-of-State municipal solid waste. The 
list for any calendar year shall be published by June 1 of the 
following calendar year.
    ``(D) Nothing in this subsection shall be construed to preempt any 
State requirement that requires more frequent reporting of information.
    ``(E) For purposes of developing the list required in this section, 
the Administrator shall be responsible for collating and publishing 
only that information provided to the Administrator by States pursuant 
to this section. The Administrator shall not be required to gather 
additional data over and above that provided by the States pursuant to 
this section, nor to verify data provided by the States pursuant to 
this section, nor to arbitrate or otherwise entertain or resolve 
disputes between States or other parties concerning interstate 
movements of municipal solid waste.
    ``(7) Any affected local government that intends to submit a 
request under paragraph (1) or take formal action to enter into a host 
community agreement after the date of enactment of this section shall, 
prior to taking such action--
            ``(A) notify the Governor, contiguous local governments, 
        and any contiguous Indian tribes;
            ``(B) publish notice of the action in a newspaper of 
        general circulation at least 30 days before taking such action;
            ``(C) provide an opportunity for public comment; and
            ``(D) following notice and comment, take formal action on 
        any proposed request or action at a public meeting.
    ``(8) Any owner or operator seeking a host community agreement 
after the date of enactment of this section shall provide to the 
affected local government the following information, which shall be 
made available to the public from the affected local government:
            ``(A) A brief description of the planned facility, 
        including a description of the facility size, ultimate waste 
capacity, and anticipated monthly and yearly waste quantities to be 
handled.
            ``(B) A map of the facility site that indicates the 
        location of the facility in relation to the local road system 
        and topographical and hydrological features and any buffer 
        zones and facility units to be acquired by the owner or 
        operator of the facility.
            ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.
            ``(D) A description of environmental controls to be 
        utilized at the facility.
            ``(E) A description of the site access controls to be 
        employed, and 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) Any information that is required by State or Federal 
        law to be provided with respect to any violations of 
        environmental laws (including regulations) by the owner and 
        operator, the disposition of enforcement proceedings taken with 
        respect to the violations, and corrective measures taken as a 
        result of the proceedings.
            ``(H) Any information that is required by State or Federal 
        law to be provided with respect to compliance by the owner or 
        operator with the State solid waste management plan.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not 
apply to landfills and incinerators in operation on the date of 
enactment of this section that--
            ``(A) received during calendar year 1993 documented 
        shipments of out-of-State municipal solid waste; and
            ``(B)(i) in the case of landfills, are in compliance with 
        all applicable Federal and State laws and regulations relating 
        to operation, design and location standards, leachate 
        collection, ground water monitoring, and financial assurance 
        for closure and post-closure and corrective action; or
            ``(ii) in the case of incinerators, are in compliance with 
        the applicable requirements of section 129 of the Clean Air Act 
        (42 U.S.C. 7429) and applicable State laws and regulations 
        relating to facility design and operations.
    ``(2) A State may not prohibit the disposal of out-of-State 
municipal solid waste pursuant to subsection (a)(1) at facilities 
described in this subsection that are not in compliance with applicable 
Federal and State laws and regulations unless disposal of municipal 
solid waste generated within the State at such facilities is also 
prohibited.
    ``(c) Additional Authority To Limit Out-of-State Municipal Solid 
Waste.--(1) In any case in which an affected local government is 
considering entering into a host community agreement and the disposal 
or incineration of out-of-State municipal solid waste under such 
agreement would preclude the use of municipal solid waste management 
capacity described in paragraph (2), the State in which the affected 
local government is located may prohibit the execution of such host 
community agreement with respect to that capacity.
    ``(2) The municipal solid waste management capacity referred to in 
paragraph (1) is that capacity--
            ``(A) that is permitted under Federal or State law;
            ``(B) that is identified under the State plan; and
            ``(C) for which a legally binding commitment between the 
        owner or operator and another party has been made for its use 
        for disposal or incineration of municipal solid waste generated 
        within the region (identified under section 4006(a)) in which 
        the local government is located.
    ``(d) Savings Clause.--Nothing in this section shall be interpreted 
or construed--
            ``(1) to have any effect on State law relating to 
        contracts;
            ``(2) to affect the authority of any State or local 
        government to protect public health and the environment through 
        laws, regulations, and permits, including the authority to 
        limit the total amount of municipal solid waste that landfill 
        or incinerator owners or operators within the jurisdiction of a 
        State may accept during a prescribed period: Provided That such 
        limitations do not discriminate between in-State and out-of-
        State municipal solid waste, except to the extent authorized by 
        this section; or
            ``(3) to authorize, require, result in the violation or 
        failure of, or mandate the renegotiation of, a written, legally 
        binding contract entered into before the enactment of this 
        section.
    ``(e) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', used with 
        respect to a landfill or incinerator, means--
                    ``(i) the public body created by State law with 
                responsibility to plan for municipal solid waste 
                management, a majority of the members of which are 
                elected officials, for the area in which the facility 
                is located or proposed to be located; or
                    ``(ii) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management, 
                or the land or the use of land in the jurisdiction in 
                which the facility is located or is proposed to be 
                located.
            ``(B)(i) Within 90 days after the date of enactment of this 
        section, a Governor may designate and publish notice of which 
        entity listed in clause (i) or (ii) of subparagraph (A) shall 
        serve as the affected local government for actions taken under 
        this section and after publication of such notice.
            ``(ii) If a Governor fails to make and publish notice of 
        such a designation, the affected local government shall be the 
        elected officials of the city, town, township, borough, county, 
        parish, or other public body created pursuant to State law with 
primary jurisdiction over the land or the use of land on which the 
facility is located or is proposed to be located.
            ``(C) For purposes of host community agreements entered 
        into before the date of publication of the notice, the term 
        means either a public body described in subparagraph (A)(i) or 
        the elected officials of any of the public bodies described in 
        subparagraph (A)(ii).
            ``(2) The term `host community agreement' means a written, 
        legally binding document or documents executed by duly 
        authorized officials of an affected local government and an 
        owner or operator of a landfill or incinerator and that 
        specifically authorizes a landfill or incinerator to receive 
        municipal solid waste generated out-of-State, but does not 
        include any agreement to pay differential host community fees 
        for receipt of waste unless additional specific authorization 
        to receive out-of-State municipal solid waste is also included. 
        In the case of an agreement entered into prior to December 31, 
        1987, provisions for the payment of a fee by the owner or 
        operator for disposal by any State or out-of-State entity shall 
        be treated as a specific authorization to import waste from 
        outside the State.
            ``(3) The terms `specifically authorized' `specific 
        authorization' and `specifically authorizes' refer to an 
        explicit authorization, contained in a host community agreement 
        or permit, to import waste from outside the State. Such 
        authorization may include a reference to a fixed radius 
        surrounding the landfill or incinerator that includes an area 
        outside the State or a reference to any place of origin, 
        reference to specific places outside the State, or use of such 
        phrases as `regardless of origin' or `outside the State'. The 
        language for such authorization may vary as long as it 
        reasonably evidences the approval or consent of the affected 
        local government or State for receipt of municipal solid waste 
        from sources outside the State.
            ``(4) The term `out-of-State municipal solid waste' means, 
        with respect to any State, municipal solid waste generated 
        outside of the State. Unless the President determines it is 
        inconsistent with the North American Free Trade Agreement and 
        the General Agreement on Tariffs and Trade, the term shall 
        include municipal solid waste generated outside of the United 
        States. Notwithstanding any other provision of law, generators 
        of municipal solid waste outside the United States shall 
        possess no greater right of access to disposal facilities in a 
        State than United States generators of municipal solid waste 
        outside of that State.
            ``(4) The term `municipal solid waste' means refuse (and 
        refuse-derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial 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). The term `municipal solid waste' does not 
        include--
                    ``(A) any solid waste identified or listed as a 
                hazardous waste under section 3001;
                    ``(B) 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 
                of 1980 (42 U.S.C. 9604 or 9606) or a corrective action 
                taken under this Act;
                    ``(C) any metal, pipe, glass, plastic, paper, 
                textile, or other material that has been separated or 
                diverted from municipal solid waste (as otherwise 
                defined in this paragraph) and has been transported 
                into a State for the purpose of recycling or 
                reclamation;
                    ``(D) 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 of the waste, or is located on 
                        property owned by a company in which the 
                        generator of the waste has an ownership 
                        interest;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal solid waste (as otherwise defined in this 
                paragraph) with respect to the physical and chemical 
                state of the industrial waste, and composition;
                    ``(G) any construction and demolition debris from 
                any source;
                    ``(H) any sewage sludge and residuals from any 
                sewage treatment plant; or
                    ``(I) any combustion ash generated by resource 
                recovery facilities or municipal incinerators, or waste 
                from manufacturing or processing (including pollution 
                control) operations not essentially the same as waste 
                normally generated by households; or
                    ``(J) any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph); or
                    ``(K) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `compliance' means a pattern or practice of 
        adhering to and satisfying standards and requirements 
        promulgated by the Federal or a State government for the 
        purpose of preventing significant harm to human health and the 
        environment. Actions undertaken in accordance with compliance 
        schedules for remediation established by Federal or State 
        enforcement authorities shall be considered compliance for 
        purposes of this section.
    ``(f) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.
    ``(g) Sunset.--The provisions of this section shall cease to apply 
on the date 10 years after the enactment of this section.''.
    (b) 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 solid waste.''.
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