[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4049 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4049

To permit States to prohibit the disposal of solid waste imported from 
                             other nations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1996

 Mr. Gillmor introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To permit States to prohibit the disposal of solid waste imported from 
                             other nations.

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

SECTION 1. DISPOSAL OF SOLID WASTE IMPORTED FROM OTHER NATIONS.

    (a) In General.--Subtitle A of the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding after section 1008 the 
following new section:

``SEC. 1009. DISPOSAL OF SOLID WASTE IMPORTED FROM OTHER NATIONS.

    ``(a) Ban on Disposal of Foreign Solid Waste.--After the date of 
enactment of this section, any State may prohibit the disposal in that 
State of any solid waste imported into the United States from any 
foreign country.
    ``(b) Exemption.--(1) No State prohibition under subsection (a) 
shall apply to any solid waste received at a solid waste disposal 
facility pursuant to an existing host community agreement if--
            ``(A) the agreement specifically authorizes the owner or 
        operator of the facility at which such waste is received to 
        accept foreign solid waste; and
            ``(B) the owner or operator complies with all of the terms 
        and conditions of the host community agreement.
The owner or operator shall provide a copy of the host community 
agreement, within 90 days after the enactment of this Act, to the State 
and affected local government and make such a copy available for 
inspection by the public in the affected local community.
    ``(2) Requirement for Compliance With Certain Requirements.--The 
exemption under this subsection shall not apply to a solid waste 
disposal facility in operation on the date of the enactment of this 
section if the State determines that the facility was not in compliance 
as of such date with applicable Federal and State laws and regulations 
relating to facility operation and design and--
            ``(A) in the case of landfills, facility location 
        standards, leachate collection standards, groundwater 
        monitoring standards, and standards for financial assurance and 
        for closure and post-closure and corrective action, or
            ``(B) in the case of incinerators, the applicable 
        requirements of section 129 of the Clean Air Act (42 U.S.C. 
        7429),
and that such noncompliance constitutes a threat to human health or the 
environment.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Affected local government.--For any solid waste 
        disposal facility, the term `affected local government' shall 
        mean--
                    ``(A) the public body authorized by State law to 
                plan for the management of 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, or
                    ``(B) if there is no such body created by State 
                law, 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) Host community agreement.--The term `host community 
        agreement' means a written, legally binding agreement, lawfully 
        entered into between an owner or operator of a solid waste 
        disposal facility and an affected local government, that 
        specifically authorizes the facility to receive foreign solid 
        waste.
            ``(3) Existing host community agreement.--The term 
        `existing host community agreement' means a host community 
        agreement that is in effect as of the date of the enactment of 
        this section.
            ``(4) Foreign solid waste.--The term `foreign waste', means 
        waste generated outside of the United States.
            ``(5) Specific authorization.--For purposes of this 
        section, the term `specifically authorizes' refers to an 
        explicit authorization, contained in a host community agreement 
        or permit, to accept for disposal waste from outside the United 
        States. The language for such authorization may vary as long as 
        it reasonably evidences such approval or consent. The term 
        shall not include general references to the receipt of waste 
        from outside the jurisdiction of the affected local 
        government.''.
    (b) Table of Contents.--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 1008 the following new item:

``Sec. 1009. Disposal of solid waste imported from other nations.''.
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