[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 422 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 422

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1995

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

_______________________________________________________________________

                                 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.

    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) Amendment of Subtitle D.--Subtitle C of the Solid Waste 
Disposal Act is amended by adding the following new section at the end 
thereof:

``SEC. 3024. COMMUNITY INFORMATION STATEMENT.

    ``(a) Regulations.--Not later than one year after the 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 off-site hazardous 
waste treatment or disposal facility. Each such statement shall be made 
available for public review. The final statement for any facility shall 
be available for public review before the earlier of (1) 60 days before 
a public hearing is conducted by the permitting authority regarding the 
proposed issuance of such permit or (2) the date one year after the 
date on which an independent contractor is selected under subsection 
(b). The permitting authority shall take the community information 
statement into account in making any final decision regarding the 
issuance of such permit and in establishing any conditions to be 
imposed in such permit. Such statement shall be a part of the record on 
which the permitting decision is based.
    ``(b) Selection of Independent Contractor to Prepare Statement.--
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. If the 
applicant and chief elected official do not agree on the selection of 
any 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 such statement identifies and describes 
each of the following:
            ``(1) The effects of such facility on the host community, 
        including the effects on the local economy and employment, 
        housing, public safety and emergency preparedness, 
        transportation systems, and recreational amenities and tourism 
        in the area.
            ``(2) The types of wastes expected to enter the facility 
        and the types of releases expected from the facility and any 
        human health impacts associated with such wastes and with such 
        releases.
            ``(3) The options or alternatives for mitigating any such 
        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) has occurred and the extent to which such site 
                has been remediated.
            ``(6) Permit applicant's record of compliance with State 
        and Federal environmental regulations and laws, and the record 
        of such compliance by any firm engaged to operate the facility 
        or any firm which controls or is affiliated with the applicant, 
        including any serious violations thereof.
The 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 such facility. In any permitting proceeding respecting such 
facility the permitting authority shall take the statement into 
account, and in any such proceeding the statement shall be treated as 
satisfying the requirements of this section unless the statement 
contained material misstatements or omissions which affected the 
permitting authority's decision.
    ``(e) Definitions.--As used in this section--
            ``(1) The term `new off site hazardous waste treatment or 
        disposal facility' means a hazardous waste treatment or 
        disposal facility which--
                    ``(A) accepts for treatment or disposal hazardous 
                waste that is not generated at the site of such 
                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.
        Such term shall not include any facility existing on such date 
        but shall include an expansion of such an existing facility if 
        a new permit is required after such date for such expansion and 
        if such expansion, together with all other expansions 
        constructed after such date (or after the preparation of the 
        last statement under this section with respect to such 
        facility, whichever is later) increases the capacity of the 
        facility by more than 50 percent.
            ``(2) The term `affected host community' means the county, 
        municipality, town, or township or other general purpose unit 
        of local government which has primary jurisdiction over the use 
        of the land on which a facility is located or proposed to be 
        located.
            ``(3) 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 off site facility for the treatment, 
        storage, or disposal of hazardous waste.''.
    (b) Table of Contents.--The table of contents for subtitle C of 
such Act is amended by adding the following new item after the item 
relating to section 3023:

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

                                 <all>