[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 373 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 373

 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

             February 8 (legislative day, January 30), 1995

  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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Regulation and Management of 
Solid Waste Act of 1995''.

                      TITLE I--GENERAL AMENDMENTS

SEC. 101. FINDINGS.

    (a) Solid Waste.--Section 1002(a)(4) of the Solid Waste Disposal 
Act (42 U.S.C. 6901(a)) 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 
        described in this subsection have become a matter national in 
        scope and in concern and necessitate Federal action by--
                    ``(A) requiring that each State develop a program 
                for the management and disposal of solid waste 
                generated within each State by the year 2015;
                    ``(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) providing financial and technical assistance 
                and leadership in the development, demonstration, and 
                application of new and improved methods and processes 
                to reduce the quantity of waste and unsalvageable 
                materials and to provide for proper and economical 
                solid waste disposal practices.''.
    (b) Environment and Health.--Section 1002(b) of the Solid Waste 
Disposal Act (42 U.S.C. 6901(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking paragraph (8) and inserting the following:
            ``(8) alternatives to existing methods of land disposal 
        must be developed, because it is estimated that 80 percent of 
        all permitted landfills will close by the year 2015; and''; and
            (3) by adding at the end the following new paragraph:
            ``(9) the transportation of solid waste long distances 
        across country for purposes of solid waste management and, in 
        some cases, in the same vehicles that carry consumer goods is 
        harmful to the public health and measures should be adopted to 
        ensure public health is protected when the goods are 
        transported in the same vehicles as solid waste is 
        transported.''.

SEC. 102. OBJECTIVES AND NATIONAL POLICY.

    (a) Objectives.--Section 1003(a) of the Solid Waste Disposal Act 
(42 U.S.C. 6902(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) ensuring that each State has a program to manage 
        solid waste generated within its borders and 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) that 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;'';
            (2) by striking ``and'' at the end of paragraph (10);
            (3) by striking the period at the end of paragraph (11) and 
        inserting a semicolon; and
            (4) by adding at the end 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. 103. DEFINITIONS.

    Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is 
amended--
            (1) by striking paragraph (12) and inserting the following:
            ``(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.'';
            (2) in paragraph (28), by inserting ``recycling, resource 
        recovery,'' before ``treatment,'';
            (3) in paragraph (29)(C), by inserting ``recycling,'' 
        before ``treatment'';
            (4) in paragraph (32)--
                    (A) by striking ``means any'' and inserting 
                ``means--
                    ``(A) any'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) refuse (or refuse-derived fuel) collected 
                from the general public more than 30 percent 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 waste, medical 
                waste, hazardous waste, or `hazardous substance', as 
                those terms are defined in section 1004 or in section 
                101 of the Comprehensive Environmental Response, 
                Compensation and Liability Act (42 U.S.C. 6901).''; and
            (5) by adding at the end the following new paragraphs:
            ``(42) The term `recycling' means any use, reuse or 
        reclamation of a solid waste.
            ``(43) The term `State of final destination' means a State 
        that authorizes a person to transport solid waste from a State 
        of origin into the State for purposes of solid waste management 
        other than transportation.
            ``(44) The term `State of origin' means a 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.''.

              TITLE II--STATE SOLID WASTE MANAGEMENT PLANS

SEC. 201. OBJECTIVES OF SUBTITLE D.

    Section 4001 of the Solid Waste Disposal Act (42 U.S.C. 6941) is 
amended to read as follows:

``SEC. 4001. OBJECTIVES OF SUBTITLE.

    ``(a) In General.--The objectives of this subtitle are to reduce to 
the maximum extent practicable the quantity of solid waste generated 
and disposed of prior to the year 2015 by requiring each State to 
develop a program that--
            ``(1) meets the objectives set out in section 102;
            ``(2) reduces the quantity of solid waste generated in the 
        State and encourages resource conservation; and
            ``(3) facilitates the recycling of solid waste and the 
        utilization of valuable resources, including energy and 
        materials that are recoverable from solid waste.
    ``(b) Means.--The objectives stated in subsection (a) are to be 
accomplished through--
            ``(1) Federal guidelines and technical and financial 
        assistance to States;
            ``(2) encouragement of cooperation among Federal, State, 
        and local governments and private individuals and industry;
            ``(3) encouragement of States to enter into interstate or 
        regional agreements to facilitate environmentally sound and 
        efficient solid waste management; and
            ``(4) approval and oversight of the implementation of solid 
        waste management plans.''.

SEC. 202. STATE SOLID WASTE MANAGEMENT PLANS.

    (a) Minimum Requirements.--Section 4003 of the Solid Waste Disposal 
Act (42 U.S.C. 6943) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``each State plan must comply with the 
                following minimum requirements--'' and inserting ``each 
                State Solid Waste Management Plan must comply with the 
                following minimum requirements:'';
                    (B) by striking paragraphs (5) and (6) and 
                inserting the following:
            ``(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 20 years following the year 1995 and that are reasonably 
        expected to be managed within the State during each of those 
        years.
            ``(6) The plan shall provide that the State acting 
        directly, through authorized persons, or through interstate or 
        regional agreements, will ensure the availability of solid 
        waste management capacity to manage the solid waste described 
        in paragraph (5) in a manner that is environmentally sound and 
        that meets the objectives of this subtitle.''; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(7) When identifying the quantity of solid waste 
        management capacity necessary to manage the solid waste 
        described in paragraph (5), the State shall take into account 
        solid waste management agreements in effect upon the date of 
        enactment of this paragraph that exist between a person 
        operating within the State and any person in a State or States 
        contiguous with the State.
            ``(8) The plan shall provide for the identification and 
        annual certification to the Administrator concerning--
                    ``(A) how the State has met the objectives of this 
                subtitle;
                    ``(B) whether the State has issued permits 
                consistent with all the requirements of this Act for 
                capacity sufficient to manage the solid waste described 
                in paragraph (5) for an ensuing 5-year period; and
                    ``(C) identification and approval by the State of 
                the sites for capacity described in paragraph (5) for 
                an ensuing 8-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)(A) 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 described in 
        paragraph (5).
            ``(B) Registration of facilities for the purpose of 
        subparagraph (A) shall at a minimum include--
                    ``(i) the name and address of the owner and 
                operator of the facility;
                    ``(ii) the address of the solid waste management 
                facility;
                    ``(iii) the type of solid waste management used at 
                the facility; and
                    ``(iv) the quantities, 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--
                    ``(A) 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
                    ``(B) ensure that the waste is managed in 
                accordance with the plan and that acceptance of the 
                waste will not impede the ability of the State of final 
                destination to manage solid waste generated within its 
                borders.''; and
            (2) by adding at the end the following new subsection:
    ``(e) Prohibition.--Upon the expiration of 180 days after the date 
of approval of a State's Solid Waste Management Plan required by this 
section or on the date on which 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 the activities are authorized and conducted 
pursuant to the approved plan.''.
    (b) Procedure.--Section 4006 of the Solid Waste Disposal Act (42 
U.S.C. 6946) is amended by adding at the end the following new 
subsection:
    ``(d) Submission of Plans.--Not later than 4 years after the date 
of enactment of this subsection, 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).''.
    (c) Approval.--Section 4007 of the Solid Waste Disposal Act (42 
U.S.C. 6947) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) it meets the requirements of section 4003(a);''.
                    (B) by striking the period at the end of paragraph 
                (2) and inserting ``; and'';
                    (C) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) it furthers the objectives of section 4001.''; and
                    (D) by striking the third sentence and inserting 
                the following: ``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 section 4003, and if the 
                Administrator determines that revision or corrections 
                are necessary to bring the plan into compliance with 
                the minimum requirements promulgated under section 4003 
                (including new or revised requirements), the 
                Administrator shall, after notice and opportunity for 
                public hearing, withhold approval of the plan.''; and
            (2) by adding at the end the following new subsection:
    ``(d) Failure of the Administrator To Act on a State Plan.--If the 
Administrator fails to approve or disapprove a plan within 18 months 
after a State plan has been submitted for approval, the State plan as 
submitted shall go into effect at the expiration of 18 months after the 
plan was submitted, 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.

    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 sections:

``SEC. 4011. AUTHORITY TO RESTRICT INTERSTATE TRANSPORT OF SOLID WASTE.

    (a) In General.--Upon the expiration of 180 days after the date on 
which the Administrator approves a Solid Waste Management Plan required 
by section 4003 or after the date a State plan becomes effective in 
accordance with section 4007(d), a State with an approved or effective 
State plan may prohibit or restrict a person from importing solid waste 
from a State of origin for purposes of solid waste management (other 
than transportation).
    ``(b) Limitation.--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 section 
4003(a)(12).

``SEC. 4012. FEES.

    ``(a) In General.--A State may levy fees on solid waste that 
differentiate rates or other aspects of payment on the basis of solid 
waste origin.
    ``(b) Allocation.--At least 50 percent of the revenues received 
from the fees collected shall be allocated by the State to the local 
government of the jurisdictions in which the solid waste will be 
managed. The fees shall be used by local governments for the purpose of 
carrying out an approved plan.''.

                     TITLE IV--FINANCIAL ASSISTANCE

SEC. 401. FEDERAL ASSISTANCE.

    Section 4008(a) of the Solid Waste Disposal Act (42 U.S.C. 6948) is 
amended--
            (1) in paragraph (1), by striking ``appropriated'' and all 
        that follows through ``1988'' and inserting ``appropriated 
        $100,000,000 for each of fiscal years 1996, 1997, and 1998''; 
        and
            (2) by adding at the end of paragraph (2) the following new 
        subparagraph:
    ``(E) There are authorized to be appropriated $25,000,000 for each 
of fiscal years 1996 through 1998 for the purposes of providing grants 
to States for the encouragement of recycling, resource recovery, and 
resource conservation activities. The 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.

    Section 4009(d) of the Solid Waste Disposal Act (42 U.S.C. 6949) is 
amended--
            (1) in subsection (a), by striking ``section 4005'' and 
        inserting ``sections 4004 and 4005''; and
            (2) by striking subsection (d) and inserting the following:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 1996, 1997, and 1998.''.
                                 <all>