[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 465 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 465

    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for restrictions on receipt of out-of-State municipal 
  solid waste and for State control over transportation of municipal 
                  solid waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 23 (legislative day, February 22), 1995

  Mr. Baucus introduced the following bill; which was read twice and 
      referred to the Committee on Environmental and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Solid Waste Disposal Act to provide congressional 
  authorization for restrictions on receipt of out-of-State municipal 
  solid waste and for State control over transportation of municipal 
                  solid waste, and for other purposes.

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

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``State and Local Government 
Interstate Waste Control Act of 1995''.

SEC. 102. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    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) Restriction on Receipt of Out-Of-State Waste.--
            ``(1) In general.--(A) Except as provided in subsections 
        (c), (e), and (h), effective January 1, 1996, a landfill or 
        incinerator in a State may not receive for disposal or 
        incineration any out-of-State municipal solid waste unless the 
        owner or operator of such landfill or incinerator obtains 
        explicit authorization (as part of a host community agreement) 
        from the affected local government to receive the waste.
            ``(B) An authorization granted after enactment of this 
        section pursuant to subparagraph (A) shall--
                    ``(i) be granted by formal action at a meeting;
                    ``(ii) be recorded in writing in the official 
                record of the meeting; and
                    ``(iii) remain in effect according to its terms.
            ``(C) An authorization granted pursuant to subparagraph (A) 
        may specify terms and conditions, including an amount of out-
        of-State waste that an owner or operator may receive and the 
        duration of the authorization.
            ``(D) Promptly, but not later than 90 days after such an 
        authorization is granted, the affected local government shall 
        notify the Governor, contiguous local governments, and any 
        contiguous Indian tribes of an authorization granted under this 
        subsection.
            ``(2) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to this 
        subsection, the owner or operator of the facility seeking such 
        authorization shall provide (and make readily available to the 
        Governor, each contiguous local government and Indian tribe, 
        and any other interested person for inspection and copying) the 
        following information:
                    ``(A) A brief description of the facility, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size, ultimate 
                waste capacity, and the anticipated monthly and yearly 
                quantities (expressed in terms of volume) of waste to 
                be handled.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and hydrogeological features. The map shall 
                indicate any buffer zones to be acquired by the owner 
                or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area (including 
                identification of private wells and public drinking 
                water sources), and a discussion of alterations that 
                may be necessitated by, or occur as a result of, the 
                facility.
                    ``(D) A description of environmental controls 
                typically required to be used on the site (pursuant to 
                permit requirements), including run on or run off 
                management (or both), air pollution control devices, 
                source separation procedures (if any), methane 
                monitoring and control, landfill covers, liners or 
                leachate collection systems, and monitoring programs. 
                In addition, the description shall include a 
                description of any waste residuals generated by the 
                facility, including leachate or ash, and the planned 
                management of the residuals.
                    ``(E) A description of 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) Estimates of the personnel requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preoperational and postoperational 
                levels.
                    ``(H) 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, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective action and rehabilitation 
                measures taken as a result of the proceedings.
                    ``(I) Any information that is required by State or 
                Federal law to be provided with respect to gifts and 
                contributions made by the owner or operator.
                    ``(J) 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.
            ``(3) Notification.--Prior to taking formal action with 
        respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to this subsection, an affected 
        local government shall--
                    ``(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 holding 
                a hearing and again at least 15 days before holding the 
                hearing, except where State law provides for an 
                alternate form of public notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
    ``(b) Annual State Report.--
            ``(1) In general.--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. 
        Within 120 days after enactment of this section and on July 1 
        of each year thereafter each such 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.
            ``(2) Contents.--Each submission referred to in this 
        subsection shall be such as would result in criminal penalties 
        in case of false or misleading information. Such submission 
        shall include the amount of waste received, the State of 
        origin, the identity of the generator, the date of shipment, 
        and the type, of out-of-State municipal solid waste.
            ``(3) List.--The Administrator shall publish a list of 
        States that the Administrator has determined have exported out 
        of State in any of the following calendar years an amount of 
        municipal solid waste in excess of--
                    ``(A) 3.5 million tons in 1996;
                    ``(B) 3.0 million tons in 1997;
                    ``(C) 3.0 million tons in 1998;
                    ``(D) 2.5 million tons in 1999;
                    ``(E) 2.5 million tons in 2000;
                    ``(F) 1.5 million tons in 2001;
                    ``(G) 1.0 million tons in 2002;
                    ``(H) 1.0 million tons in 2003; and
                    ``(I) 1.0 million tons in each calendar year after 
                2003.
        The list for any calendar year shall be published by June 1 of 
        the following calendar year.
            ``(4) Savings provision.--Nothing in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(c) Freeze.--
            ``(1) Annual amount.--(A) Beginning January 1, 1996, except 
        as provided in paragraph (2) and unless it would result in a 
        violation of, or be inconsistent with, a host community 
        agreement or permit specifically authorizing the owner or 
        operator of a landfill or incinerator to accept out-of-State 
        municipal solid waste at such landfill or incinerator, and 
        notwithstanding the absence of a request in writing by the 
        affected local government, a Governor, in accordance with 
        paragraph (3), 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 
        (e) that is subject to the jurisdiction of the Governor, to an 
        annual amount equal to the quantity of out-of-State municipal 
        solid waste received for disposal at such landfill or 
        incinerator during calendar year 1993.
            ``(B) At the request of an affected local government that 
        has not executed a host community agreement, the Governor may 
        limit the amount of out-of-State municipal solid waste received 
        annually for disposal at the landfill or incinerator concerned 
        to the amount described in subparagraph (A). No such limit may 
        conflict with provisions of a permit specifically authorizing 
        the owner or operator to accept, at the facility, out-of-State 
        municipal solid waste.
            ``(C) 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.
            ``(2) Limitation on governor's authority.--A Governor may 
        not exercise the authority granted under this subsection in a 
        manner that would require any owner or operator of a landfill 
        or incinerator covered by the exceptions provided in subsection 
        (e) 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.
            ``(3) Uniformity.--Any limitation imposed by a Governor 
        under paragraph (1)(A)--
                    ``(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.
    ``(d) Ratchet.--
            ``(1) In general.--Unless it would result in a violation 
        of, or be inconsistent with, a host community agreement or 
        permit specifically authorizing the owner or operator of a 
        landfill or incinerator to accept out-of-State municipal solid 
        waste at such landfill or incinerator, immediately upon the 
        date of publication of the list required under subsection 
        (b)(3), and notwithstanding the absence of a request in writing 
        by the affected local government, a Governor, in accordance 
        with paragraph (4), may prohibit the disposal of out-of-State 
        municipal solid waste, at any landfill or incinerator covered 
        by the exceptions in subsection (e) that is subject to the 
        jurisdiction of the Governor, generated in any State that is 
        determined by the Administrator under subsection (b)(3) as 
        having exported, to landfills or incinerators not covered by 
        host community agreements or permits, in any of the following 
        calendar years an amount of municipal solid waste in excess of 
        the following:
                    ``(A) 3.5 million tons in 1996.
                    ``(B) 3.0 million tons in 1997.
                    ``(C) 3.0 million tons in 1998.
                    ``(D) 2.5 million tons in 1999.
                    ``(E) 2.5 million tons in 2000.
                    ``(F) 1.5 million tons in 2001.
                    ``(G) 1.5 million tons in 2002.
                    ``(H) 1.0 million tons in 2003.
                    ``(I) 1.0 million tons in each calendar year after 
                2003.
            ``(2) Additional export limits.--
                    ``(A) Prohibition.--No State may export to any one 
                State more than the following amounts of municipal 
                solid waste in any of the following calendar years:
                            ``(i) 1.4 million tons, or 90 percent of 
                        the 1993 levels exported to the State, 
                        whichever is greater, in 1996;
                            ``(ii) 1.3 million tons, or 90 percent of 
                        the 1996 levels exported to the State, 
                        whichever is greater, in 1997;
                            ``(iii) 1.2 million tons, or 90 percent of 
                        the 1997 levels exported to a State, whichever 
                        is greater, in 1998;
                            ``(iv) 1.1 million tons, or 90 percent of 
                        the 1998 levels exported to a State, whichever 
                        is greater, in 1999;
                            ``(v) 1 million tons in 2000;
                            ``(vi) 800,000 tons in 2001;
                            ``(vii) 600,000 tons in 2002; or
                            ``(viii) 600,000 tons in any year after 
                        2002,
                to landfills or incinerators not covered by host 
                community agreements or permits authorizing receipt of 
                out-of-State municipal solid waste.
                    ``(B) Action by governor.--The Governor of an 
                importing State may restrict levels of imports of 
                municipal solid waste into that State to reflect the 
                levels specified in subparagraph (A) if--
                            ``(i) the Governor of the importing State 
                        has notified the Governor of the exporting 
                        State and the Administrator 12 months prior to 
                        enforcement 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 the enforcement of this section; 
                        and
                            ``(iii) the restrictions imposed by the 
                        Governor of the importing State are uniform at 
                        all facilities within the State receiving 
                        municipal solid waste from the exporting State.
            ``(3) Duration.--The authority provided by paragraph (1) or 
        (2) or both shall apply for as long as a State exceeds the 
        levels allowable under paragraph (1) or (2), as the case may 
        be.
            ``(4) Uniformity.--Any restriction imposed by a State under 
        paragraph (1) or (2)--
                    ``(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 State of origin, in the case of 
                States in violation of paragraph (1) or (2).
    ``(e) Authorization Not Required for Certain Facilities.--
            ``(1) In general.--The prohibition on the disposal of out-
        of-State municipal solid waste in subsection (a) shall not 
        apply to landfills and incinerators that--
                    ``(A) were in operation on the date of enactment of 
                this section and received during calendar year 1993 
                documented shipments of out-of-State municipal solid 
                waste, or
                    ``(B) before the date of enactment of this section, 
                the owner or operator entered into a host community 
                agreement or received a permit specifically authorizing 
                the owner or operator to accept at the landfill or 
                incinerator municipal solid waste generated outside the 
                State in which it is or will be located.
            ``(2) Availability of documentation.--The owner or operator 
        of a landfill or incinerator that is exempt under paragraph (1) 
        of this subsection from the requirements of subsection (a) 
        shall provide to the State and affected local government, and 
        make available for inspection by the public in the affected 
        local community, a copy of the host community agreement or 
        permit referenced in paragraph (1). The owner or operator may 
        omit from such copy or other documentation any proprietary 
        information, but shall ensure that at least the following 
        information is apparent: the volume of out-of-State municipal 
        solid waste received, the place of origin of the waste, and the 
        duration of any relevant contract.
            ``(3) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste in the absence of a host community 
        agreement if the operating permit or license for the landfill 
        or incinerator (or renewal thereof) was denied or revoked by 
        the appropriate State agency before the date of enactment of 
        this section unless such permit or license (or renewal) has 
        been reinstated as of such date of enactment.
            ``(4) Waste within bi-state metropolitan statistical 
        areas.--The owner or operator of a landfill or incinerator in a 
        State may receive out-of-State municipal solid waste without 
        obtaining authorization under subsection (a) from the affected 
        local government if the out-of-State waste is generated within, 
        and the landfill or incinerator is located within, the same bi-
        State level A metropolitan statistical area (as defined by the 
        Office of Management and Budget and as listed by the Office of 
        Management and Budget as of the date of enactment of this 
        section) that contains two contiguous major cities each of 
        which is in a different State.
    ``(f) Needs Determination.--Any comprehensive solid waste 
management plan adopted by an affected local government pursuant to 
Federal or State law may take into account local and regional needs for 
solid waste disposal capacity. Any implementation of such plan through 
the State permitting process may take into account local and regional 
needs for solid waste disposal capacity only in a manner that is not 
inconsistent with the provisions of this section. Nothing in this 
subsection shall be construed to prohibit or preclude any State 
government or solid waste management district, as defined under State 
law, from requiring any affected local government to site, construct, 
expand, or require the installation of environmental equipment at, any 
solid waste facility.
    ``(g) 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.
    ``(h) Savings Clause.--Nothing in this section shall be interpreted 
or construed to have any effect on State law relating to contracts or 
to authorize or result in the violation or failure to perform the terms 
of a written, legally binding contract entered into before enactment of 
this section during the life of the contract as determined under State 
law.
    ``(i) Definitions.--As used in this section:
            ``(1) Affected local government.--(A) For any landfill or 
        incinerator, the term `affected local government' means--
                    ``(i) 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; or
                    ``(ii) if there is no such body created by State 
                law--
                            ``(I) the elected officials of the city, 
                        town, township, borough, county, or parish 
                        selected by the Governor and exercising primary 
                        responsibility over municipal solid waste 
                        management or the use of land in the 
                        jurisdiction in which the facility is located 
                        or is proposed to be located; or
                            ``(II) if a Governor fails to make a 
                        selection under subclause (I), and publish a 
                        notice regarding the selection, within 90 days 
                        after the date of enactment of this section, 
                        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.
        The Governor shall publish a notice regarding the selection 
        described in clause (ii).
            ``(B) Notwithstanding subparagraph (A), for purposes of 
        host community agreements entered into before the date of 
        enactment of this section (or before the date of publication of 
        notice, in the case of subparagraph (A)(ii)), the term shall 
        mean either the public body described in clause (i) or the 
        elected officials of the city, town, township, borough, county, 
        or parish exercising primary responsibility for municipal solid 
        waste management or the use of land on which the facility is 
        located or proposed to be located.
            ``(C) Two or more Governors of adjoining States may use the 
        authority provided in section 1005(b) to enter into an 
        agreement under which contiguous units of local government 
        located in each of the adjoining States may act jointly as the 
        affected local government for purposes of providing 
        authorization under subsection (a) for municipal solid waste 
generated in one of the jurisdictions described in subparagraph (A) and 
received for disposal or incineration in another.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding document or 
        documents executed by duly authorized officials of the affected 
        local government that specifically authorizes a landfill or 
        incinerator to receive municipal solid waste generated out-of-
        State, but does not include any agreement to pay host community 
        fees for receipt of waste unless additional express 
        authorization to receive out-of-State municipal solid waste is 
        also included.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means refuse (and refuse-derived fuel) generated by the 
        general public, from a residential source, or from a 
        commercial, institutional, or industrial source (or any 
        combination thereof) to the extent such waste is essentially 
        the same as waste normally generated by households or was 
        collected and disposed of with other municipal solid waste as 
        part of normal municipal solid waste collection services, and 
        regardless of when generated, would be considered conditionally 
        exempt small quantity generator waste under section 3001(d), 
        such as paper, food, wood, yard wastes, plastics, leather, 
        rubber, appliances, or other combustible or noncombustible 
        materials such as metal or glass (or any combination thereof). 
        The term `municipal solid waste' does not include any of the 
        following:
                    ``(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) 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.
                    ``(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 with which the 
                        generator is affiliated.
                    ``(E) Any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation.
                    ``(F) Sewage sludge and residuals from any sewage 
                treatment plant, including any sewage treatment plant 
                required to be constructed in the State of 
                Massachusetts pursuant to any court order issued 
                against the Massachusetts Water Resources Authority.
                    ``(G) 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.
                    ``(H) Any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph).
                    ``(I) Any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(4)  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. 
        Unless the President determines it is not consistent 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.
            ``(5) Specifically authorized; specifically authorizes.--
        The terms `specifically authorized' 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 clearly and affirmatively states the approval or consent of 
        the affected local government or State for receipt of municipal 
        solid waste from sources or locations outside the State.''.

SEC. 103. 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 after the item relating 
to section 4010 the following new item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.''.
                                 <all>
S 465 IS----2