[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 542 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 542

 To amend the Solid Waste Disposal Act to allow States to regulate the 
 disposal of municipal solid waste generated outside of the State, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 13 (legislative day, March 6), 1995

  Mr. Conrad 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 allow States to regulate the 
 disposal of municipal solid waste generated outside of the State, 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. AUTHORITY TO REGULATE OUT-OF-STATE 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. AUTHORIZATION FOR STATES TO REGULATE MUNICIPAL SOLID WASTE 
              GENERATED IN ANOTHER STATE.

    ``(a) Definitions.--In this section:
            ``(1) Affected local government.--The term `affected local 
        government' means the elected officials of a political 
        subdivision of a State in which a facility for the treatment, 
        incineration, or disposal of municipal solid waste is located 
        (as designated by the State pursuant to subsection (d)).
            ``(2) Affected local solid waste planning unit.--The term 
        `affected local solid waste planning unit' means a planning 
        unit, established pursuant to State law, that has--
                    ``(A) jurisdiction over the geographic area in 
                which a facility for the treatment, incineration, or 
                disposal of municipal waste is located; and
                    ``(B) authority relating to solid waste management 
                planning.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste'--
                    ``(A) means refuse, and any nonhazardous residue 
                generated from the combustion of the refuse, generated 
                by--
                            ``(i) the general public;
                            ``(ii) a residential, commercial, or 
                        industrial source (or any combination of the 
                        sources); or
                            ``(iii) a municipal solid waste incinerator 
                        facility; and
                    ``(B) includes refuse that consists of paper, wood, 
                yard waste, plastic, leather, rubber, or other 
                combustible or noncombustible material such as metal or 
                glass (or any combination of the materials); but
                    ``(C) does not include--
                            ``(i) hazardous waste identified under 
                        section 3001;
                            ``(ii) waste resulting from an action taken 
                        under section 104 or 106 of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability Act of 1980 (42 U.S.C. 9604, 9606);
                            ``(iii) material collected for the purpose 
                        of recycling or reclamation;
                            ``(iv) waste generated in the provision of 
                        service in interstate, intrastate, foreign, or 
                        overseas air transportation;
                            ``(v) industrial waste (including debris 
                        from construction or demolition) that is not 
identical to municipal solid waste in composition and physical and 
chemical characteristics; or
                            ``(vi) medical waste that is segregated 
                        from municipal solid waste.
    ``(b) Authority To Regulate.--
            ``(1) In general.--Each State is authorized to enact and 
        enforce a State law that regulates the treatment, incineration, 
        and disposal of municipal solid waste generated in another 
        State.
            ``(2) Authorities.--A State law described in paragraph (1) 
        may include provisions for--
                    ``(A) the imposition of a ban or limit on the 
                importation of municipal solid waste generated outside 
                of the State; and
                    ``(B) the collection of differential fees or other 
                charges for the treatment, incineration, or disposal of 
                municipal solid waste generated in another State.
    ``(c) Local Government Approval.--
            ``(1) In general.--Except as provided in paragraph (2) or 
        as otherwise provided under State law, the owner or operator of 
        a landfill, incinerator, or other waste disposal facility in a 
        State may not accept for treatment, incineration, or disposal 
        any municipal solid waste generated outside of the State unless 
        the owner or operator has obtained a written authorization to 
        accept the waste from--
                    ``(A) the affected local government; and
                    ``(B) any affected local solid waste planning unit 
                established under State law.
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply 
                with respect to an owner or operator of a landfill, 
                incinerator, or other waste disposal facility that--
                            ``(i) otherwise complies with all 
                        applicable laws of the State in which the 
                        facility is located relating to the treatment, 
                        incineration, or disposal of municipal solid 
                        waste; and
                            ``(ii) prior to the date of enactment of 
                        this section, accepted for treatment, 
                        incineration, or disposal municipal solid waste 
                        generated outside of the State.
                    ``(B) Existing authorizations.--An owner or 
                operator of a facility described in paragraph (1) that, 
                prior to the date of enactment of this section, 
                obtained a written authorization from--
                            ``(i) the appropriate official of a 
                        political subdivision of the State (as 
                        determined by the State); and
                            ``(ii) any affected local solid waste 
                        planning unit established pursuant to the law 
                        of the State,
                to carry out the treatment, incineration, or disposal 
                of municipal solid waste generated outside of the State 
                shall, during the period of authorization, be 
                considered to be in compliance with the requirements of 
                paragraph (1).
                    ``(C) Facilities under construction.--If, prior to 
                the date of enactment of this section, an appropriate 
                political subdivision of a State (as determined by the 
                State) and any affected local solid waste planning unit 
                established under the law of the State issued a written 
                authorization for a facility that is under 
                construction, or is to be constructed, to accept for 
                treatment, incineration, or disposal municipal solid 
                waste generated outside the State, the owner or 
                operator of the facility, when construction is 
                completed, shall be considered to be in compliance with 
                paragraph (1) during the period of authorization.
            ``(3) Expansion of facilities.--An owner or operator that 
        expands a landfill, incinerator, or other waste disposal 
        facility shall be required to obtain the authorizations 
        required under paragraph (1) prior to accepting for treatment, 
        incineration, or disposal municipal solid waste that is 
        generated outside the State.
            ``(4) Prior disclosure.--Prior to formal action with 
        respect to an authorization to receive municipal solid waste or 
        incinerator ash generated outside the State, the affected local 
        government and the affected local solid waste planning unit 
        shall--
                    ``(A) require from the owner or operator of the 
                facility seeking the authorization and make readily 
                available to the Governor, adjoining Indian tribes, and 
                other interested persons for inspection and copying--
                            ``(i) a brief description of the planned 
                        facility, including a description of the 
                        facility size, ultimate waste capacity, and 
                        anticipated monthly and yearly waste quantity 
                        to be handled;
                            ``(ii) a map of the facility site that 
                        discloses--
                                    ``(I) the location of the facility 
                                in relation to the local road system 
                                and topographical and hydrological 
                                features; and
                                    ``(II) any buffer zones and 
                                facility units that are to be acquired 
                                by the owner or operator of the 
                                facility;
                            ``(iii) a description of the then current 
                        environmental characteristics of the site, 
                        including information regarding--
                                    ``(I) ground water resources; and
                                    ``(II) alterations that may be 
                                necessitated by or occur as a result of 
                                the facility;
                            ``(iv) a description of--
                                    ``(I) appropriate environmental 
                                controls to be used at the site, 
                                including run-on or run-off management, 
                                air pollution control devices, source 
                                separation procedures, methane 
                                monitoring and control, landfill 
                                covers, liners, leachate collection 
                                systems, and monitoring and testing 
                                programs; and
                                    ``(II) any waste residuals 
                                generated by the facility, including 
                                leachate or ash, and the planned 
                                management of the residuals;
                            ``(v) 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;
                            ``(vi) a list of all required Federal, 
                        State, and local permits required to operate 
                        the landfill and receive waste generated 
                        outside of the State;
                            ``(vii) estimates of the personnel 
                        requirements of the facility, including 
                        information regarding the probable skill and 
                        education levels required for jobs at the 
                        facility that distinguishes between employment 
                        statistics for pre-operational levels and those 
                        for post-operational levels;
                            ``(viii)(I) information with respect to any 
                        violations of regulations by the owner or 
                        operator, or subsidiaries;
                            ``(II) the disposition of enforcement 
                        proceedings taken with respect to the 
                        violations; and
                            ``(III) corrective action and 
                        rehabilitation measures taken as a result of 
                        the proceedings;
                            ``(ix) information required by State law to 
                        be provided with respect to gifts, 
                        contributions, and contracts by the owner or 
                        operator to any elected or appointed public 
                        official, agency, institution, business, or 
                        charity located within the affected local area 
                        to be served by the facility;
                            ``(x) information required by State law to 
                        be provided by the owner or operator with 
                        respect to compliance by the owner or operator 
                        with the State solid waste management plan in 
                        effect pursuant to section 4007;
                            ``(xi) information with respect to the 
                        source and amount of capital required to 
                        construct and operate the facility in 
                        accordance with the information provided under 
                        clauses (i) through (vii); and
                            ``(xii) information with respect to the 
                        source and amount of insurance, collateral, or 
                        bond secured by the applicant to meet all 
                        Federal and State requirements;
                    ``(B) provide opportunity for public comment, 
                including at least 1 public hearing; and
                    ``(C) not less than 30 days prior to formal 
                action--
                            ``(i) publish notice of the action in a 
                        newspaper of general circulation; and
                            ``(ii) notify the Governor, adjoining local 
                        governments, and adjoining Indian tribes.
    ``(d) Designation of Affected Local Government.--Not later than 90 
days after the date of enactment of this section, the Governor of each 
State shall, for the purpose of this section, designate the type of 
political subdivision of the State that shall serve as the affected 
local government with respect to authorizing a facility to accept for 
treatment, incineration, or disposal of municipal solid waste generated 
outside of the State. If the Governor of a State fails to make a 
designation by the date specified in this subsection, the affected 
local government shall be the public body with primary jurisdiction 
over the land or use of the land on which the facility is located.''.
    (b) Table of Contents.--The table of contents for subtitle D of the 
Solid Waste Disposal Act is amended by adding after the item relating 
to section 4010 the following new item:

``Sec. 4011. Authorization for States to regulate municipal solid waste 
                            generated in another State.''.
                                 <all>