[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 843 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 843

 To prohibit the location of solid and hazardous waste facilities near 
         residential, day care, church, and school properties.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 1997

 Mr. Ford (for himself, Mr. Lewis of Georgia, Mr. Thompson, Mr. Reyes, 
 Mr. Blagojevich, Mr. Jackson of Illinois, Mr. Maloney of Connecticut, 
  Ms. Jackson-Lee of Texas, Mr. Clyburn, Ms. McKinney, Mr. Stark, Mr. 
   Hinojosa, Ms. Eddie Bernice Johnson of Texas, and Ms. Kilpatrick) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the location of solid and hazardous waste facilities near 
         residential, day care, church, and school properties.

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

SECTION 1. LOCATION OF SOLID AND HAZARDOUS WASTE FACILITIES NEAR 
              RESIDENTIAL, DAY CARE, CHURCH, AND SCHOOL PROPERTIES.

    (a) Hazardous Waste Facilities.--(1) Section 3004 of the Solid 
Waste Disposal Act (42 U.S.C. 6924) is amended by adding the following 
at the end thereof:
    ``(z) Proximity to Residential Property, Day Care Property, 
Churches, Schools, and Parks.--The standards under subsection (a)(4) 
shall prohibit the owner or operator of any hazardous waste treatment, 
storage or disposal facility from locating such facility within 5,000 
feet of any residential property, day care property, church property, 
school property, or park property.''.
    (2) The Administrator of the Environmental Protection Agency shall 
promulgate regulations under the amendment made by paragraph (1) of 
this subsection not later than 90 days after the enactment of this Act.
    (b) Solid Waste Facilities.--(1) Section 4003(a) of the Solid Waste 
Disposal Act (42 U.S.C. 6943(a)) is amended by adding the following new 
paragraph after paragraph (6):
            ``(7) The plan shall prohibit the owner or operator of any 
        facility used for the collection, storage, recycling, disposal, 
        or other management of solid waste or recyclable materials from 
        locating such facility within 5,000 feet of any residential 
        property, day care property, church property, school property, 
        and park property.''.
    (2) The Administrator of the Environmental Protection Agency shall 
promulgate regulations under the amendment made by paragraph (1) of 
this subsection not later than 90 days after the enactment of this Act.
    (3) Section 4007(a)(1) of the Solid Waste Disposal Act (42 U.S.C. 
6947(a)(1)) is amended by striking out ``and (5) of section 4003'' and 
inserting ``(5), and (7) of section 4003(a)''.
    (4) Section 4007(a)(2)(A) of such Act (42 U.S.C. 6947(a)(2)(A)) is 
amended by striking out ``and (5) of section 4003'' and inserting 
``(5), or (7) of section 4003(a)''.
    (c) Effective Date.--The amendments made by this Act and the 
regulations promulgated pursuant to such amendments shall take effect 
with respect to any permit or other authorization issued after the date 
120 days after the enactment of this Act for the construction or 
modification (other than a modification necessary for closure) of any 
facility used for the treatment, storage or disposal of hazardous waste 
or of any facility used for the collection, storage, recycling, 
disposal, or other management of solid waste or recyclable materials.
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