[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 448 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 448

 To amend the Solid Waste Disposal Act to authorize local governments 
   and Governors to restrict receipt of out-of-State municipal solid 
                     waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 1997

   Mr. Robb 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 authorize local governments 
   and Governors to restrict receipt of out-of-State 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Government Interstate Waste 
Control Act''.

SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    (a) In General.--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. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    ``(a) Restriction on Receipt of Out-Of-State Waste.--
            ``(1) In general.--
                    ``(A) Authorization.--Subject to subsections (b) 
                and (e), the owner or operator of a facility that is 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 obtains 
                authorization to receive the waste from the affected 
                local government.
                    ``(B) Requirements for authorization.--An 
                authorization granted pursuant to subparagraph (A) 
                shall be--
                            ``(i) granted by formal action at a 
                        meeting;
                            ``(ii) recorded in writing in the official 
                        record of the meeting; and
                            ``(iii) final.
            ``(2) Information.--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 require the owner or operator of the 
        facility seeking the authorization to provide the following 
        information (which the government shall make readily available 
        to the Governor of the State, each adjoining local government 
        and Indian tribe, and any other interested person for 
        inspection and copying):
                    ``(A) A brief description of the facility, 
                including the size of, ultimate waste capacity of, and 
                the anticipated monthly and yearly quantities 
                (expressed in terms of volume) of waste to be handled 
                by--
                            ``(i) the facility as in existence on the 
                        date of provision of the information; and
                            ``(ii) the facility, including any planned 
                        expansion.
                    ``(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 environmental 
                characteristics of the site, as in existence on the 
                date of provision of the information, including 
                information regarding ground water resources, and a 
                discussion of alterations in the characteristics of the 
                site that may be necessitated by, or occur as a result 
                of, the facility.
                    ``(D) A description of appropriate environmental 
                controls to be used on the site, including runon or 
                runoff 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 skill and education levels required prior to operation 
of the facility, and the statistics for the levels required on or after 
the first day of operation of the facility.
                    ``(H) Any information that is required by State law 
                to be provided with respect to any violation 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 violation, and corrective 
                action and rehabilitation measures taken as a result of 
                the proceedings.
                    ``(I) Any information that is required by State law 
                to be provided with respect to gifts and contributions 
                made by the owner and operator.
                    ``(J) Any information that is 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.
            ``(3) Notification prior to formal action.--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, adjoining local 
                governments, and any adjoining Indian tribes, of the 
                proposed action;
                    ``(B)(i) 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; or
                    ``(ii) if State law provides for an alternative 
                form of public notification, provide such notification 
                concerning the action; and
                    ``(C) provide an opportunity for public comment on 
                the action, including at least 1 public hearing, in 
                accordance with State law.
            ``(4) Notification of action.--The local government shall 
        notify the Governor, adjoining local governments, and any 
        adjoining Indian tribes of an authorization granted under this 
        subsection.
    ``(b) Limitations and Applicability.--
            ``(1) Landfills and incinerators in operation or under 
        construction.--Subsection (a) shall not apply to an operator of 
        a facility that is a landfill or incinerator with respect to 
        the landfill or incinerator if--
                    ``(A)(i) during the 1-year period preceding the 
                date of enactment of this section, the owner or 
                operator received at the landfill or incinerator, in 
                accordance with State law (as in effect during the 1-
                year period), documented shipments (within the meaning 
                of paragraph (2)) of out-of-State municipal solid 
                waste; or
                    ``(ii) before the date of enactment of this 
                section, entered into a host agreement or otherwise 
                obtained legally binding, documented authorization from 
                the affected local government to accept out-of-State 
                municipal solid waste; and
                    ``(B)(i) with respect to a landfill, the landfill 
                is in compliance with all applicable Federal and State 
                laws (including regulations) relating to design and 
                location standards, leachate collection, ground water 
                monitoring, and financial assurance for closure and 
                post-closure care and corrective action; or
                    ``(ii) with respect to an incinerator, the 
                incinerator is in compliance with the applicable 
                requirements of section 129 of the Clean Air Act (42 
U.S.C. 7429) and applicable State laws and regulations relating to 
facility design.
            ``(2) Documentation of shipment.--For purposes of paragraph 
        (1)(A)(i), a shipment of municipal solid waste shall be 
        considered a documented shipment if the owner or operator of 
        the landfill or incinerator concerned provides documentation of 
        the shipment (including the quantity, time, and place of the 
        shipment) to the Governor of the State in which the landfill or 
        incinerator is located.
    ``(c) Authority of Governor To Restrict Out-of-State Municipal 
Solid Waste Disposed Of at Landfills.--
            ``(1) In general.--
                    ``(A) Limitations on exempted landfills.--
                            ``(i) In general.--In response to a written 
                        request by each of an affected local government 
                        and an affected local solid waste planning unit 
                        (if the local solid waste planning unit exists 
                        under State law), a Governor may limit the 
                        quantity of out-of-State municipal solid waste 
                        received for disposal, during a 1-year period, 
                        at a landfill described in clause (ii) to a 
                        quantity equal to the quantity of out-of-State 
                        municipal solid waste received for disposal at 
                        the landfill during the 1-year period preceding 
                        the date of enactment of this section.
                            ``(ii) Landfill.--The landfill referred to 
                        in clause (i) shall be a landfill in the State, 
                        the owner or operator of which is exempt, under 
                        subsection (b), from the requirements of 
                        subsection (a) on the basis of receiving 
                        shipments as describe in subsection 
                        (b)(1)(A)(i).
                    ``(B) Procedureal requirements for request.--Prior 
                to submitting a request under this subsection to limit 
                the disposal of out-of-State municipal solid waste, an 
                affected local government and the affected local solid 
                waste planning unit, if any, shall--
                            ``(i) provide notice and an opportunity for 
                        public comment concerning the proposed request; 
                        and
                            ``(ii) after providing the notice and 
                        opportunity for public comment, take formal 
                        action concerning the proposed request at a 
                        public meeting.
            ``(2) Response by governor.--With respect to request made 
        by affected local governments under paragraph (1)(A), the 
        Governor shall respond in a consistent manner that does not 
        discriminate against any--
                    ``(A) particular landfill within the State; or
                    ``(B) shipment of out-of-State municipal solid 
                waste on the basis of State of origin.
            ``(3) Limitation on authority of governor.--A Governor may 
        not exercise the authority granted under this subsection if the 
        action would be inconsistent with State law or would result in 
        the violation of or failure to perform any provision of a 
        written, legally binding contract for disposal of out-of-State 
        municipal solid waste at a landfill executed prior to the date 
        of enactment.
    ``(d) Existing Agreements.--
            ``(1) In general.--Nothing in this section is intended to 
        affect an agreement in effect on the date of enactment of this 
        section or other State law in effect on the date of enactment 
        of this section (except as expressly provided otherwise in this 
        section).
            ``(2) Availability of contracts.--The owner or operator of 
        a landfill or incinerator that is exempt, under subsection (b), 
        from the requirements of subsection (a), shall make available 
        for inspection by the public, in the affected local community, 
a copy of each contract that the owner or operator has entered into for 
the disposal of out-of-State municipal solid waste at that landfill or 
incinerator. The owner or operator may redact any proprietary 
information contained in such a copy of a contract, but shall ensure 
that at least information relating to the volume of out-of-State 
municipal solid waste to be received, the source of the waste, and the 
duration of the contract, is apparent in the copy.
    ``(e) Applicability.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this section applies in and to each State.
            ``(2) Rejection of applicability.--A State may exercise the 
        option to become exempt from the requirements of this section 
        if the State--
                    ``(A) notifies the Administrator (in a manner 
                prescribed by the Administrator) that the State is 
                exercising the option; and
                    ``(B) in taking any appropriate action to reject 
                the applicability of this section, makes specific 
                reference to this section.
            ``(3) Acknowledgement of exemption.--On receipt of a 
        notification by a State pursuant to a paragraph (2)(A), the 
        Administrator shall take such action as is appropriate to 
        acknowledge the exemption of the State from the requirements of 
        this section.
    ``(f) Definitions.--As used in this section:
            ``(1) Affected local government.--The term `affected local 
        government', used with respect to a landfill or incinerator, 
        means the elected officials of the city, town, borough, county, 
        or parish, with primary jurisdiction over the use of the land 
        on which the facility is located or proposed to be located.
            ``(2) Affected local solid waste planning unit.--The term 
        `affected local solid waste planning unit' means a political 
        subdivision of a State with authority relating to solid waste 
        management planning in accordance with State law.
            ``(3) Host agreement.--The term `host agreement' means a 
        written, legally binding agreement, lawfully entered into 
        between an owner or operator of a landfill or incinerator and 
        an affected local government that authorizes the landfill or 
        incinerator to receive municipal solid waste generated outside 
        the jurisdiction of the affected local government.
            ``(4) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means solid waste that is refuse (or refuse-derived 
                fuel) generated by the general public or from 
                residential, commercial institutional, or industrial 
                sources and that consists of paper, wood, yard wastes, 
                food wastes, plastics, leather, rubber, or other 
                combustible materials or noncombustible materials such 
                as metal, glass, and rock.
                    ``(B) Exclusions.--The term does not include--
                            ``(i) hazardous waste or waste containing 
                        polychlorinated biphenyls;
                            ``(ii) industrial waste;
                            ``(iii) medical waste;
                            ``(iv) recyclable materials that have been 
                        separated from waste otherwise destined for 
                        disposal (either at the source of the waste or 
                        at processing facilities) or that have been 
                        managed separately from waste destined for 
                        disposal; and
                            ``(v) materials and products returned from 
                        a dispenser or distributor to the manufacturer 
                        or an agent of the manufacturer for credit, 
                        evaluation, and possible reuse.
            ``(5) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste', used with respect to a State, 
        means municipal solid waste generated outside of the State.
            ``(6) Owner or operator.--The term `owner or operator', 
        used with respect to a landfill or incinerator, does not 
        include--
                    ``(A) a State or affected local government that 
                owns or operates the landfill or incinerator, if the 
                facility is located within the jurisdiction of the 
                State or the affected local government; or
                    ``(B) a person who owns or operates a facility, if 
                the facility receives only waste generated by the 
                person.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at 
the end of the items relating to subtitle D the following new item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.''.
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