[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 463 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 463

To amend the Solid Waste Disposal Act to permit a Governor to limit the 
 disposal of out-of-State solid waste in the Governor's State, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 1997

   Mr. Coats 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 permit a Governor to limit the 
 disposal of out-of-State solid waste in the Governor's 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. SHORT TITLE.

    This Act may be cited as the ``Interstate Transportation of 
Municipal Solid Waste Act of 1997''.

SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL 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:

``SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    ``(a) Definitions.--In this section:
            ``(1) Affected local government.--The term `affected local 
        government' means--
                    ``(A) 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 a landfill or incinerator is 
                located or proposed to be located; or
                    ``(B) if there is not such a body created by State 
                law, 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 a landfill or incinerator is located or 
                proposed to be located.
            ``(2) Documented shipments.--The term `documented shipment' 
        means a shipment of out-of-State waste received by a landfill 
        or incinerator that is documented--
                    ``(A) to provide information on the quantity of 
                waste received, the place of origin, the State in which 
                the generator is located, and the type of waste; and
                    ``(B) to facilitate criminal prosecution under 
                State law if the documentation includes false or 
                misleading information.
            ``(3) Host community agreement.--
                    ``(A) In general.--The term `host community 
                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 specifically authorizes the landfill or 
                incinerator to receive out-of-State municipal solid 
                waste.
                    ``(B) Host community agreement fees.--The term 
                `host community agreement' does not include an 
                agreement to pay host community agreement fees for 
                receipt of waste unless a specific authorization to 
                receive out-of-State municipal solid waste is included 
                in the agreement.
            ``(4) Municipal solid waste.--The term `municipal solid 
        waste'--
                    ``(A) means--
                            ``(i) any waste material discarded for 
                        disposal by a household, including a single or 
                        multifamily residence, a hotel, or a motel; and
                            ``(ii) any waste material generated by a 
                        commercial, institutional, or industrial source 
                        that--
                                    ``(I)(aa) is essentially the same 
                                as waste normally generated by 
                                households; or
                                    ``(bb) is collected and disposed of 
                                with other municipal solid waste as 
                                part of normal municipal solid waste 
                                collection services; and
                                    ``(II) is conditionally exempt 
                                small quantity generator waste under 
                                section 3001(d); but
                    ``(B) does not include--
                            ``(i) any solid waste identified or listed 
                        as a hazardous waste under section 3001;
                            ``(ii) any solid waste, including 
                        contaminated soil and debris, resulting from--
                                    ``(I) a response action taken under 
                                section 104 or 106 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act (42 U.S.C. 9604, 
                                9606); or
                                    ``(II) a corrective action taken 
                                under this Act;
                            ``(iii) any metal, pipe, glass, plastic, 
                        paper, textile, or other material that has been 
                        separated or diverted from municipal solid 
                        waste and has been transported into the State 
                        for the purpose of recycling or reclamation;
                            ``(iv) 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 or a company with which the 
                                generator is affiliated;
                            ``(v) any solid waste generated incident to 
                        the provision of service in interstate, 
                        intrastate, foreign, or overseas air 
                        transportation;
                            ``(vi) any medical waste that is segregated 
                        from or not mixed with municipal solid waste; 
                        and
                            ``(vii) any material or product returned 
                        from a dispenser or distributor to the 
                        manufacturer for credit, evaluation, or 
                        possible reuse.
            ``(5) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste' means--
                    ``(A) with respect to a State, municipal solid 
                waste generated outside the State but inside the United 
                States; and
                    ``(B) to the extent that it is consistent with 
                obligations of the United States under the North 
                America Free Trade Agreement, the General Agreement on 
                Tariffs and Trade, and other international agreements, 
                municipal solid waste generated outside the United 
                States.
            ``(6) Specific authorization.--
                    ``(A) In general.--The term `specific 
                authorization' means an explicit authorization provided 
                by a State or affected local government to a landfill 
                or incinerator, contained in a host community agreement 
                or permit, to import waste from outside the State in 
                which the landfill or incinerator is located.
                    ``(B) Specific references.--The term `specific 
                authorization' may include an authorization provided 
                by--
                            ``(i) 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;
                            ``(ii) a reference to a specific place 
                        outside of the State; or
                            ``(iii) use of a phrase such as `regardless 
                        of origin' or `outside the State'.
                    ``(C) General references.--The term `specific 
                authorization' shall not include a general reference 
                authorizing the receipt of waste from outside the 
                jurisdiction of a State or affected local government.
                    ``(D) Form.--The form of a specific authorization 
                may vary as long as the form clearly and affirmatively 
                indicates the approval or consent of the State or 
                affected local government for receipt of municipal 
                solid waste from a source outside of the State.
    ``(b) Prohibiting Disposal of Out-of-State Municipal Solid Waste.--
            ``(1) In general.--Except as provided in paragraph (2), if 
        requested in writing by an affected local government, a 
        Governor may prohibit the disposal of out-of-State municipal 
        solid waste in any landfill or incinerator that is subject to 
        the jurisdiction of the Governor or the affected local 
        government.
            ``(2) Exceptions.--The authority to prohibit the disposal 
        of out-of-State municipal solid waste under paragraph (1) shall 
        not apply to--
                    ``(A) landfills in operation on the date of 
                enactment of this section that--
                            ``(i) received during calendar year 1993 
                        documented shipments of out-of-State municipal 
                        solid waste; and
                            ``(ii) are in compliance with all 
                        applicable State laws (including any State rule 
                        or regulation) relating to design and location 
                        standards, leachate collection, ground water 
                        monitoring, and financial assurance for closure 
                        and post-closure and corrective action;
                    ``(B) proposed landfills that--
                            ``(i) prior to January 1, 1993, received--
                                    ``(I) a specific authorization as 
                                part of a host community agreement from 
                                the affected local government to 
                                receive out-of-State municipal solid 
                                waste; and
                                    ``(II) a notice of decision from 
                                the State to grant a construction 
                                permit; and
                            ``(iii) are in compliance with all of the 
                        terms and conditions of the host community 
                        agreement and construction permit; or
                    ``(C) incinerators in operation on the date of 
                enactment of this section that--
                            ``(i) received, during calendar year 1993, 
                        documented shipments of out-of-State municipal 
                        solid waste;
                            ``(ii) are in compliance with the 
                        applicable requirements of section 129 of the 
                        Clean Air Act (42 U.S.C. 7429); and
                            ``(iii) are in compliance with all 
                        applicable State laws (including any State rule 
                        or regulation) relating to facility design and 
                        operations.
    ``(c) Restriction on Excepted Landfills.--With respect to a 
landfill covered by an exception under subsection (b)(2), 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor of a State, beginning in the first 
calendar year that begins after the date of enactment of this section, 
may limit the quantity of out-of-State municipal solid waste received 
for disposal--
            ``(1) at each landfill in the State to an annual quantity 
        equal to the quantity of out-of-State municipal solid waste 
        received for disposal at the landfill during calendar year 
        1993; and
            ``(2) by the State, if the State imported more than 700,000 
        tons of out-of-State municipal solid waste in calendar year 
        1993, by limiting the quantity of out-of-State municipal solid 
        waste received by the State to--
                    ``(A) in calendar years 1997 through 2003, 95 
                percent of the quantity received by the State during 
                the previous calendar year; and
                    ``(B) in calendar year 2004 and each succeeding 
                year, 65 percent of the quantity received by the State 
                during calendar year 1993.
    ``(d) Export Ratchet.--The quantity of municipal solid waste 
exported by a State to landfills or incinerators (that are not covered 
by host community agreements or permits authorizing receipt of out-of-
State municipal solid waste) in any 1 other State may not exceed--
            ``(1) in calendar year 1997, the greater of 1,400,000 tons 
        or 90 percent of the quantity exported to the State in calendar 
        year 1993;
            ``(2) in calendar year 1998, the greater of 1,300,000 tons 
        or 90 percent of the quantity exported to the State in calendar 
        year 1997;
            ``(3) in calendar year 1999, the greater of 1,200,000 tons 
        or 90 percent of the quantity exported to the State in calendar 
        year 1998;
            ``(4) in calendar year 2000, the greater of 1,100,000 tons 
        or 90 percent of the quantity exported to the State in calendar 
        year 1999;
            ``(5) in calendar year 2001, 1,000,000 tons;
            ``(6) in calendar year 2002, 750,000 tons; and
            ``(7) in calendar year 2003 and each succeeding year, 
        550,000 tons.
    ``(e) Local Government Procedures.--Prior to submitting a request 
to a Governor under this section, an affected local government shall--
            ``(1) provide notice and opportunity for public comment 
        concerning the proposed request; and
            ``(2) following notice and comment, take formal action on 
        the proposed request at a public meeting.
    ``(f) Nondiscrimination.--
            ``(1) Limitation by governor.--Any limitation on municipal 
        solid waste imposed by a Governor of a State under subsection 
        (c)(1)--
                    ``(A) shall be applicable throughout the State;
                    ``(B) shall not discriminate against any particular 
                landfill within the State; and
                    ``(C) shall not discriminate against any shipments 
                of out-of-State municipal solid waste on the basis of 
                the State of origin.
            ``(2) Response to local governments.--In responding to a 
        request by an affected local government under subsection (b)(1) 
        or (c)(2), the Governor shall respond in a manner that does not 
        discriminate against any particular landfill within the State 
        and does not discriminate against any shipments of out-of-State 
        municipal solid waste on the basis of State of origin.
    ``(g) Administrative Provisions.--
            ``(1) Documentation.--To be eligible to exercise any 
        authority under subsection (c) or (d), a Governor shall--
                    ``(A) not later than 90 days after the date of 
                enactment of this section, submit to the Administrator 
                information on documented shipments of out-of-State 
                municipal solid waste received for disposal during 
                calendar year 1993; and
                    ``(B) on April 1 of each calendar year, submit to 
                the Administrator information on documented shipments 
                of out-of-State municipal solid waste received for 
                disposal during the year.
            ``(2) Publication.--Not later than 120 days after the date 
        of enactment of this section, the Administrator shall publish a 
        list of the quantity of documented shipments of out-of-State 
        municipal solid waste that was received during calendar year 
        1993 at each landfill covered by the exceptions provided in 
        subsection (b)(2) for disposal in a State in which a Governor 
        submitted information under paragraph (1).
            ``(3) List.--On June 1 of each calendar year, the 
        Administrator shall publish a list of States importing out-of-
        State municipal solid waste in the previous calendar year and 
        the quantity received by each importing State.
    ``(h) Limitations on Prospective Waste Flows.--
            ``(1) Denial of permit.--
                    ``(A) In general.--A State may provide by law that 
                the State will deny a permit for the construction or 
                operation of a new landfill or incinerator or a major 
                modification to an existing landfill or incinerator 
                if--
                            ``(i) the State has approved a State or 
                        local comprehensive solid waste management plan 
                        developed under Federal or State law; and
                            ``(ii) the denial is based on the State's 
                        determination, pursuant to a State law 
                        authorizing the denial, that there is not a 
                        local or regional need for the landfill or 
                        incinerator in the State.
                    ``(B) Interstate commerce.--A denial of a permit 
                under subparagraph (A)(i) shall not be considered to 
                impose an undue burden on interstate commerce or to 
                otherwise impair, restrain, or discriminate against 
                commerce.
            ``(2) Percentage limitation.--
                    ``(A) In general.--A State not exercising authority 
                under paragraph (1) may provide by law that a State 
                permit issued after the date of enactment of this 
                section for a new municipal solid waste landfill or 
                incinerator or for expansion of a municipal solid waste 
                landfill or incinerator shall include an annual 
                percentage limitation of not less than 20 percent on 
                the total quantity of out-of-State municipal solid 
                waste received annually at the landfill or incinerator 
                relative to the total quantity of municipal solid waste 
                received annually at the landfill or incinerator.
                    ``(B) Host community agreement.--Notwithstanding 
                subparagraph (A), a landfill or incinerator with 
                specific authorization to receive a specific quantity 
                of out-of-State municipal solid waste annually pursuant 
                to a host community agreement entered into prior to the 
                date of enactment of this section may receive the 
                specific quantity authorized under the host community 
                agreement.
                    ``(C) Nondiscrimination.--An annual percentage 
                limitation referred to in subparagraph (A)--
                            ``(i) shall be uniform for all solid waste 
                        landfills and incinerators in a State; and
                            ``(ii) may not discriminate against out-of-
                        State municipal solid waste according to the 
                        State of origin, unless the waste is received 
                        under an agreement entered into under section 
                        1005(b), under which the receiving State and 1 
                        or more other States agreed to a different 
                        percentage limitation for specific facilities 
                        receiving municipal solid waste from 1 of the 
                        States that is a party to the compact.''.

SEC. 3. TABLE OF CONTENTS AMENDMENT.

    The table of contents of the Solid Waste Disposal Act (42 U.S.C. 
6901 et seq.) is amended by adding at the end of the items relating to 
subtitle D the following:

``Sec. 4011. Interstate transportation of municipal solid waste.''.
                                 <all>