[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 378 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 378

          To authorize States to regulate certain solid waste.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

 Mr. Gillmor introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
          To authorize States to regulate certain solid waste.

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

SECTION 1. AUTHORIZATION FOR STATES TO REGULATE SOLID WASTE IN 
              INTERSTATE COMMERCE.

    (a) Amendment of Solid Waste Disposal Act.--The Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end 
of subtitle D the following new section:

``SEC. 4011. AUTHORIZATION FOR STATES TO REGULATE SOLID WASTE IN 
              INTERSTATE COMMERCE.

    ``(a) Regulation.--Each State is authorized to enact and enforce 
laws regulating the treatment and disposal within such State of solid 
waste generated in another State, including laws imposing a ban on the 
importing into such State, or any part thereof, of solid waste for its 
treatment or disposal, or laws otherwise regulating the importing into 
such State of solid waste for its treatment or disposal. In enacting or 
enforcing any such law, a State may consult with elected officials from 
any unit of local government with jurisdiction over an existing or 
proposed facility for the treatment or disposal of solid waste, with 
elected officials from other communities affected by the enactment or 
enforcement of any such law, and with such other persons as the State 
considers appropriate.
    ``(b) Fees.--Each State is authorized to enact and enforce laws 
imposing and collecting, in such manner as the State deems appropriate, 
fees or other charges in connection with the treatment and disposal 
within such State of solid waste generated in another State. Any State 
imposing and collecting any such fee or charge may, in connection 
therewith, differentiate between two or more States in which solid 
waste is generated, and may differentiate between any such State of 
origin and the fees or charges which it imposes and collects, if any, 
in connection with the treatment and disposal of waste generated within 
its geographical boundaries.
    ``(c) Limitation.--Nothing in this section shall apply to--
            ``(1) any hazardous waste regulated under subtitle C of 
        this Act;
            ``(2) any solid waste, hazardous waste, hazardous 
        substance, 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 and 9606, respectively) 
        or a corrective action taken under this Act;
            ``(3) any hazardous chemical substance or mixture regulated 
        under section 6(e) of the Toxic Substances Control Act (15 
        U.S.C. 2605(e));
            ``(4) any metal, pipe, glass, plastic, paper, textile, or 
        other material that has been separated or otherwise diverted 
        from solid waste, and that has been transported into such State 
        for the purposes of recycling or reclamation; or
            ``(5) any nonhazardous solid waste produced by an industry 
        that is transported for the purpose of treatment, storage, or 
        disposal to a facility owned or operated by the original 
        generator of the waste.
    ``(d) Interstate Compacts.--The consent of Congress is given to two 
or more States to negotiate and enter into agreements or compacts, not 
in conflict with any law or treaty of the United States, for 
cooperative efforts and mutual assistance for the management of solid 
waste, and the approval of Congress is given to any such agreement or 
compact so entered into.
    ``(e) EPA Authority.--The Administrator shall have the authority to 
propose and promulgate regulations exempting waste types or recycling 
practices from the authority granted in this section, if the 
Administrator determines that such action promotes the development of 
an interstate market for recyclable materials or is necessary to 
promote environmentally sound waste disposal practices. Any person may 
petition the Administrator to propose such regulations and the 
Administrator shall solicit and consider public comments before making 
any final determination under this subsection.''.
    (b) Technical Amendment.--The table of contents for such Act 
(contained in section 1001) is amended by inserting after the item 
relating to section 4010 the following new item:

``4011. Authorization for States to regulate solid waste in interstate 
                            commerce.''.
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