[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 379 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 379

To permit States to prohibit the disposal of solid waste imported from 
                             other nations.


_______________________________________________________________________


                    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 permit States to prohibit the disposal of solid waste imported from 
                             other nations.

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

SECTION 1. DISPOSAL OF SOLID WASTE IMPORTED FROM OTHER NATIONS.

    (a) In General.--Subtitle A of the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding after section 1008 the 
following new section:

``SEC. 1009. DISPOSAL OF SOLID WASTE IMPORTED FROM OTHER NATIONS.

    ``(a) Ban on Disposal of Foreign Solid Waste.--After the date of 
enactment of this section, any State may prohibit the disposal in that 
State of any foreign solid waste.
    ``(b) Exemption.--
            ``(1) Receipt authorized by host community agreement.--No 
        State prohibition under subsection (a) shall apply to any 
        foreign solid waste received at a solid waste disposal facility 
        pursuant to an existing host community agreement if--
                    ``(A) the agreement specifically authorizes the 
                owner or operator of the facility at which such waste 
                is received to accept that foreign solid waste;
                    ``(B) the owner or operator is in compliance with 
                all of the terms and conditions of the host community 
                agreement; and
                    ``(C) the owner or operator has provided a copy of 
                the host community agreement to the State and has made 
                such a copy available for inspection by the public in 
                the affected local community.
            ``(2) Requirement for compliance with certain 
        requirements.--The exemption under this subsection shall not 
        apply to a solid waste disposal facility during any period with 
        respect to which the State has determined that--
                    ``(A) the facility was not in compliance with 
                applicable Federal and State laws and regulations 
                relating to facility operation and design and--
                            ``(i) in the case of landfills, facility 
                        location standards, leachate collection 
                        standards, groundwater monitoring standards, 
                        and standards for financial assurance and for 
                        closure and post-closure and corrective action, 
                        or
                            ``(ii) in the case of incinerators, the 
                        applicable requirements of section 129 of the 
                        Clean Air Act (42 U.S.C. 7429); and
                    ``(B) such noncompliance constitutes a threat to 
                human health or the environment.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Affected local government.--For any solid waste 
        disposal facility, the term `affected local government' shall 
        mean--
                    ``(A) the public body authorized by State law to 
                plan for the management of solid waste, a majority of 
                the members of which are elected officials, for the 
                area in which the facility is located or proposed to be 
                located, or
                    ``(B) if there is no such body authorized by State 
                law, the elected officials of the city, town, township, 
                borough, county, or parish exercising primary 
                responsibility for the use of land on which the 
                facility is located or proposed to be located.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding agreement, lawfully 
        entered into between an owner or operator of a solid waste 
        disposal facility and an affected local government, that 
        specifically authorizes the facility to receive foreign solid 
        waste.
            ``(3) Existing host community agreement.--The term 
        `existing host community agreement' means a host community 
        agreement that is in effect as of the date of the enactment of 
        this section.
            ``(4) Foreign solid waste.--The term `foreign solid waste' 
        means solid waste generated outside of the United States.
            ``(5) Specific authorization.--For purposes of this 
        section, the term `specifically authorizes' refers to an 
        explicit authorization, contained in a host community 
        agreement, to accept for disposal foreign solid waste. The 
        language for such authorization may vary as long as it 
        reasonably evidences approval or consent for such disposal. The 
        term shall not include general references to the receipt of 
        waste from outside the jurisdiction of the affected local 
        government.''.
    (b) Table of Contents.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item 
relating to section 1008 the following new item:

``Sec. 1009. Disposal of solid waste imported from other nations.''.
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