[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 533 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 533

 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 4, 1999

 Mr. Robb (for himself and Mr. Warner), 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 ``Interstate Transportation of 
Municipal Solid Waste Control Act of 1999''.

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:

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

    ``(a) Definitions.--In this section:
            ``(1) Affected local government.--The term `affected local 
        government', with respect to a landfill or incinerator, means--
                    ``(A) the public body created by State law for the 
                area in which the facility is located or proposed to be 
                located--
                            ``(i) having the responsibility to plan for 
                        municipal solid waste management; and
                            ``(ii) a majority of the members of which 
                        are elected officials;
                    ``(B) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management, 
                land, or land use in the jurisdiction in which the 
                facility is located or is proposed to be located; or
                    ``(C) with respect to a facility that is the 
                subject of a host community agreement entered into 
                before the date of enactment of this section, the 
                entity described in subparagraph (B) or (C) that is a 
                party to the host community agreement.
            ``(2) Affected local solid waste planning unit.--The term 
        `affected local solid waste planning unit' means a planning 
        unit, established under State law, that has--
                    ``(A) jurisdiction over the geographic area in 
                which a facility for the treatment, incineration, or 
                disposal of municipal waste is located; and
                    ``(B) authority relating to solid waste management 
                planning.
            ``(3) Documented shipment of municipal solid waste.--The 
        term `documented shipment of municipal solid waste' means a 
        shipment of municipal solid waste with respect to which 
        information is--
                    ``(A) compiled by the owner or operator of a 
                landfill that received out-of-State municipal solid 
                waste, including--
                            ``(i) the quantity of municipal solid 
                        waste;
                            ``(ii) the time of the shipment; and
                            ``(iii) the origin of the shipment; and
                    ``(B) submitted to the State in which the landfill 
                is located.
            ``(4) Host community agreement.--The term `host community 
        agreement' means a written, legally binding document or 
        documents executed by officials of an affected local government 
        that specifically authorizes a landfill or incinerator to 
        receive out-of-State municipal solid waste.
            ``(5) Interstate msw list.--The term `interstate MSW list' 
        means a list published under subsection (e)(2)(d).
            ``(6) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid waste' 
                means refuse (and refuse-derived fuel) generated by--
                            ``(i) the general public; or
                            ``(ii) a residential, commercial, 
                        institutional, or industrial source.
                    ``(B) Inclusions.--The term `municipal solid waste' 
                includes--
                            ``(i) combustible material such as leather, 
                        paper, plastic, rubber, wood, yard waste; and
                            ``(ii) noncombustible material such as 
                        glass or metal.
                    ``(C) Exclusions.--The term `municipal solid waste' 
                does not include--
                            ``(i) solid waste identified or listed as a 
                        hazardous waste under section 3001;
                            ``(ii) 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 of 1980 (42 U.S.C. 
                                9604, 9606); or
                                    ``(II) a corrective action taken 
                                under this Act;
                            ``(iii) metal, pipe, glass, plastic, paper, 
                        textile, or other material that has been 
                        separated or diverted from municipal solid 
                        waste (as otherwise defined in this paragraph) 
                        and has been transported into a State for the 
                        purpose of recycling or reclamation;
                            ``(iv) 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 of the waste, or is located 
                                on property owned by a company in which 
                                the generator of the waste has an 
                                ownership interest;
                            ``(v) solid waste generated incident to the 
                        provision of service in interstate, intrastate, 
                        foreign, or overseas air transportation;
                            ``(vi) industrial waste that is not 
                        identical to municipal solid waste (as 
                        otherwise defined in this paragraph) with 
                        respect to the physical and chemical state and 
                        composition of the industrial waste;
                            ``(vii) construction and demolition debris;
                            ``(viii) medical waste that is segregated 
                        from or not mixed with municipal solid waste 
                        (as otherwise defined in this paragraph);
                            ``(ix) a material or product returned from 
                        a dispenser or distributor to the manufacturer 
                        for credit, evaluation, or possible reuse; and
                            ``(x) incinerator ash.
            ``(7) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste' means--
                    ``(A) with respect to any State, municipal solid 
                waste generated outside the State; and
                    ``(B) municipal solid waste generated outside the 
                United States, unless the President determines that 
                treatment of the municipal solid waste as out-of-State 
                municipal solid waste under this section would be 
                inconsistent with the North American Free Trade 
                Agreement or the Uruguay Round Agreements (as defined 
                in section 2 of the Uruguay Round Agreements Act (19 
                U.S.C. 3501)).
            ``(8) Owner or operator.--The term `owner or operator', 
        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 that owns or operates a facility, if 
                the facility receives only waste generated by the 
                person.
            ``(9) Super exporting state.--The term `super exporting 
        State' means a State that, during a calendar year, exports to 
        other States in the aggregate 6,000,000 tons or more of 
        municipal solid waste, as determined through reporting 
        requirements under subsection (e).
    ``(b) Authority To Regulate Out-of-State Municipal Solid Waste.--
            ``(1) Freeze authority.--
                    ``(A) Immediate authority.--On or after the date of 
                enactment of this section, a Governor of a State that 
                imported more than 1,000,000 tons of municipal solid 
                waste during calendar year 1998 may restrict the 
                quantity of out-of-State municipal solid waste received 
                for disposal at each landfill during a calendar year to 
                the quantity of out-of-State municipal solid waste 
                received for disposal at the landfill during 1998.
                    ``(B) Future authority.--If a State first imports 
                more than 1,000,000 tons of municipal solid waste in 
                calendar year 1999, or any calendar year thereafter, 
                the Governor of a State may restrict the quantity of 
                out-of-State municipal solid waste received for 
                disposal at each landfill during the following calendar 
                year and calendar years thereafter to the quantity of 
                out-of-State municipal solid waste received for 
                disposal at the landfill during the calendar year in 
                which the State first imported 1,000,000 tons.
            ``(2) Prohibition of out-of-state municipal solid waste 
        from super exporting states.--Beginning in calendar year 2001, 
        the Governor of a State may establish a prohibition on the 
        importation of municipal solid waste during a calendar year 
        from a super exporting State.
            ``(3) Exceptions.--The Governor of a State shall not take 
        action under this subsection--
                    ``(A) except as provided in paragraphs (2) and (4), 
                if the action--
                            ``(i) would discriminate against any 
                        particular landfill in the State; or
                            ``(ii) would discriminate against the 
                        shipment of out-of-State municipal solid waste 
                        on the basis of the State of origin; or
                    ``(B) if the action would be inconsistent with 
                State law.
            ``(4) Increased receipt of waste.--
                    ``(A) Increases over restriction established under 
                paragraph (1).--
                            ``(i) Increased quantity.--The Governor of 
                        a State described in paragraph (1) may increase 
                        the annual quantity of out-of-State waste to be 
                        received for disposal at a landfill to a 
                        quantity that is greater than the quantity of 
                        out-of-State municipal solid waste to be 
                        imported under a restriction under paragraph 
                        (1) if the Governor receives a written request 
                        from the affected local government to increase 
                        the annual quantity of out-of-State municipal 
                        solid waste to be disposed of at the landfill 
                        that includes--
                                    ``(I) specific information 
                                outlining increases in the volume of 
                                out-of-State municipal solid waste to 
                                be received;
                                    ``(II) documentation that there has 
                                been opportunity for public comment;
                                    ``(III) a description of the 
                                impacts that the increase in volume 
                                would have on local traffic patterns 
                                and road capacity, including programs 
                                to mitigate impact; and
                                    ``(IV) a description of benefits to 
                                the affected local government that 
                                would result from the increase in 
                                volume.
                            ``(ii) Failure of governor to respond.--The 
                        failure of a Governor to respond to a request 
                        under this subparagraph within 60 days after 
                        the date of receipt of the request shall be 
                        deemed to be an answer in the affirmative.
                    ``(B) Termination of prohibition of out-of-state 
                municipal solid waste from super exporting states.--
                            ``(i) In general.--The Governor of a State 
                        that receives municipal solid waste from a 
                        super exporting State may terminate a 
                        prohibition established under subsection (b)(2) 
                        if the Governor receives a written request from 
                        an affected local government to continue 
                        receiving waste from a super exporting State 
                        that contains--
                                    ``(I) documentation that there has 
                                been an opportunity for public comment; 
                                and
                                    ``(II) information on any impact on 
                                the affected local government that 
                                could result from leaving the 
                                prohibition in place.
                            ``(ii) Response.--Not later than 60 days 
                        after the receipt of a request described in 
                        clause (i), the Governor of a State shall 
                        respond to the request.
                    ``(C) Agreement.--The Governor of a State described 
                in subparagraph (A) or (B) may establish a higher 
                restriction under paragraph (1) or terminate a 
                prohibition under paragraph (2) if the owner or 
                operator of the landfill enters into a legally binding 
                agreement with the State that establishes a daily 
                restriction on the quantity of out-of-State municipal 
                solid waste to be disposed of at the landfill.
            ``(5) Ban on receipt of out-of-state waste.--No landfill 
        may receive for disposal any out-of-State municipal solid waste 
        unless the out-of-State municipal solid waste is received 
        under--
                    ``(A) an exemption under subsection (c); or
                    ``(B) a host community agreement in accordance with 
                subsection (d).
    ``(c) Exemptions.--The Governor of a State shall not exercise the 
authority provided in subsection (b) with respect to a facility if--
            ``(1) the out-of-State municipal solid waste is generated 
        in, and the landfill is located in, the same bi-State level A 
        metropolitan statistical area (as defined and as listed by the 
        Director of the Office of Management and Budget as of the date 
        of enactment of this section); or
            ``(2) the quantity of out-of-State municipal solid waste 
        that is disposed of at the landfill does not exceed 10,000 tons 
        per calendar year.
    ``(d) Host Community Agreements.--
            ``(1) In general.--
                    ``(A) Authorization.--Beginning on the date of 
                enactment of this section, the owner or operator of a 
                landfill may not receive for disposal any out-of-State 
                municipal solid waste unless--
                            ``(i) the owner or operator applies for and 
                        is granted authorization to receive the waste 
                        from the affected local government; or
                            ``(ii) before the date of enactment of this 
                        section, the owner or operator--
                                    ``(I) entered into a host community 
                                agreement; or
                                    ``(II) otherwise obtained 
                                documented, legally binding 
                                authorization from the affected local 
                                government to receive out-of-State 
                                municipal solid waste.
                    ``(B) Requirements for authorization.--An 
                authorization under subparagraph (A) shall--
                            ``(i) be granted by the affected local 
                        government by formal action at a public 
                        meeting; and
                            ``(ii) be recorded in writing in the 
                        official record of the meeting.
            ``(2) Information.--Before taking formal action with 
        respect to granting authorization under this subsection, the 
        affected local government shall require the owner or operator 
        of the facility seeking the authorization to submit to the 
        affected local government the following information:
                    ``(A) A brief description of the landfill, 
                including the size of, ultimate waste capacity of, and 
                the anticipated daily and yearly volume of waste to be 
                disposed of at the landfill, including any planned 
                expansion.
                    ``(B) A map of the landfill site depicting--
                            ``(i) the location of the landfill in 
                        relation to the local transportation 
                        facilities;
                            ``(ii) topography and hydrogeological 
                        features of the site on which the landfill is 
                        located;
                            ``(iii) buffer zones to be acquired and 
                        preserved by the owner or operator; and
                            ``(iv) all units of the landfill.
                    ``(C) A description of the environmental 
                characteristics of the site, as in existence on the 
                date on which the information is submitted, including--
                            ``(i) information regarding ground water 
                        sources; and
                            ``(ii) a description of alterations in the 
                        characteristics of the site that may be 
                        necessitated by or occur as a result of the 
                        landfill.
                    ``(D) A description of appropriate environmental 
                controls to be used at the landfill, including--
                            ``(i) run-on and run-off management;
                            ``(ii) air pollution control devices;
                            ``(iii) source separation procedures;
                            ``(iv) methane monitoring and control;
                            ``(v) landfill covers, liners, or leachate 
                        collection systems; and
                            ``(vi) monitoring programs, including 
                        programs to screen incoming waste for waste 
                        described in subsection (a)(5)(C).
                    ``(E) A description of--
                            ``(i) any waste residuals generated by the 
                        landfill, including leachate or ash; and
                            ``(ii) the planned management of the 
                        residuals.
                    ``(F) A description of site access controls to be 
                employed, including--
                            ``(i) transportation improvements to be 
                        made by the owner or operator;
                            ``(ii) an estimate of the timing and extent 
                        of increased local truck traffic, based on the 
                        expected tonnage to be received at the landfill 
                        on a daily basis; and
                            ``(iii) a description of methods to be 
                        employed to prevent queuing of waste delivery 
                        vehicles on public transportation facilities.
                    ``(G) A list of all required Federal, State, and 
                local permits.
                    ``(H) Any information that is required by State law 
                to be provided with respect to any violation of 
                environmental laws by the owner or operator (including 
                any subsidiary of the owner or operator), including--
                            ``(i) the disposition of enforcement 
                        proceedings taken with respect to the 
                        violations; and
                            ``(ii) corrective action and rehabilitation 
                        measures taken as a result of the proceedings.
            ``(3) Notification before formal action.--Before taking 
        formal action with respect to an application for authorization 
        under this subsection, an affected local government shall--
                    ``(A) notify the Governor, adjoining local 
                governments in the State, and any adjoining Indian 
                tribes of the proposed action;
                    ``(B) make available to the Governor of the State, 
                each adjoining local government and Indian tribe within 
                the State, and any other interested person the 
                information submitted by an owner or operator under 
                paragraph (2);
                    ``(C) inform the public of the action--
                            ``(i) by publishing 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 taking formal action at a 
                        public meeting; or
                            ``(ii) if State law provides for an 
                        alternative form of public notification, by 
                        providing that alternative public notification 
                        concerning the action; and
                    ``(D) provide an opportunity for public comment on 
                the action, including at least 1 public hearing, in 
                accordance with State law.
            ``(4) Notice of action.--The affected local government 
        shall provide notice of an authorization granted under this 
        subsection to--
                    ``(A) the Governor of the State;
                    ``(B) adjoining local governments in the State; and
                    ``(C) any adjoining Indian tribes.
    ``(e) Administrative Provisions.--
            ``(1) Reports by owners and operators.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this section and on April 1 of 
                each year thereafter, the owner or operator of each 
                landfill receiving out-of-State municipal solid waste 
                shall submit to the affected local government, and to 
                the Governor of the State in which the landfill is 
                located, information specifying the quantity and the 
                State of origin of out-of-State municipal solid waste 
                received for disposal during the preceding calendar 
                year.
                    ``(B) Penalty.--An owner or an operator that 
                submits a report under this paragraph contains false or 
                misleading information shall be subject to criminal 
                penalties.
            ``(2) Reports by the states.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this section and on May 1 of 
                each year thereafter, each State shall publish and make 
                available to the Administrator and the public, a report 
                that discloses--
                            ``(i) the quantity of out-of-State 
                        municipal solid waste received for disposal in 
                        the State during the preceding calendar year; 
                        and
                            ``(ii) the quantity of municipal solid 
                        waste exported for disposal during the 
                        preceding calendar year.
                    ``(B) Contents.--Each report under this 
                subparagraph (A) shall contain information on--
                            ``(i) the quantity of municipal solid waste 
                        received or exported;
                            ``(ii) the State of origin of the municipal 
                        solid waste;
                            ``(iii) the State receiving the municipal 
                        solid waste;
                            ``(iv) the identity of the generator of the 
                        municipal solid waste; and
                            ``(v) the date of the shipment of the 
                        municipal solid waste.
                    ``(C) Interstate msw list.--
                            ``(i) In general.--Not later than June 1 of 
                        each year, the Administrator shall publish a 
                        list that discloses, for each State--
                                    ``(I) the quantity of out-of-State 
                                municipal solid waste received at 
                                facilities in each State during the 
                                preceding calendar year; and
                                    ``(II) the quantities of municipal 
                                solid waste exported from each State in 
                                the preceding calendar year.
                            ``(ii) Reliance on reports by the states.--
                        In preparing the interstate MSW list--
                                    ``(I) the Administrator shall 
                                collate and publish only the 
                                information contained in reports 
                                submitted by States under paragraph 
                                (2); and
                                    ``(II) the Administrator shall not 
                                be required to--
                                            ``(aa) gather additional 
                                        information;
                                            ``(bb) verify data provided 
                                        by the States; or
                                            ``(cc) arbitrate or 
                                        otherwise entertain or resolve 
                                        disputes between States or 
                                        other parties concerning 
                                        interstate shipments of 
                                        municipal solid waste.
                    ``(D) No judicial review.--The contents of an 
                interstate MSW list or process of preparing an 
                interstate MSW list shall not be subject to judicial 
                review.
            ``(3) Savings provision.--Nothing in this subsection 
        preempts any State requirement that requires more frequent 
        reporting of information.
    ``(f) State Import Fee.--
            ``(1) Authority.--Beginning in calendar year 2001, a State 
        that imports municipal solid waste may impose and collect a fee 
        on the importation of out-of-State municipal solid waste for 
        disposal in a landfill in the State.
            ``(2) Amount of state import fee.--
                    ``(A) In general.--The amount of a State import fee 
                charged under this paragraph shall not be greater than 
                $3 per ton of municipal solid waste.
                    ``(B) Exception.--Beginning in 2002, a State that 
                allows continued importation of waste from a super 
                exporting State may charge additional fees on that 
                imported municipal solid waste as follows:
                            ``(i) In calendar year 2002, $25 per ton.
                            ``(ii) In calendar year 2003, $50 per ton.
                            ``(iii) In calendar year 2004 and in each 
                        succeeding calendar year, $100 per ton.
    ``(g) 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.''.
    (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:

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