[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 593 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 593

 To amend the Solid Waste Disposal Act to authorize States to restrict 
   receipt of foreign municipal solid waste, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2005

   Mr. Rogers of Michigan (for himself, Mr. Camp, Mr. McCotter, Mr. 
Knollenberg, Mrs. Miller of Michigan, Mr. Hoekstra, Mr. Upton, and Mr. 
Schwarz of Michigan) introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to authorize States to restrict 
   receipt of foreign 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. INTERSTATE AND INTERNATIONAL 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 after section 4010 the 
following new section:

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

    ``(a) Authority.--A State may enact a law or laws imposing 
limitations (including a prohibition) on the receipt and disposal of 
foreign municipal solid waste.
    ``(b) Effect on Interstate and Foreign Commerce.--No State action 
taken as authorized by this section shall be considered to impose an 
undue burden on interstate and foreign commerce or to otherwise impair, 
restrain, or discriminate against interstate and foreign commerce.
    ``(c) Definitions.--For purposes of this section:
            ``(1) Foreign municipal solid waste.--The term `foreign 
        municipal solid waste' means municipal solid waste generated 
        outside of the United States.
            ``(2) Municipal solid waste.--
                    ``(A) Waste included.--Except as provided in 
                subparagraph (B), the term `municipal solid waste' 
                means--
                            ``(i) all waste materials discarded for 
                        disposal by households, including single and 
                        multifamily residences, and hotels and motels; 
                        and
                            ``(ii) all waste materials discarded for 
                        disposal that were generated by commercial, 
                        institutional, municipal, and industrial 
                        sources, to the extent such materials--
                                    ``(I) are essentially the same as 
                                materials described in clause (i); and
                                    ``(II) were collected and disposed 
                                of with other municipal solid waste 
                                described in clause (i) or subclause 
                                (I) of this clause as part of normal 
                                municipal solid waste collection 
                                services, except that this subclause 
                                does not apply to hazardous materials 
                                other than hazardous materials that, 
                                pursuant to regulations issued under 
                                section 3001(d), are not subject to 
                                regulation under subtitle C.
                Examples of municipal solid waste include food and yard 
                waste, paper, clothing, appliances, consumer product 
                packaging, disposable diapers, office supplies, 
                cosmetics, glass and metal food containers, and 
                household hazardous waste. Such term shall include 
                debris resulting from construction, remodeling, repair, 
                or demolition of structures.
                    ``(B) Waste not included.--The term `municipal 
                solid waste' does not include any of the following:
                            ``(i) Any solid waste identified or listed 
                        as a hazardous waste under section 3001, except 
                        for household hazardous waste.
                            ``(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 or 
                                9606);
                                    ``(II) a response action taken 
                                under a State law with authorities 
                                comparable to the authorities of such 
                                section 104 or 106; or
                                    ``(III) a corrective action taken 
                                under this Act.
                            ``(iii) Recyclable materials that have been 
                        separated, at the source of the waste, from 
                        waste otherwise destined for disposal or that 
                        have been managed separately from waste 
                        destined for disposal.
                            ``(iv) Scrap rubber to be used as a fuel 
                        source.
                            ``(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.
                            ``(vi) 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 or unit thereof that is owned 
                                or operated by the generator of the 
                                waste, located on property owned by the 
                                generator or a company with which the 
                                generator is affiliated, or the 
                                capacity of which is contractually 
                                dedicated exclusively to a specific 
                                generator, so long as the disposal area 
                                complies with local and State land use 
                                and zoning regulations applicable to 
                                the disposal site.
                            ``(vii) Any medical waste that is 
                        segregated from or not mixed with solid waste.
                            ``(viii) Sewage sludge and residuals from 
                        any sewage treatment plant.
                            ``(ix) Combustion ash generated by resource 
                        recovery facilities or municipal incinerators, 
                        or waste from manufacturing or processing 
                        (including pollution control) operations not 
                        essentially the same as waste normally 
                        generated by households.''.
    (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 
after the item relating to section 4010 the following new item:

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