111 HR 274 IH: Solid Waste Interstate Transportation Act of 2009
U.S. House of Representatives
2009-01-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Solid Waste Interstate Transportation
Act of 2009
.
2.Interstate
transportation and disposal of municipal solid waste
(a)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:
4011.Receipt and
disposal of out-of-State municipal solid waste
(a)Presumptive ban
on receipt of out-of-state wasteNo landfill or incinerator may
receive any out-of-State municipal solid waste for disposal or incineration
unless the waste is received pursuant to—
(1)a host community
agreement in accordance with subsection (b) or (c); or
(2)an exemption under
subsection (d).
(b)Existing host
community agreementsExcept as provided in subsection (e), (f),
or (g), out-of-State municipal solid waste may be received at a landfill or
incinerator for disposal or incineration pursuant to a host community agreement
entered into before the enactment of this section if—
(1)the agreement
specifically authorizes the owner or operator to accept, at the landfill or
incinerator, out-of-State municipal solid waste; and
(2)the owner or
operator complies with all of the terms and conditions of the host community
agreement.
The owner
or operator shall provide a copy of the host community agreement, within 90
days after the enactment of this section, to the State and affected local
government and make such a copy available for inspection by the public in the
affected local community.(c)New host
community agreements
(1)Except as provided in subsection (e), out-of-State municipal
solid waste may be received at a landfill or incinerator for disposal or
incineration pursuant to a host community agreement entered into or amended on
or after the enactment of this section (in this section referred to as a
new host community agreement
) if the agreement specifically
authorizes the receipt of such waste and meets the requirements of paragraphs
(2) through (6) of this subsection.
(2)Requirements for
authorizationAn authorization to receive out-of-State municipal
solid waste pursuant to a new host community agreement shall be granted by
formal action at a meeting; be recorded in writing in the official record of
the meeting; and remain in effect according to its terms. Such authorization
shall specify terms and conditions, including an amount of out-of-State
municipal solid waste that an owner or operator may receive and the duration of
the authorization.
(3)Prior
to seeking an authorization to receive out-of-State municipal solid waste
pursuant to a new host community agreement under this subsection, the owner or
operator of the facility seeking such authorization shall provide (and make
readily available to the State, each contiguous local government and Indian
tribe, and any other interested person for inspection and copying) each of the
following items of information:
(A)A brief
description of the facility, including, with respect to both the facility and
any planned expansion of the facility, the size, the ultimate waste capacity,
and the anticipated monthly and yearly quantities of waste to be handled. Such
quantities shall be expressed in terms of volume.
(B)A map of the
facility site indicating location in relation to the local road system and
topography and general hydrogeological features. The map shall indicate any
buffer zones to be acquired by the owner or operator as well as all facility
units.
(C)A description of
the then current environmental characteristics of the site, a description of
ground water use in the area, and a discussion of alterations that may be
necessitated by, or occur as a result of, the facility. The description of
groundwater use shall include identification of private wells and public
drinking water sources.
(D)A description of
environmental controls typically required to be used on the site (pursuant to
permit requirements), including run on or run off management, or both, air
pollution control devices, source separation procedures (if any), methane
monitoring and control, landfill covers, liners or leachate collection systems,
and monitoring programs. In addition, the description shall include a
description of any waste residuals generated by the facility, including
leachate or ash, and the planned management of the residuals.
(E)A description of
site access controls to be employed, and roadway improvements to be made, by
the owner or operator, and an estimate of the timing and extent of increased
local truck traffic.
(F)A list of all
required Federal, State, and local permits.
(G)Estimates of the
personnel requirements of the facility, including information regarding the
probable skill and education levels required for jobs at the facility. To the
extent practicable, the information shall distinguish between employment
statistics for preoperational and postoperational levels.
(H)Any information
that is required by State or Federal law to be provided with respect to any
violations of environmental laws (including regulations) by the owner, the
operator, and any subsidiary of the owner or operator, the disposition of
enforcement proceedings taken with respect to the violations, and corrective
action and rehabilitation measures taken as a result of the proceedings.
(I)Any information
that is required by State or Federal law to be provided with respect to gifts
and contributions made by the owner or operator.
(J)Any information
that is required by State or Federal law to be provided with respect to
compliance by the owner or operator with the State solid waste management
plan.
(4)Prior to taking formal action with respect to
granting authorization to receive out-of-State municipal solid waste pursuant
to a new host community agreement under this subsection, an affected local
government shall—
(A)notify the State,
contiguous local governments, and any contiguous Indian tribes;
(B)publish notice of
the action in a newspaper of general circulation in the affected area at least
15 days before holding a hearing under subparagraph (C), except where State law
provides for an alternate form of public notification;
(C)provide an
opportunity for public comment, including at least 1 public hearing; and
(D)make publicly
available the entire text of the new host community agreement.
(5)Promptly, but not later than 90 days after an
authorization is granted pursuant to a new host community agreement under this
subsection, the affected local government shall notify the Governor, contiguous
local governments, and any contiguous Indian tribes of such
authorization.
(6)The owner or
operator of a facility authorized to receive out-of-State municipal solid waste
pursuant to a new host community agreement under this subsection shall ensure
that copies of the entire text of such agreement are readily available to the
public and are provided within 5 days after a request from any person. Such
owner or operator may recover reasonable costs of providing each copy.
(7)
(A)A State may enact a law or laws with respect to the
entry, by an affected local government in the State, into a host community
agreement, as it relates to the interstate transportation of solid
waste.
(B)In enacting a law or laws pursuant to subparagraph
(A), a State shall act in a consistent manner that does not discriminate
against the receipt of out-of-State municipal solid waste on the basis of State
of origin.
(d)Exemption for
waste not subject to host community agreements
(1)Except as provided in subsection (e), out-of-State municipal
solid waste received at a landfill or incinerator shall be exempt from the
presumptive ban contained in subsection (a) if the owner or operator of the
landfill or incinerator provides to the State in which the landfill or
incinerator is located and to the affected local government either of the
following:
(A)Information
establishing that, before the enactment of this section, the owner or operator
of the landfill or incinerator has received a State permit that specifically
authorizes the owner or operator to accept, at the landfill or incinerator,
such out-of-State municipal solid waste. This subparagraph shall be effective
only if the owner or operator complies with all of the terms and conditions of
the permit after the date of enactment of this section and notifies the
affected local government of the permit as soon as practicable but not later
than 90 days after the date of enactment of this section.
(B)Information
establishing that the owner or operator of the landfill or incinerator has
entered into a binding contract before January 1, 2009, that commits to the
delivery to and receipt at the landfill or incinerator of a specific quantity
of out-of-State municipal solid waste and that the owner or operator of the
landfill or incinerator has permitted capacity actually available on the date
of enactment of this section for receipt of the specific quantity of
out-of-State municipal solid waste committed to in the contract. This
subparagraph shall be effective only for the longer of—
(i)the life of the
contract (not including any renewal, novation, or extension thereof); or
(ii)a
period of 3 years after the date of enactment of this section,
and
only with respect to the amount of the obligation in the contract.(2)Availability of
documentationThe owner or operator of a landfill or incinerator
receiving out-of-State municipal solid waste pursuant to an exemption under
paragraph (1) shall make available for inspection by the public in the affected
local community a copy of the permit or contract referred to in paragraph (1).
The owner or operator may omit any proprietary information contained in
contracts.
(3)Denied or revoked
permitsA landfill or incinerator may not receive for disposal or
incineration out-of-State municipal solid waste pursuant to an exemption under
paragraph (1) if the operating permit for the landfill or incinerator (or
renewal thereof) was denied or revoked by the appropriate State agency before
the date of enactment of this section, unless such permit or license (or
renewal) has been reinstated as of such date of enactment.
(e)Exemptions under subsections (b), (c), and (d) shall
not apply to a landfill or incinerator during any period with respect to which
the State in which the facility is located has administratively determined that
the facility is not in compliance with applicable Federal, State, or local laws
and regulations relating to—
(1)facility
operation, design, and construction;
(2)in the case of
landfills, facility location standards, leachate collection standards,
groundwater monitoring standards, runoff controls, emission controls, landfill
cover and dust suppression requirements, environmental controls, and standards
for financial assurance and for closure and postclosure and corrective action;
and
(3)the applicable
requirements of the Clean Air Act and
this Act.
(f)Authority of
State To restrict out-of-state municipal solid waste
(1)Limitations on
amount of waste received
(A)Limit for all
facilities in the StateA State may limit the amount of
out-of-State municipal solid waste received annually at each landfill or
incinerator in the State to the limitation amount described in paragraph (2),
except as provided in this subsection. No such limit may conflict—
(i)with
provisions of a permit specifically authorizing the owner or operator to
accept, at the facility, out-of-State municipal solid waste; or
(ii)with a host
community agreement entered into between the owner or operator of any such
landfill or incinerator and the affected local government that, before January
1, 2009, specifically authorizes the landfill or incinerator to receive
out-of-State municipal solid waste.
(B)If
a facility received less than 100,000 tons of out-of-State municipal solid
waste during the previous year, a limit referred to in subparagraph (A) shall
be treated as conflicting with—
(i)a
permit if the permit establishes a higher limit or does not establish any limit
on the amount of out-of-State municipal solid waste which may be received
annually at the facility; and
(ii)a
host community agreement if the host community agreement establishes a higher
limit or does not establish any limit on the amount of out-of-State municipal
solid waste which may be received annually at the facility, but only to the
extent that the landfill or incinerator, at the time the host community
agreement was entered into, had specifically permitted capacity to receive the
solid waste authorized by the host community agreement.
(C)Limit for
particular facilitiesAn affected local government that has not
executed a host community agreement with a particular landfill or incinerator
may limit the amount of out-of-State municipal solid waste received annually at
the landfill or incinerator concerned to the limitation amount described in
paragraph (2). No such limit may conflict with provisions of a permit
specifically authorizing the owner or operator to accept, at the facility,
out-of-State municipal solid waste.
(D)Nothing in this subsection shall be interpreted or construed
to supersede any State law relating to contracts.
(2)For any landfill or
incinerator that commenced receiving documented out-of-State municipal solid
waste before the date of enactment of this section, the limitation amount
referred to in paragraph (1) for any year shall be equal to the amount of
out-of-State municipal solid waste received at the landfill or incinerator
concerned during calendar year 1993, or, in the case of a State which did not
require documentation of the sort required by this paragraph to be kept for
calendar year 1993, the first subsequent calendar year for which the State
required such documentation. The documentation referred to in this paragraph
shall be such as would result in civil or criminal penalties under State law in
case of false or misleading information. Such documentation shall include the
amount of waste received in 1993, or such other baseline year as is provided
for in this paragraph, and may include place of origin, identity of the
generator, date of shipment, and type of waste.
(3)In establishing a limitation under this
subsection, a State shall act in a consistent manner that does not discriminate
against any shipments of out-of-State municipal solid waste on the basis of
State of origin.
(g)Limitations on
prospective waste flows
(1)State authority
to deny permitsA State may
provide by law that the State will deny or refuse to renew, and a State that
does not provide for renewal of permits may provide by law that the State will,
upon State review of the permit or application for amendment to the permit,
revoke all or part of or refuse to amend, a permit for the construction,
expansion, increase in capacity, transfer of ownership, or operation of a
landfill or incinerator, or for a major modification to an existing landfill or
incinerator, if—
(A)the State has
approved a State or local comprehensive municipal solid waste management plan
developed under Federal or State law; and
(B)the denial, refusal to renew or amend, or
revocation is based on a determination, pursuant to a State law authorizing the
denial, refusal to renew or amend, or revocation, that there is not a local or
regional need for the landfill or incinerator in the State.
(2)
(A)A State may provide
by law that a State permit issued or renewed after the date of enactment of
this section, and, in the case of a State that does not provide for renewal of
permits, a State permit amended or reviewed by the State, for the construction,
expansion, increase in capacity, transfer of ownership, or operation of a
municipal solid waste landfill or incinerator shall include a requirement that
not more than a specified percentage of the total amount of municipal solid
waste received annually at the landfill or incinerator may be out-of-State
municipal solid waste. A percentage limitation established by a State under
this subparagraph shall not be less than 20 percent.
(B)Notwithstanding
subparagraphs (A) and (C), a landfill or incinerator acting pursuant to a host
community agreement entered into prior to January 1, 2009, that specifically
authorizes the landfill or incinerator to receive a specific quantity of
out-of-State municipal solid waste annually may receive the specific quantity
authorized under the host community agreement, but only to the extent that the
landfill or incinerator, at the time the host community agreement was entered
into, had specifically permitted capacity to receive the solid waste authorized
by the host community agreement.
(C)An
annual percentage limitation referred to in subparagraph (A)—
(i)shall be uniform
for all municipal solid waste landfills and incinerators in the State;
and
(ii)may not
discriminate against out-of-State municipal solid waste according to the State
of origin.
(h)Authority of
State To restrict out-of-state municipal solid waste based on recycling
programs
(1)
(A)A
State may limit the amount of out-of-State municipal solid waste received
annually at each landfill or incinerator in the State to the amount of
out-of-State municipal solid waste received at the landfill or incinerator
concerned during calendar year 1995 if the State has enacted a comprehensive,
statewide recycling program. No such limit may conflict—
(i)with provisions of
a permit specifically authorizing the owner or operator to accept, at the
facility, out-of-State municipal solid waste; or
(ii)with a host
community agreement entered into between the owner or operator of any such
landfill or incinerator and the affected local government.
(B)A
limit referred to in subparagraph (A) shall be treated as conflicting
with—
(i)a
permit if the permit establishes a higher limit or does not establish any limit
on the amount of out-of-State municipal solid waste which may be received
annually at the facility; and
(ii)a
host community agreement if the host community agreement establishes a higher
limit or does not establish any limit on the amount of out-of-State municipal
solid waste which may be received annually at the facility, but only to the
extent that the landfill or incinerator, at the time the host community
agreement was entered into, had specifically permitted capacity to receive the
solid waste authorized by the host community agreement.
(2)In establishing a limitation under this
subsection, a State shall act in a consistent manner that does not discriminate
against any shipments of out-of-State municipal solid waste on the basis of
State of origin.
(3)Nothing in this subsection shall be interpreted or construed
to supersede any State law relating to contracts.
(4)As
used in this subsection, the term comprehensive, statewide recycling
program means a law of statewide applicability that requires the
generators of municipal solid waste to separate all of the following materials
for recycling as a condition of disposing of the waste at landfills or
incinerators in the State:
(A)Aluminum
containers.
(B)Corrugated paper
or other container board.
(C)Glass
containers.
(D)Magazines or other
material printed on similar paper.
(E)Newspapers or
other material printed on newsprint.
(F)Office
paper.
(G)Plastic
containers.
(H)Steel
containers.
(I)Containers for
carbonated or malt beverages that are primarily made of a combination of steel
and aluminum.
(i)
(1)A
State may impose and collect a cost recovery charge on the processing,
combustion, or disposal in a landfill or incinerator of out-of-State municipal
solid waste in the State in accordance with this subsection.
(2)The amount of the cost recovery surcharge may be no
greater than the amount necessary to recover those costs determined in
conformance with paragraph (4) and in no event may exceed $3.00 per ton of
waste.
(3)Use of surcharge
collectedAll cost recovery surcharges collected by a State shall
be used to fund those solid waste management programs administered by the State
or its political subdivision that incur costs for which the surcharge is
collected.
(4)(A)Subject to subparagraphs
(B) and (C), a State may impose and collect a cost recovery surcharge on the
processing, combustion, or disposal within the State of out-of-State municipal
solid waste if—
(i)the State demonstrates a cost to
the State or its political subdivisions arising from the processing,
combustion, or disposal within the State of a volume of municipal solid waste
from a source outside the State;
(ii)the surcharge is based on those
costs demonstrated under clause (i) that, if not paid for through the
surcharge, would otherwise have to be paid or subsidized by the State or its
political subdivisions; and
(iii)the surcharge is compensatory and
is not discriminatory.
(B)In
no event shall a cost recovery surcharge be imposed by a State to the extent
that the cost for which recovery is sought is otherwise paid, recovered, or
offset by any other fee or tax paid to the State or its political subdivision
in connection with the generation, transportation, treatment, processing,
combustion, or disposal of solid waste. Any provision in a host community
agreement that places responsibility for payment or reimbursement for fees
under this subsection on the host community is hereby declared null and
void.
(C)The grant of a subsidy by a State with
respect to entities disposing of waste generated within the State does not
constitute discrimination for purposes of subparagraph (A)(iii).
(5)As
used in this subsection:
(A)The term
costs means the costs incurred by the State for the implementation
of its laws governing the processing, combustion, or disposal of municipal
solid waste, limited to the issuance of new permits and renewal of or
modification of permits, inspection and compliance monitoring, enforcement, and
costs associated with technical assistance, data management, and collection of
fees.
(B)The term
processing means any activity to reduce the volume of solid waste
or alter its chemical, biological or physical state, through processes such as
thermal treatment, bailing, composting, crushing, shredding, separation, or
compaction.
(j)A State may require that a State-employed
or authorized inspector be onsite during any or all hours of operation at any
facility that receives out-of-State municipal solid waste. Such inspectors
shall be authorized to ensure the enforcement of Federal, State, and local laws
and regulations relating to the receipt of out-of-State municipal solid waste,
and to ensure that out-of-State municipal solid waste received at a transfer
facility or other interim holding facility remains identifiable as out-of-State
municipal solid waste when transferred to a landfill or incinerator. The State
may require reimbursement from the facility for reasonable costs of providing
such inspectors.
(k)Implementation
and enforcementAny State may adopt such laws and regulations,
not inconsistent with this section, as are necessary to implement and enforce
this section, including provisions for penalties.
(l)Effect on
interstate commerceNo State or local government action taken as
authorized by this section, including the establishment of a limit pursuant to
subsection (f) or the enactment or execution of a law or regulation described
in subsection (c)(7), (g), (h), (i), or (k), shall be considered to impose an
undue burden on interstate commerce or to otherwise impair, restrain, or
discriminate against interstate commerce.
(m)Each year the owner or
operator of each landfill or incinerator receiving out-of-State municipal solid
waste shall submit to the Governor of the State in which the landfill or
incinerator is located information specifying the amount of out-of-State
municipal solid waste received for disposal during the preceding year, its
place of origin, the identity of the generator, the date of shipments, and the
type of waste received. Each year each such State shall publish and make
available to the public a report containing information on the amount of
out-of-State municipal solid waste received for disposal in the State during
the preceding year.
(n)For
purposes of this section:
(1)Affected local
governmentThe 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;
(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 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; or
(C)contiguous units
of local government located in each of 2 or more adjoining States acting
jointly as an affected local government, pursuant to the authority provided in
section 1005(b), for purposes of providing authorization under subsection (b),
(c), or (d) for municipal solid waste generated in the jurisdiction of one of
those units of local government and received for disposal or incineration in
the jurisdiction of another.
(2)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.
(3)
(A)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;
(ii)sewage sludge and residuals from any sewage
treatment plant;
(iii)combustion ash
generated by resource recovery facilities or municipal incinerators;
(iv)petroleum
contaminated soil; and
(v)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)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 (other than petroleum 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)Waste from
manufacturing or processing (including pollution control) operations not
essentially the same as waste normally generated by households.
(4)Out-of-state
municipal solid wasteThe
term out-of-State municipal solid waste means, with respect to any
State, municipal solid waste generated outside of the State. The term includes
municipal solid waste generated outside of the United States and includes
municipal solid waste generated outside of the State that has passed through a
transfer facility or other interim holding facility inside the State.
(5)The term recyclable materials means
materials that are diverted, separated from, or separately managed from
materials otherwise destined for disposal as solid waste, by collecting,
sorting, or processing for use as raw materials or feedstocks in lieu of, or in
addition to, virgin materials, including petroleum, in the manufacture of
usable materials or products.
(6)(A)Except as provided in
subparagraph (B), the term specifically authorizes refers to an
explicit authorization, contained in a host community agreement or permit, to
import municipal solid waste from outside the State. Such authorization may
include a reference to a fixed radius surrounding the landfill or incinerator
which includes an area outside the State or a reference to any place of
origin
, reference to specific places outside the State, or use of such
phrases as regardless of origin
or outside the
State
.
(B)If
a landfill or incinerator received 100,000 tons of out-of-State municipal solid
waste or more during the previous year, when applied to such landfill or
incinerator the term specifically authorizes
refers to an
explicit authorization, contained in a host community agreement or permit, to
import specific volumes or other specific quantities of municipal solid waste
from outside the State.
(C)The language for a specific authorization
under this paragraph must clearly and affirmatively state the approval or
consent of the affected local government or State for receipt of municipal
solid waste from sources or locations outside the State from which the owner or
operator of a landfill or incinerator proposes to import it. The term shall not
include general references to the receipt of waste from outside the
jurisdiction of the affected local
government.
.
(b)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. Receipt and disposal of
out-of-State municipal solid
waste.
.
(c)Not later than one year after the date of the enactment
of this Act and annually for the next two years, the General Accounting Office
shall submit a report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of the Senate
that contains the following information:
(1)Available
information for each State that imports municipal solid waste detailing any
incidents or circumstances where waste materials that are not authorized by
permit to be disposed of at a landfill or incinerator have been discovered in
the imported municipal solid waste during the transportation, processing, or
disposal of such waste. Such unauthorized waste materials can include hazardous
waste, medical waste, radioactive waste, and industrial waste.
(2)For each incident
or circumstance identified under paragraph (1), an indication of the method or
circumstances of detection, and the identity of the source of the waste, the
transporter, and the disposal facility.
(3)For each incident
or circumstance identified under paragraph (1), an indication of whether anyone
was cited for a violation, and if so the nature of the violation and any
penalty assessed.