[Congressional Record Volume 140, Number 4 (Friday, January 28, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CONRAD:
  S. 1808. A bill to amend the Solid Waste Disposal Act to allow States 
to regulate the disposal of municipal solid waste generated outside of 
the State, and for other purposes; to the Committee on Environment and 
Public Works.


                  the solid waste disposal act of 1994

  Mr. CONRAD. Mr. President, this morning I rise to introduce 
legislation with respect to the problem of interstate transportation of 
municipal solid waste. All across America, the trash is stacking up. We 
are seeing the garbage merchants of America try to find new places to 
take what has been produced in certain States that have pretty much 
filled their landfills. Now they are searching for new targets of 
opportunity.
  Where are they going to dump these mounds and mounds of trash and 
garbage? We are talking about some 15 to 18 million tons that are now 
moving across State borders every year. That number is doing nothing 
but growing. Already the target States have become quite clear. They 
are looking at a State like mine, the State of North Dakota, large vast 
acreage, low population. They are looking at States like the State of 
the distinguished occupant of the chair, the State of Nebraska. They 
are looking at Montana; they are looking at South Dakota; they are 
looking at the heartland of the country.
  These States ought to have an ability to make a decision on what 
comes into their States. That is fundamental. Currently, whenever a 
State takes action, lawsuits are brought and the argument is made that 
under the commerce clause of the Constitution, a State cannot do 
anything to inhibit what moves in interstate commerce. They cannot do 
anything unless the Congress takes action.
  That is what my bill is all about--allowing the States to take 
action. It seems abundantly fair and reasonable that a State ought to 
the able to determine what sort of waste comes into its borders, what 
is dumped there and how it is treated.
  Mr. President, you as a former Governor of a State I think would be 
among the first to recognize that a Governor ought to be able to make a 
determination as to whether or not certain shipments are brought into 
the State that that Governor presides over. My legislation provides for 
that.

  Second, my legislation provides that the entire affected local 
community ought to make a decision on what comes into that town or that 
city. Right now we have a situation in which a very small town--in my 
State, we have four towns that are incorporated that have 10 people or 
less in them--might make a decision that affects a much larger 
community very close by. My legislation says the Governor ought to be 
able to make a determination on what the affected community is and that 
affected community should make a determination on what comes into it.
  Third, my legislation provides that there ought to be full disclosure 
before any permit is granted for interstate waste. What are the 
economic implications? What are the environmental effects? What are the 
long-term plans of the company that is pursuing a waste permit?
  We have seen examples around the country where a local entity would 
get a permit for a landfill and then a large out-of-State interest 
would come in and buy that local entity, greatly expand the permit, and 
there was very little that could be done at the local level. That 
should not be the case. The local community ought to know what is the 
future plan before any permit is granted.
  In addition, they ought to have financial disclosure. What is the 
financial strength of the company? What is the ability of that company 
to assure that the proper environmental and health standards are 
pursued?
  Finally, there ought to be full disclosure on the background of the 
companies that are seeking these permits. What is their history of 
violation of the terms of permits that have been granted to them in 
other locations? That ought to be made known to local and State 
authorities before any permits are granted.
  So, Mr. President, I rise today to introduce this bill which I think 
is the toughest bill on interstate waste that has ever been introduced 
in the U.S. Senate. I do it because local units of government, States 
and communities ought to have the right to protect themselves. They 
ought to be able to make decisions on what is going to come into their 
cities and States, and they ought to have full disclosure of what it 
all means. That is what this legislation provides.
  I have already talked to Senator Coats, of Indiana, who has been a 
leader in this area, and have asked him to give close consideration to 
the legislation and also that we move forward with those who are in 
States that, frankly, are surplus producers of waste so that we can 
reach some agreement in the near future.
  I ask unanimous consent that a copy of the legislation be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1808

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

     SECTION 1. AUTHORITY TO REGULATE OUT-OF-STATE WASTE.

       Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 
     et seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 4011. AUTHORIZATION FOR STATES TO REGULATE MUNICIPAL 
                   SOLID WASTE GENERATED IN ANOTHER STATE.

       ``(a) Authority to Regulate.--
       ``(1) In general.--Each State is authorized to enact and 
     enforce a State law that regulates the treatment, 
     incineration, and disposal of municipal solid waste generated 
     in another State.
       ``(2) Authorities.--A State law referred to in paragraph 
     (1) may include provisions for--
       ``(A) the imposition of a ban or limit on the importation 
     of municipal solid waste generated outside of the State; and
       ``(B) the collection of differential fees or other charges 
     for the treatment, incineration, or disposal of municipal 
     solid waste generated in another State.
       ``(b) Local Government Approval.--
       ``(1) In general.--Except as provided in paragraph (2) or 
     as otherwise provided under State law, the owner or operator 
     of a landfill, incinerator, or other waste disposal facility 
     in a State may not accept for treatment, incineration, or 
     disposal any municipal solid waste generated outside of the 
     State unless the owner or operator has obtained a written 
     authorization to accept the waste from--
       ``(A) the affected local government; and
       ``(B) any affected local solid waste planning unit 
     established pursuant to the law of the State.
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) shall not apply with 
     respect to an owner or operator of a landfill, incinerator, 
     or other waste disposal facility that--
       ``(i) otherwise complies with all applicable laws of the 
     State in which the facility is located relating to the 
     treatment, incineration, or disposal of municipal solid 
     waste; and
       ``(ii) during 1992, accepted for treatment, incineration, 
     or disposal municipal solid waste generated outside of the 
     State.
       ``(B) Existing authorizations.--An owner or operator of a 
     facility described in paragraph (1) who, prior to the date of 
     enactment of this section, obtained a written authorization 
     from--
       ``(i) the appropriate official of a political subdivision 
     of the State (as determined by the State); and
       ``(ii) any affected local solid waste planning unit 
     established pursuant to the law of the State,

     to carry out the treatment, incineration, or disposal of 
     municipal solid waste generated outside of the State shall, 
     during the applicable period of the authorization, be 
     considered to be in compliance with the requirements of 
     paragraph (1).
       ``(C) Facilities under construction.--If, prior to the date 
     of enactment of this section, an appropriate political 
     subdivision of a State (as determined by the State) and any 
     affected local solid waste planning unit established pursuant 
     to the law of the State issued a written authorization for a 
     facility that is under construction, or is to be constructed, 
     to accept for treatment, incineration, or disposal municipal 
     solid waste generated outside of the State, at such time as 
     the construction is completed, the owner or operator of the 
     facility shall be considered to be in compliance with the 
     requirements of paragraph (1) during the applicable period of 
     the authorization.
       ``(3) Expansion of facilities.--An owner or operator who 
     expands a landfill, incinerator, or other waste disposal 
     facility shall be required to obtain the applicable 
     authorizations required under paragraph (1) prior to 
     accepting for treatment, incineration, or disposal municipal 
     solid waste that is generated outside of the State.
       ``(4) Prior disclosure.--Prior to formal action with 
     respect to an authorization to receive municipal solid waste 
     or incinerator ash generated outside of the State, the 
     affected local government and the affected local solid waste 
     planning unit shall--
       ``(A) require and make readily available to the Governor, 
     adjoining Indian tribes, and other interested persons for 
     inspection and copying, from the owner or operator of the 
     facility seeking the authorization--
       ``(i) a brief description of the planned facility, 
     including a description of the facility size, ultimate waste 
     capacity, and anticipated monthly and yearly waste quantity 
     to be handled;
       ``(ii) a map of the facility site that indicates--

       ``(I) the location of the facility in relation to the local 
     road system and topographical and hydrological features; and
       ``(II) any buffer zones and facility units to be acquired 
     by the owner or operator of the facility;

       ``(iii) a description of the then current environmental 
     characteristics of the site, including information 
     regarding--

       ``(I) ground water resources; and
       ``(II) alterations that may be necessitated by or occur as 
     a result of the facility;

       ``(iv) a description of--

       ``(I) appropriate environmental controls to be utilized on 
     the site, including run-on or run-off management, air 
     pollution control devices, source separation procedures, 
     methane monitoring and control, landfill covers, liners, 
     leachate collection systems, and monitoring and testing 
     programs; and
       ``(II) any waste residuals generated by the facility, 
     including leachate or ash, and the planned management of the 
     residuals;

       ``(v) a description of the 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;
       ``(vi) a list of all required Federal, State, and local 
     permits required to operate the landfill and receive waste 
     generated outside of the State;
       ``(vii) estimates of the personnel requirements of the 
     facility, including information regarding the probable skill 
     and education levels required for jobs at the facility that 
     distinguishes between employment statistics for pre- and 
     post-operational levels;
       ``(viii)(I) information with respect to any violations of 
     regulations by the owner or operator, or subsidiaries;
       ``(II) the disposition of enforcement proceedings taken 
     with respect to the violations; and
       ``(III) corrective action and rehabilitation measures taken 
     as a result of the proceedings;
       ``(ix) information required by State law to be provided 
     with respect to gifts, contributions, and contracts by the 
     owner or operator to any elected or appointed public 
     official, agency, institution, business, or charity located 
     within the affected local area to be served by the facility;
       ``(x) information required by State law to be provided by 
     the owner or operator with respect to compliance by the owner 
     or operator with the State solid waste management plan in 
     effect pursuant to section 4007;
       ``(xi) information with respect to the source and amount of 
     capital required to construct and operate the facility in 
     accordance with the information provided under clauses (i) 
     through (vii); and
       ``(xii) information with respect to the source and amount 
     of insurance, collateral, or bond secured by the applicant to 
     meet all Federal and State requirements;
       ``(B) provide opportunity for public comment, including at 
     least 1 public hearing; and
       ``(C) not less than 30 days prior to formal action--
       ``(i) publish notice of the action in a newspaper of 
     general circulation; and
       ``(ii) notify the Governor, adjoining local governments, 
     and any adjoining Indian tribes.
       ``(c) Designation of Affected Local Government.--Not later 
     than 90 days after the date of enactment of this section, the 
     Governor of each State shall, for the purpose of this 
     section, designate the type of political subdivision of the 
     State that shall serve as the affected local government with 
     respect to authorizing a facility to accept for treatment, 
     incineration, or disposal of municipal solid waste generated 
     outside of the State. If the Governor of a State fails to 
     make a designation by the date specified in this subsection, 
     the affected local government shall be the public body with 
     primary jurisdiction over the land or use of the land on 
     which the facility is located.
       ``(d) Definitions.--As used in this section:
       ``(1) Affected local government.--The term `affected local 
     government' means the elected officials of the political 
     subdivision of the State in which a facility for the 
     treatment, incineration, or disposal of municipal solid waste 
     is located (as designated by the State pursuant to subsection 
     (c)).
       ``(2) Affected local solid waste planning unit.--The term 
     `affected local solid waste planning unit' means a planning 
     unit established pursuant to State law that has--
       ``(A) jurisdiction over the geographic area in which a 
     facility referred to in paragraph (1) is located; and
       ``(B) authority relating to solid waste management 
     planning.
       ``(3) Governor.--The term `Governor' means the Governor of 
     a State or the equivalent official of the State if the State 
     does not have a Governor.
       ``(4) Municipal solid waste.--
       ``(A) In general.--The term `municipal solid waste' means 
     refuse, and any nonhazardous residue generated from the 
     combustion of the refuse, generated by--
       ``(i) the general public; or
       ``(ii) a residential, commercial, or industrial source (or 
     any combination of the sources).
       ``(B) Composition.--The term includes refuse that consists 
     of paper, wood, yard waste, plastic, leather, rubber, or 
     other combustible or noncombustible material such as metal or 
     glass (or any combination of the materials).
       ``(C) Exclusions.--The term does not include--
       ``(i) hazardous waste identified pursuant to section 3001;
       ``(ii) waste resulting from an action taken pursuant to 
     section 104 or 106 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9604 or 9606);
       ``(iii) any material collected for the purpose of recycling 
     or reclamation;
       ``(iv) waste generated in the provision of service in 
     interstate, intrastate, foreign, or overseas air 
     transportation;
       ``(v) industrial waste (including debris from construction 
     or demolition) that is not identical to municipal solid waste 
     in composition and physical and chemical characteristics; and
       ``(vi) medical waste that is segregated from municipal 
     solid waste.''.

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