[Congressional Record Volume 140, Number 30 (Thursday, March 17, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 17, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
      INTRODUCTION OF INTERSTATE MUNICIPAL SOLID WASTE CONTROL ACT

                                 ______


                      HON. WILLIAM F. CLINGER, JR.

                            of pennsylvania

                    in the house of representatives

                        Thursday, March 17, 1994

  Mr. CLINGER. Mr. Speaker, perhaps it is apropos that the Pennsylvania 
delegation is introducing a bill to limit trash imports on St. 
Patrick's Day. It will no doubt take a lot of luck to pass interstate 
waste legislation during this Congress.
  As you know, Pennsylvania has the dubious distinction of being the 
No. 1 importer of other peoples' garbage. It is garbage from New York, 
New Jersey, and now even Canada--not our garbage--that is filling up 
many of our landfills. Simply put, it is not fair.
  We find ourselves in a very peculiar and unfair situation. In 1991, 
the amount of garbage imported was about 3 million tons; in 1992 we 
experienced a 26 percent increase which put us up to 3.8 million tons; 
and in 1993, although the final numbers are not yet in, it will be 
close to 4 million tons. If you include other types of waste imported, 
such as sludge and ash, it is closer to 5 million tons. Some of our 
largest Pennsylvania landfills are taking in almost 90 percent of their 
waste from out-of-State. The landfill space planned for handling our 
own trash is being eaten up, and the health and safety of our citizens 
is endangered with a proliferation of trash trucks on our highways.
  In my own district, which is a rural district and the target for 
every type of waste facility you can think of, it is estimated that 
over 120,000 tons of waste was imported from out-of-State last year. 
This amounts to over 432 pounds per person.
  This legislation is tough. It combines both the power of the Governor 
along with local officials to control waste imports. The Governor may 
limit the amount of out-of-State waste coming into the State as well as 
targeting specific facilities. In addition, the Governor may also ban 
out-of-State waste for new landfills and incinerators. Counties would 
have the same authority as the Governor to limit out-of-State waste, 
with the authority to restrict the amount further. If both the State 
and county want to restrict or prohibit out-of-State waste, the more 
restrictive limitation applies.
  Sixteen members of the Pennsylvania delegation are introducing this 
bill today because it is vitally important to the State of 
Pennsylvania, and to other States which import massive amounts of waste 
such as Indiana and Ohio, that Governors as well as local governments 
have the authority they need to limit the amount of garbage that comes 
into the State. Governor Casey supports this legislation and is 
actively pursuing this issue in Congress.
  At the same time that we are inundated with other peoples' garbage, 
Pennsylvania is very responsible in handling its own municipal waste. 
Pennsylvania has enacted a state law which requires communities to plan 
and dispose of their own trash. We now have close to 500 communities 
that have implemented curbside recycling programs. The amount we export 
outside of the State is less than 9 percent of the waste generated in 
the State.
  Citizens in Pennsylvania are frustrated and beating the drum loudly. 
They are asking for relief. By introducing this bill, we are sending a 
loud and clear message. It is time for Congress to act now.
  The text of the bill follows:

                                H.R. --

       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 Municipal Solid 
     Waste Control Act''.

     SEC. 2. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID 
                   WASTE.

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

     ``SEC. 4011. INTERSTATE TRANSPORTATION OF NONHAZARDOUS SOLID 
                   WASTE.

       ``(a) Authority to Limit Quantity in Existing Facilities.--
         ``(1) Limit based on prior years.--The Governor of a 
     State may limit the quantity of out-of-State municipal solid 
     waste received for disposal at each landfill or incinerator 
     in the State to an annual quantity equal to the quantity of 
     out-of-State municipal solid waste received for disposal at 
     the landfill or incinerator during the calendar year 1990, 
     1991, or 1992, whichever is less.
         ``(2) 30 percent limit.--The Governor of a State may 
     limit the quantity of out-of-State municipal solid waste 
     received for disposal at a landfill or incinerator in the 
     State to an annual quantity not greater than 30 percent of 
     all municipal solid waste received at that landfill or 
     incinerator during calendar year 1990, 1991, or 1992, 
     whichever is less, if, during calendar year 1990, 1991, or 
     1992, that landfill or incinerator received documented 
     shipments of more than 50,000 tons of out-of-State municipal 
     solid waste representing more than 30 percent of all 
     municipal solid waste received at the landfill or incinerator 
     during the calendar year concerned.
         ``(3) Authority to further limit.--Beginning with 
     calendar year 1995, the Governor of a State may limit the 
     disposal of out-of-State municipal solid waste at landfills 
     or incinerators in the State by reducing the 30 percent 
     annual quantity limitation in paragraph (2) to 20 percent in 
     each of calendar years 1996 and 1997, and to 10 percent in 
     each succeeding calendar year.
       ``(b) Authority To Prohibit Out-of-State Municipal Solid 
     Waste Disposal at Certain Landfills and Incinerators.--
         ``(1) New landfills and incinerators.--The Governor of a 
     State may prohibit the disposal of out-of-State municipal 
     solid waste in any new landfill or new incinerator in the 
     State.
         ``(2) Landfills not complying with certain laws.--The 
     Governor of a State may prohibit the disposal of out-of-State 
     municipal solid waste in any landfill that does not meet all 
     applicable Federal and State laws (including any Federal or 
     State rule or regulation) relating to design and location 
     standards, leachate collection, ground water monitoring, 
     and financial assurance for closure and post-closure and 
     corrective action.
       ``(3) Incinerators not complying with certain laws.--The 
     Governor of a State may prohibit the disposal of out-of-State 
     municipal solid waste in any incinerator that does not comply 
     with section 129 of the Clean Air Act (42 U.S.C. 7429) and 
     meet all applicable Federal and State laws (including any 
     Federal or State rule or regulation) relating to facility 
     design, operations, and emissions.
       ``(c) Industrial Solid Waste Disposed of at Certain 
     Landfills or Incinerators.--A Governor may treat any out-of-
     State industrial solid waste as out-of-State municipal solid 
     waste for purposes of this section if it is disposed of at a 
     landfill or incinerator that receives municipal solid waste.
       ``(d) Authority of Counties.--The government of any county 
     may exercise within the county the same authority as that 
     provided to the Governor under subsections (a), (b), and (c) 
     with respect to out-of-State municipal or industrial solid 
     waste, except that in applying subsection (a)(2) in the case 
     of a county, the reference to 30 percent shall be treated as 
     a reference to 20 percent. In any case in which both a county 
     and the State in which such county is located have acted to 
     establish prohibitions or limitations, or both, under 
     subsection (a), (b), or (c), or any combination thereof, the 
     most restrictive of such prohibitions or limitations shall 
     govern in that county.
       ``(e) Applicability and Discrimination Provisions.--Any 
     limitation imposed by a Governor under subsection (a)(1), 
     (b), or (c) shall be applicable throughout the State and 
     shall not discriminate against any shipments of out-of-State 
     solid waste on the basis of State of origin. Any limitation 
     imposed by a county under subsection (d) shall be applicable 
     throughout the county and shall not discriminate against any 
     shipments of out-of-State solid waste on the basis of State 
     of origin.
       ``(f) Determination of Quantity.--(1) Any Governor who 
     intends to exercise the authority provided in subsection (a) 
     shall, within 150 days after the effective date of this 
     section, submit to the Administrator information documenting 
     the quality of out-of-State municipal solid waste received 
     for disposal at each landfill and incinerator in the State 
     during calendar years 1990, 1991 and 1992. Any county which 
     intends to exercise the authority provided in subsection (d) 
     shall, within 120 days after the effective date of this 
     section, submit to the Governor information documenting the 
     quantity of out-of-State municipal solid waste received for 
     disposal at each landfill and incinerator in the county 
     during calendar years 1990, 1991 and 1992, and the 
     Governor shall transmit such information to the 
     Administrator.
       ``(2) On receipt of the information submitted pursuant to 
     paragraph (1), the Administrator shall notify the Governor of 
     each State and the public and shall provide a comment period 
     of not less than 30 days.
       ``(3) Not later than 210 days after the effective date of 
     this section, the Administrator shall publish a list of the 
     quantity of out-of-State municipal solid waste that was 
     received during calendar years 1990, 1991, and 1992, at each 
     landfill and incinerator in each State in which the Governor 
     intends to exercise the authority provided in subsection (a) 
     and at each landfill and incinerator in each county which 
     intends to exercise the authority provided in subsection (d).
       ``(g) Authority To Restrict In-State Municipal Solid Waste 
     Exports.--(1) Except as provided in paragraph (2), a Governor 
     of a State may limit or prohibit the exportation outside the 
     State of municipal solid waste generated in the State in 
     accordance with the comprehensive waste management plan of 
     the affected local solid waste planning unit, or, if such a 
     plan does not exist, in accordance with State law.
       ``(2) A Governor may not limit or prohibit the exportation 
     of materials consisting solely of materials that have been 
     separated from municipal solid waste for recycling.
       ``(h) Reporting Requirements.--The Governor of each State 
     exercising any authority under subsection (a), (b) or (c) 
     shall submit a report to the Administrator not less 
     frequently than annually documenting the quantities of out-
     of-State municipal and industrial solid waste disposed of in 
     landfills and incinerators in that Sate which accept 
     municipal solid waste. Each county exercising any authority 
     under subsection (d) shall submit a report to the State not 
     less frequently than annually documenting the quantities of 
     out-of-State municipal and industrial solid waste disposed of 
     in landfills and incinerators in that country which accept 
     municipal solid waste, and the State shall submit such report 
     to the Administrator. Each such report shall specify the 
     percentage of the total amount of solid waste disposal of in 
     each such landfill and incinerator that is comprised of such 
     out-of-State municipal and industrial solid waste.
       ``(i) Exemptions.--The provisions of this section shall not 
     apply to the following:
       ``(1) Material to be recycled, reclaimed, or reused.--Any 
     metal, pipe, glass, plastic, paper, textile, or other 
     material that has been separated or diverted from municipal 
     solid waste and has been transported into the State for 
     the purpose of recycling or reclamation and any material 
     or product returned from a dispenser or distributor to the 
     manufacturer for credit, evaluation, or possible reuse. 
     This paragraph shall not apply to any material disposed of 
     in a landfull or incinerator.
       ``(2) Internal disposal.--Any solid waste that is generated 
     by an industrial facility and 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 or any affiliatedd person.
       ``(3) Air transportation waste.--Any solid waste generated 
     incident to the provision of service in interstate, 
     intrastate, foreign, or overseas air transportation.
       ``(j) Definitions.--For purposes of this section:
       ``(1) New landfill.--The term `new landfill' means any 
     landfill or portion thereof other than an existing landfill.
       ``(2) Existing landfill.--The term `existing landfill' 
     means either of the following:
       ``(A) A landfill or portion thereof authorized to receive 
     waste under a permit under State law was issued before the 
     enactment of this section; and which received shipments of 
     out-of-State municipal solid waste during calendar year 1990, 
     1991, or 1992.
       ``(B) A proposed landfill or portion thereof that, prior to 
     January 1, 1993, received both of the following--
       ``(i) An approved from either the affected local government 
     or the local solid waste planning unit to receive municipal 
     solid waste generated outside the jurisdiction of the 
     affected local government, the solid waste planning unit, or 
     the State in which the landfill is located.
       ``(ii) A notice of decision from the State to grant a 
     construction permit.
       ``(3) New incinerator.--The term `new incinerator' means 
     any incinerator other than an existing incinerator.
       ``(4) Existing incinerator.--The term `existing 
     incinerator' means an incinerator in operation on the date of 
     enactment of this section that received, during calendar year 
     1990, 1991, or 1992 documented shipments of out-of-State 
     municipal solid waste.
       ``(4) Out-of-state waste.--The term `out-of-State waste' 
     means, with respect to a State, waste generated outside of 
     the State. With respect to a county, such term means waste 
     generated outside of the State in which such county is 
     located. Such term includes waste generated outside of the 
     United States.
       ``(5) Municipal solid waste.--The term `municipal solid 
     waste' means refuse (and refuse-derived fuel) generated by 
     the general public or from a residential, commercial, 
     institutional, or industrial source (or any combination 
     thereof), consisting of paper, wood, yard wastes, plastics, 
     leather, rubber, or other combustible or noncombustible 
     materials such as metal or glass (or any combination 
     thereof). The term does not include any of the following--
       ``(A) Any solid waste identified or listed as a hazardous 
     waste under section 3001.
       ``(B) Any solid waste, including contaminated soil and 
     debris, resulting from 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) or a 
     corrective action taken under this Act.
       ``(C) Any medical waste that is segregated from or not 
     mixed with municipal solid waste.
       ``(6) Industrial solid waste.--The term `industrial solid 
     waste' means solid waste generated from manufacturing or 
     industrial processing operations that is not identical to 
     municipal solid waste with respect to the physical and 
     chemical state of the waste and the composition of the waste. 
     The term includes construction and demolition debris.
       ``(7) Affiliated person.--The term `affiliated person' 
     means, with respect to the generator of any solid waste, any 
     person which controls, is controlled by, or is under common 
     control with the generator.''.

     SEC. 3. TABLE OF CONTENTS AMENDMENT.

       The table of contents of the Solid Waste Disposal Act is 
     amended by adding at the end of the items relating to 
     subtitle D the following new item:

``Sec. 4011. Interstate transportation of nonhazardous solid waste.''.

     SEC. 4. EFFECTIVE DATE.

       The amendments made by this Act shall take effect on the 
     date 6 months after enactment.

                          ____________________