[Congressional Record Volume 143, Number 33 (Friday, March 14, 1997)]
[Senate]
[Pages S2320-S2331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. BAUCUS:
S. 443. A bill to amend the Solid Waste Disposal Act to provide
congressional authorization for restrictions on receipt of out-of-State
municipal solid waste and for State control over transportation of
municipal solid waste; to the Committee on Environment and Public
Works.
THE STATE AND LOCAL INTERSTATE WASTE CONTROL ACT OF 1997
Mr. BAUCUS. Mr. President, I rise to introduce the State and Local
Interstate Waste Control Act of 1997. This bill will give our cities
and States the authority they need to stop imports of trash coming from
other States.
We have been working on this issue for 7 years. We have explored all
options. We have held hearings, debated the issues. The Senate has
passed interstate waste bills in each of the last four Congresses. It
is time we put this issue behind us.
Anyone who has kept up with New York State's decision to close the
Freshkils landfill knows why we must act and why we must act now. As my
colleagues may be aware, the Freshkils landfill on Staten Island, which
takes all of New York City's garbage, is closing.
What does that mean? That means 13,000 tons of garbage a day, almost
5 million tons a year, need a new home. It is hard to visualize how
much garbage that is. What does it mean? It means about 1,200 trucks of
garbage a day coming out of New York City, every one of them packed to
the brim. Or, in other words, a convoy of trash trucks 12 miles long,
365 days a year--imagine that, a convoy of trash trucks 12 miles long
each of 365 days a year coming out of New York City. That is what that
means with the closure of Freshkils landfill on Staten Island because
that garbage has to go someplace. Soon it will not go to Staten Island.
Where is it going to go?
We have no idea where these trucks will go. One thing is clear. New
York will have virtually no way to get rid of its trash when Freshkils
does close in the year 2001. The entire State of New York can take only
about 1,200 tons of New York City's trash each day and that means the
rest, over 4 million tons a year, must go out of State.
What's worse, as far as I know, New York has not taken any steps to
build or to grant permits to new in-State landfills. I guess it is far
easier to send trash out of State than to fight the not-in-my-backyard
opponents blocking new landfills and incinerators in New York State.
I do not want to single out New York. Many other great cities have
similar troubles. Trash disposal is tough. But many States have taken
the old adage ``it is better to give than to receive'' to the extreme.
When it comes to trash, there is just too much giving and too much
receiving, especially when those receiving the trash have no choice.
The fact is every city should take care of its own trash if possible.
No city should be able to simply dump the problem on its neighbors. Yet
that is precisely what could happen. Why? That is because today no
State or town can stop shipments of garbage from other States. They do
not have the authority.
A few years ago, Miles City, MT, my home State, faced the prospect of
becoming a dumping ground for Minneapolis, MN, trash. The 5,000
citizens of Miles City had no say at all in whether a mega-fill
landfill could go up in their backyards to take care of garbage from a
city nearly 800 miles away in another State.
That is wrong. It is clearly wrong. It is unfair. Every town in
America should have the right to say no. But today they do not have
that right. And why is that? Every time a State law restricting out-of-
State garbage imports has come up, they have been challenged in the
courts. The courts have
[[Page S2321]]
overturned those State laws based on the commerce clause of the
Constitution. So we need a national law to preserve this basic part of
self-determination, that is, the right to decide whether or not a
community wants to accept out-of-State garbage.
The bill I introduce today strikes a balance that will work for every
community, for every State. It is very similar to the bill the Senate
and House nearly passed about 3 years ago. The cornerstone of my bill
is the new authority it gives to all States and communities to restrict
municipal solid waste imports.
First, every Governor may freeze future imports of garbage at the
level his or her State received in 1993.
Second, the bill makes it illegal to ship any new imports of
municipal waste unless the local community specifically wants it.
Third, to reduce pressure on local communities, my bill gives large
importing States like Pennsylvania and Ohio the right to lower their
imports.
Finally, some communities have built regional landfills and we
respect those agreements as well.
My bill is about returning decisionmaking back to the people, giving
people in importing States what should be their birthright, a chance to
determine their own destiny.
I ask unanimous consent a summary of my bill, along with the text of
the bill, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 443
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 ``State and Local Government
Interstate Waste Control Act of 1997''.
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 after section
4010 the following new section:
``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
``(a) Restriction on Receipt of Out-of-State Waste.--
``(1) In general.--(A) Except as provided in subsections
(c), (e), and (i), effective January 1, 1998, a landfill or
incinerator in a State may not receive for disposal or
incineration any out-of-State municipal solid waste unless
the owner or operator of such landfill or incinerator obtains
explicit authorization (as part of a host community
agreement) from the affected local government to receive the
waste.
``(B) An authorization granted after enactment of this
section pursuant to subparagraph (A) shall--
``(i) be granted by formal action at a meeting;
``(ii) be recorded in writing in the official record of the
meeting; and
``(iii) remain in effect according to its terms.
``(C) An authorization granted pursuant to subparagraph (A)
may specify terms and conditions, including an amount of out-
of-State waste that an owner or operator may receive and the
duration of the authorization.
``(D) Promptly, but not later than 90 days after such an
authorization is granted, the affected local government shall
notify the Governor, contiguous local governments, and any
contiguous Indian tribes of an authorization granted under
this subsection.
``(2) Information.--Prior to seeking an authorization to
receive out-of-State municipal solid waste pursuant to this
subsection, the owner or operator of the facility seeking
such authorization shall provide (and make readily available
to the Governor, each contiguous local government and Indian
tribe, and any other interested person for inspection and
copying) the following information:
``(A) A brief description of the facility, including, with
respect to both the facility and any planned expansion of the
facility, the size, ultimate waste capacity, and the
anticipated monthly and yearly quantities (expressed in terms
of volume) of waste to be handled.
``(B) A map of the facility site indicating location in
relation to the local road system and topography and
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 (including identification of private wells
and public drinking water sources), and a discussion of
alterations that may be necessitated by, or occur as a result
of, the facility.
``(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.
``(3) Notification.--Prior to taking formal action with
respect to granting authorization to receive out-of-State
municipal solid waste pursuant to this subsection, an
affected local government shall--
``(A) notify the Governor, contiguous local governments,
and any contiguous Indian tribes;
``(B) publish 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 holding the hearing, except
where State law provides for an alternate form of public
notification; and
``(C) provide an opportunity for public comment in
accordance with State law, including at least 1 public
hearing.
``(b) Annual State Report.--
``(1) In general.--Within 90 days after enactment of this
section and on April 1 of each year thereafter the owner or
operator of each landfill or incinerator 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 or incinerator is located information specifying
the amount and State of origin of out-of-State municipal
solid waste received for disposal during the preceding
calendar year. Within 120 days after enactment of this
section and on June 1 of each year thereafter each such State
shall publish and make available to the Administrator, the
governor of the State of origin and 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 calendar year.
``(2) Contents.--Each submission referred to in this
subsection shall be such as would result in criminal
penalties in case of false or misleading information. Such
submission shall include the amount of waste received, the
State of origin, the date of shipment, and the type, of out-
of-State municipal solid waste. States making submissions
referred to in this section to the Administrator shall notice
these submissions for public review and comment at the State
level before submitting them to the Administrator.
``(3) List.--The Administrator shall publish a list of
importing States and the out-of-State municipal solid waste
received from each State at landfills or incinerators not
covered by host community agreements or permits authorizing
receipt of out-of-State municipal solid waste. The list for
any calendar year shall be published by July 1 of the
following calendar year.
For purposes of developing the list required in this section,
the Administrator shall be responsible for collating and
publishing only that information provided to the
Administrator by States pursuant to this section. The
Administrator shall not be required to gather additional data
over and above that provided by the States pursuant to this
section, nor to verify data provided by the State pursuant to
this section, not to arbitrate or otherwise entertain or
resolve disputes between States or other parties concerning
interstate movements of municipal solid waste. Any actions by
the Administrator under this section shall be final and not
subject to judicial review.
``(4) Savings provision.--Nothing in this subsection shall
be construed to preempt any State requirement that requires
more frequent reporting of information.
``(c) Freeze.--
``(1) Annual amount.--(A) Beginning January 1, 1998, except
as provided in paragraph (2) and unless it would result in a
violation of, or be inconsistent with, a host community
agreement or permit specifically authorizing the owner or
operator of a landfill or incinerator to accept out-of-State
municipal solid waste at such landfill or incinerator, and
notwithstanding the absence of a request in writing by the
affected local government, a Governor, in accordance with
paragraph (3), may limit the quantity of out-
[[Page S2322]]
of-State municipal solid waste received for disposal at each
landfill or incinerator covered by the exceptions provided in
subsection (e) that is subject to the jurisdiction of the
Governor, to an annual amount equal to the quantity of out-
of-State municipal solid waste received for disposal at such
landfill or incinerator during calendar year 1993.
``(B) At the request of an affected local government that
has not executed a host community agreement, the Governor may
limit the amount of out-of-State municipal solid waste
received annually for disposal at the landfill or incinerator
concerned to the amount described in subparagraph (A). 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.
``(C) A limit or prohibition under this section shall be
treated as conflicting and inconsistent with a permit or host
community agreement if--
``(i) the permit or host community agreement establishes a
higher limit; or
``(ii) the permit or host community agreement does not
establish any limit.
``(2) Limitation on governor's authority.--A Governor may
not exercise the authority granted under this subsection in a
manner that would require any owner or operator of a landfill
or incinerator covered by the exceptions provided in
subsection (e) to reduce the amount of out-of-State municipal
solid waste received from any State for disposal at such
landfill or incinerator to an annual quantity less than the
amount received from such State for disposal at such landfill
or incinerator during calendar year 1993.
``(3) Uniformity.--Any limitation imposed by a Governor
under paragraph (1)(A)--
``(A) shall be applicable throughout the State;
``(B) shall not directly or indirectly discriminate against
any particular landfill or incinerator within the State; and
``(C) shall not directly or indirectly discriminate against
any shipments of out-of-State municipal solid waste on the
basis of place of origin.
``(d) Ratchet.--
``(1) In general.--Unless it would result in a violation
of, or be inconsistent with, a host community agreement or
permit specifically authorizing the owner or operator of a
landfill or incinerator to accept out-of-State municipal
solid waste at such landfill or incinerator, any State that
imported more than 750,000 tons of out-of-State municipal
solid waste in 1993 may establish a limit under this
paragraph on the amount of out-of-State municipal solid waste
received for disposal at landfills and incinerators in the
importing State as follows:
``(A) In calendar year 1998, 95 percent of the amount
exported to the State in calendar year 1993.
``(B) In calendar years 1999 through 2003, 95 percent of
the amount exported to the state in the previous year.
``(C) In calendar year 2004, and each succeeding year, the
limit shall be 65 percent of the amount exported in 1993.
``(D) No exporting State shall be required under this
subparagraph to reduce its exports to any importing State
below the proportionate amount established herein.
``(2) Additional export limits.--
``(A) Prohibition.--No State may export to landfills or
incinerators in any 1 State that are not covered by host
community agreements or permits authorizing receipt of out-
of-State municipal solid waste more than the following
amounts of municipal solid waste:
``(i) In calendar year 1998, the greater of 1,400,000 tons
or 90 percent of the amount exported to the State in calendar
year 1993.
``(ii) In calendar year 1999, the greater of 1,300,000 tons
or 90 percent of the amount exported to the State in calendar
year 1998.
``(iii) In calendar year 2000, the greater of 1,200,000
tons or 90 percent of the amount exported to the State in
calendar year 1999.
``(iv) In calendar year 2001, the greater of 1,100,00 tons
or 90 percent of the amount exported to the State in calendar
year 2000.
``(v) In calendar year 2002, 1,000,000 tons.
``(vi) In calendar year 2003, 750,000 tons.
``(vii) In calendar year 2004 or any calendar year
thereafter, 550,000 tons.
``(B) Action by governor.--The Governor of an importing
State may restrict levels of imports of municipal solid waste
into that State to reflect the levels specified in
subparagraph (A) if--
``(i) the Governor of the importing State has notified the
Governor of the exporting State and the Administrator 12
months prior to enforcement of the importing State's
intention to impose the requirements of this section;
``(ii) the Governor of the importing State has notified the
Governor of the exporting State and the Administrator of the
violation by the exporting State of this section at least 90
days prior to the enforcement of this section; and
``(iii) the restrictions imposed by the Governor of the
importing State are uniform at all facilities within the
State receiving municipal solid waste from the exporting
State.
``(3) Duration.--The authority provided by paragraph (1) or
(2) or both shall apply for as long as a State exceeds the
levels allowable under paragraph (1) or (2), as the case may
be.
``(4) Uniformity.--Any restriction imposed by a State under
paragraph (1) or (2)--
``(A) shall be applicable throughout the State;
``(B) shall not directly or indirectly discriminate against
any particular landfill or incinerator within the State; and
``(C) shall not directly or indirectly discriminate against
any shipments of out-of-State municipal solid waste on the
basis of place of origin, in the case of States in violation
of paragraph (1) or (2).
``(e) Authorization Not Required for Certain Facilities.--
``(1) In general.--The prohibition on the disposal of out-
of-State municipal solid waste in subsection (a) shall not
apply to landfills and incinerators that--
``(A) were in operation on the date of enactment of this
section and received during calendar year 1993 documented
shipments of out-of-State municipal solid waste, or
``(B) before the date of enactment of this section, the
owner or operator entered into a host community agreement or
received a permit specifically authorizing the owner or
operator to accept at the landfill or incinerator municipal
solid waste generated outside the State in which it is or
will be located.
``(2) Availability of documentation.--The owner or operator
of a landfill or incinerator that is exempt under paragraph
(1) of this subsection from the requirements of subsection
(a) shall provide to the State and affected local government,
and make available for inspection by the public in the
affected local community, a copy of the host community
agreement or permit referenced in paragraph (1). The owner or
operator may omit from such copy or other documentation any
proprietary information, but shall ensure that at least the
following information is apparent: the volume of out-of-State
municipal solid waste received, the place of origin of the
waste, and the duration of any relevant contract.
``(3) Denied or revoked permits.--A landfill or incinerator
may not receive for disposal or incineration out-of-State
municipal solid waste in the absence of a host community
agreement if the operating permit or license 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.
``(4) Waste within bi-state metropolitan statistical
areas.--The owner or operator of a landfill or incinerator in
a State may receive out-of-State municipal solid waste
without obtaining authorization under subsection (a) from the
affected local government if the out-of-State waste is
generated within, and the landfill or incinerator is located
within, the same bi-State level A metropolitan statistical
area (as defined by the Office of Management and Budget and
as listed by the Office of Management and Budget as of the
date of enactment of this section) that contains two
contiguous major cities each of which is in a different
State.
``(f) Needs Determination.--Any comprehensive solid waste
management plan adopted by an affected local government
pursuant to Federal or State law may take into account local
and regional needs for solid waste disposal capacity. Any
implementation of such plan through the State permitting
process may take into account local and regional needs for
solid waste disposal capacity only in a manner that is not
inconsistent with the provisions of this section.
``(g) Cost Recovery Surcharge.--
``(1) Authority.--A State described in paragraph (2) may
adopt a law and impose and collect a cost recovery charge on
the processing or disposal of out-of-State municipal solid
waste in the State in accordance with this subsection.
``(2) Applicability.--The authority to impose a cost
recovery surcharge under this subsection applies to any State
that on or before April 3, 1994, imposed and collected a
special fee on the processing or disposal of out-of-State
municipal solid waste pursuant to a State law.
``(3) Limitation.--No such State may impose or collect a
cost recovery surcharge from a facility on any out-of-State
municipal solid waste that is being received at the facility
under 1 or more contracts entered into after April 3, 1994,
and before the date of enactment of this section.
``(4) Amount of surcharge.--The amount of the cost recovery
surcharge may be no greater than the amount necessary to
recover those costs determined in conformance with paragraph
(6) and in no event may exceed $1 per ton of waste.
``(5) Use of surcharge collected.--All cost recovery
surcharges collected by a State covered by this subsection
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.
``(6) Conditions.--(A) Subject to subparagraphs (B) and
(C), a State covered by this subsection may impose and
collect a cost recovery surcharge on the processing or
disposal within the State of out-of-State municipal solid
waste if--
``(i) the State demonstrates a cost to the State arising
from the processing 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 to the State
demonstrated under clause (i) that, if not paid for through
the surcharge, would otherwise have to be paid or subsidized
by the State; 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
[[Page S2323]]
otherwise paid, recovered, or offset by any other fee or tax
paid to the State or its political subdivision or to the
extent that the amount of the surcharge is offset by
voluntarily agreed payments to a State or its political
subdivision in connection with the generation,
transportation, treatment, processing, or disposal of solid
waste.
``(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).
``(7) Definitions.--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 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.
``(h) Implementation and Enforcement.--Any 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.
``(i) Savings Clause.--Nothing in this section shall be
interpreted or construed--
``(1) to have any effect on State law relating to
contracts;
``(2) to authorize or result in the violation or failure to
perform the terms of a written, legally binding contract
entered into before enactment of this section during the life
of the contract as determined under State law; or
``(3) to affect the authority of any State or local
government to protect public health and the environment
through laws, regulations, and permits, including the
authority to limit the total amount of municipal solid waste
that landfill or incinerator owners or operators with the
jurisdiction of a State may accept during a prescribed
period: Provided, That such limitations do not discriminate
between in-State and out-of-State municipal solid waste,
except to the extent authorized by this section.
``(j) Definitions.--As used in this section:
``(1) Affected local government.--(A) For any landfill or
incinerator, the term `affected local government' means--
``(i) 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
the landfill or incinerator is located or proposed to be
located; or
``(ii) if there is no such body created by State law--
``(I) the elected officials of the city, town, township,
borough, county, or parish selected by the Governor and
exercising primary responsibility over municipal solid waste
management or the land or the use of land in the jurisdiction
in which the facility is located or is proposed to be
located; or
``(II) if a Governor fails to make a selection under
subclause (I), and publish a notice regarding the selection,
within 90 days after the date of enactment of this section,
the elected officials of the city, town, township, borough,
county, parish, or other public body created pursuant to
State law with primary jurisdiction over the land or the use
of land on which the facility is located or is proposed to be
located.
The Governor shall publish a notice regarding the selection
described in clause (ii).
``(B) Notwithstanding subparagraph (A), for purposes of
host community agreements entered into before the date of
enactment of this section (or before the date of publication
of notice, in the case of subparagraph (A)(ii)), the term
shall mean either the public body described in clause (i) or
the elected officials of the city, town, township, borough,
county, or parish exercising primary responsibility for
municipal solid waste management or the land or the use of
land on which the facility is located or proposed to be
located.
``(C) Two or more Governors of adjoining States may use the
authority provided in section 1005(b) to enter into an
agreement under which contiguous units of local government
located in each of the adjoining States may act jointly as
the affected local government for purposes of providing
authorization under subsection (a) for municipal solid waste
generated in 1 of the jurisdictions described in subparagraph
(A) and received for disposal or incineration in another.
``(2) Host community agreement.--The term `host community
agreement' means a written, legally binding document or
documents executed by duly authorized officials of the
affected local government that specifically authorizes a
landfill or incinerator to receive municipal solid waste
generated out-of-State, but does not include any agreement to
pay host community fees for receipt of waste unless
additional express authorization to receive out-of-State
municipal solid waste is also included.
``(3) Municipal solid waste.--The term `municipal solid
waste' means refuse (and refuse-derived fuel) generated by
the general public, from a residential source, or from a
commercial, institutional, or industrial source (or any
combination thereof) to the extent such waste is essentially
the same as waste normally generated by households or was
collected and disposed of with other municipal solid waste as
part of normal municipal solid waste collection services, and
regardless of when generated, would be considered
conditionally exempt small quantity generator waste under
section 3001(d), such as paper, food, wood, yard wastes,
plastics, leather, rubber, appliances, or other combustible
or noncombustible materials such as metal or glass (or any
combination thereof). The term `municipal solid waste' 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 of 1980 (42 U.S.C. 9604 or
9606) or a corrective action taken under this Act.
``(C) 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.
``(D) 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 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 with which the generator is affiliated.
``(E) Any solid waste generated incident to the provision
of service in interstate, intrastate, foreign, or overseas
air transportation.
``(F) Sewage sludge and residuals from any sewage treatment
plant, including any sewage treatment plant required to be
constructed in the State of Massachusetts pursuant to any
court order issued against the Massachusetts Water Resources
Authority.
``(G) 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.
``(H) Any medical waste that is segregated from or not
mixed with municipal solid waste (as otherwise defined in
this paragraph).
``(I) Any material or product returned from a dispenser or
distributor to the manufacturer for credit, evaluation, or
possible reuse.
``(4) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste' means, with respect to any
State, municipal solid waste generated outside of the State.
Unless the President determines it is not consistent with the
North American Free Trade Agreement and the General Agreement
on Tariffs and Trade, the term shall include municipal solid
waste generated outside of the United States.
``(5) Specifically authorized; specifically authorizes.--
The terms `specifically authorized' and `specifically
authorizes' refer to an explicit authorization, contained in
a host community agreement or permit, to import waste from
outside the State. Such authorization may include a reference
to a fixed radius surrounding the landfill or incinerator
that 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'. The language for such authorization
may vary as long as it clearly and affirmatively states the
approval or consent of the affected local government or State
for receipt of municipal solid waste from sources or
locations outside the State.''.
(b) Table of Contents.--The table of contents in section
1001 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:
``Sec. 4011. Interstate transportation and disposal of municipal solid
waste.''.
____
SUMMARY OF STATE AND LOCAL GOVERNMENT INTERSTATE WASTE CONTROL ACT OF
1997
The State and Local Government Interstate Waste Control Act
of 1997 provides the following new legal authority to every
State to restrict out-of-State municipal solid waste.
Import Ban. Municipal solid waste imports are banned at
landfills or incinerators that did not receive out-of-State
municipal solid waste in 1993 unless the affected local
community, as defined by the Governor or State law, agrees to
accept the waste.
Import Freeze. A Governor may cap municipal solid waste
imports at all landfills and incinerators at their 1993
import levels.
Export State Rachet. No state may export municipal solid
waste to a landfill or an incinerator in any single state in
excess of the following amounts: in 1998, 1.4 million tons or
90% of the amount exported to the state in 1993; in 1999, 1.3
million tons or 90% of the amount exported to the state in
1998; in 2000, 1.2 million tons or 90% of the amount exported
to the state in 1999; in 2001, 1.1 million tons, or 90% of
the amount exported to the state in 2000; in 2002, 1 million
tons; in 2003, 750,000 tons; and in 2004 and each year
thereafter, 550,000 tons.
Import State Ratchet. A Governor of any State that imported
more than 750,000 tons of out-of-State municipal solid waste
in 1993
[[Page S2324]]
may reduce the amount of imports to the following levels: in
1998, 95% of the amount exported to the State in 1993; in
years 1999 through 2003, 95% of the amount exported to the
State in the previous year; in 2004 and each year thereafter,
65% of the amount exported in 1993.
Protection of Host Community Ageements. The bill prohibits
a Governor from limiting or prohibiting municipal solid waste
imports to landfills or incinerators that have a host
community agreement (as defined in the bill). Such agreements
must expressly authorize the receipt of out-of-State
municipal solid waste.
Needs Determination. The bill allows a State plan to take
into account local and regional needs for solid waste
disposal capacity through State permitting provided that it
is implemented in a manner that is not inconsistent with the
provisions of the bill.
Cost Recovery Surcharge. States that imposed a differential
fee on the disposal of out-of-State municipal solid waste, on
or before April 3, 1994, are allowed to impose a fee of no
more than $1 per ton of municipal solid waste, as long as the
differential fee is utilized to fund solid waste management
programs administered by the State.
______
By Mr. CHAFEE (for himself and Mr. Dodd):
S. 444. A bill to amend the Internal Revenue Code to impose a tax on
the manufacture and importation of tires, and for other purposes; to
the Committee on Finance.
tax legislation
Mr. CHAFEE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 444
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF
TIRES.
(a) In General.--Chapter 38 of the Internal Revenue Code of
1986 (relating to environmental taxes) is amended by adding
at the end the following:
``Subchapter E--Tax on Tires
``Sec. 4691. Imposition of tax.
``SEC. 4691. IMPOSITION OF TAX.
``(a) General Rule.--There is imposed a tax on the
manufacture or importation of tires of any type, including
solid and pneumatic tires.
``(b) Amount of Tax.--The amounts of the tax imposed by
subsection (a) shall be 50 cents per tire.
``(c) Liability for Tax.--The tax imposed by subsection (a)
shall be paid by the manufacturer or importer of the tire not
later than 30 days after the end of each calendar quarter for
each tire manufactured or imported during such quarter.
``(d) Tires on Imported Articles.--For purposes of
subsection (a), if an article imported into the United States
is equipped with tires, the importer of the article shall be
treated as the importer of the tires with which such article
is equipped.
``(e) Effective Date.--The tax imposed by this section
shall apply to tires manufactured or imported after December
31, 1997, and before January 1, 2003.''.
``(b) Conforming Amendment.--The table of subchapters for
chapter 38 of such Code is amended by adding after the item
relating to subchapter D the following:
``Subchapter E. Tax on tires.''.
SEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND
DISPOSAL TRUST FUND.
``(a) In General.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to the establishment
of trust funds) is amended by adding after section 951 the
following:
``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL
TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Waste Tire Recycling, Abatement, and Disposal Trust Fund''
consisting of such amounts as may be appropriated or credited
to such Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--There are appropriated to
the Waste Tire Recycling, Abatement, and Disposal Trust Fund
amounts equivalent to--
``(1) taxes received in the Treasury under section 4691
(relating to an assessment on motor vehicles tires); and
``(2) amounts received in the Treasury and collected under
section 4011 of the Solid Waste Disposal Act.
``(c) Expenditures.--Amounts in the Waste Tire Recycling,
Abatement, and Disposal Trust Fund shall be available, as
provided in appropriation Acts, only for the purpose of
making expenditures to carry out the purposes of section
4011 of the Solid Waste Disposal Act.
``(d) Authority To Borrow.--
``(1) In general.--There are authorized to be appropriated
to the Waste Tire Recycling, Abatement, and Disposal Trust
Fund, as repayable advances, such sums as may be necessary to
carry out the purposes of section 4011(k) of the Solid Waste
Disposal Act.
``(2) Limitation on aggregate advances.--The maximum
aggregate amount of repayable advances to the Waste Tire
Recycling, Abatement, and Disposal Trust Fund which is
outstanding at any one time shall not exceed an amount equal
to the amount which the Secretary estimates will be equal to
the sum of the amounts received from the tax imposed by
section 4691 during any 2-year period.
``(3) Repayment of advances.--
``(A) In general.--Advances made to the Waste Tire
Recycling, Abatement, and Disposal Trust Fund shall be
repaid, and interest on such advances shall be paid, to the
general fund of the Treasury when the Secretary determines
that moneys are available for such purposes in the Waste Tire
Recycling, Abatement, and Disposal Trust Fund.
``(B) Date for termination and advances.--No advance shall
be paid to the Trust Fund after December 31, 2001 and all
advances to the Trust Fund shall be repaid on or before such
date.
``(C) Interest rate on advances.--Interest on advances made
to the Trust Fund shall be at a rate determined by the
Secretary to be equal to the current market yield on
outstanding marketable obligations of the United States with
remaining periods to maturity comparable to the anticipated
period during which the advance will be outstanding, and
shall be compounded annually.''.
(b) Conforming Amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding
after the item relating to section 9511 the following:
``Sec. 9511. Waste Tire Recycling, Abatement, and Disposal Trust
Fund.''.
______
By Mr. CHAFEE (for himself and Mr. Dodd):
S. 445. A bill to amend the Solid Waste Disposal Act to encourage
recycling of waste tires and abate tire dumps and tire stockpiles, and
for other purposs; to the Committee on Environment and Public Works.
THE WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL ACT OF 1997
Mr. CHAFEE. Mr. President, today I rise to introduce the Waste Tire
Recycling, Abatement, and Disposal Act of 1997. This is really a
reintroduction of legislation I first offered in 1991 to address a very
serious environmental hazard.
What is that hazard I am talking about? It is the very real threat
posed by improper disposal and stockpiling of used tires.
Unfortunately, the threat posed by improper management of used, scrap
tires is as great or greater than when I first introduced this
legislation some 6 years ago.
The scope of the waste tire problem is enormous. Americans generate
approximately--think of this--250 million scrap tires per year. That is
a tire per person in the United States of America that is disposed of.
Over time, approximately 3 billion--not million, 3 billion--of these
tires have accumulated in the surface stockpiles throughout our
country.
These used tires pose real threats to the health and welfare of
communities. They are places where water is collected, thus mosquitoes
breed, some of them encephalitis-carrying mosquitoes. They provide a
home for rodents. They are bad news.
The threats proposed by piles of tires are great also. Few things are
worse as far as fires go than to have a pile of rubber tires catch on
fire. These can start from lightning or they can start from acts of
vandalism. Burning tire piles produce a dense toxic smoke and also
produce the oil byproducts that have gone into the making of the tires,
and thus we have toxic hydrocarbon compounds. The hydrocarbons so
released can soil the air, can soil the soil and, more important, can
contaminate surface water and ground water. Often the piles of tires
and the fires that result can burn for months and cost millions of
dollars to attempt to extinguish. Putting out the fire may just be the
tip of the iceberg as there have been released enough toxic substances
that, as I say, go into the ground water and cause tremendous problems.
In my State of Rhode Island, the threat from tire piles is not just
an abstraction. Smithfield, RI, is the reluctant host of a tire dump
that reportedly is the second largest in the United States. Estimates
of the size vary, but the so-called Davis tire pile is thought by our
Department of Environmental Management to contain 10 million scrapped
tires. This tire pile is close to our reservoir. It is only 4 miles
from the principal source of drinking water in our State, the Scituate
Reservoir. A major fire at the site could foul the reservoir through a
fallout from dense soot and by contamination of the ground water
aquifers.
Nationwide, waste tires are still accumulating in large stockpiles.
Why?
[[Page S2325]]
What happens? Where is the end of this? Well, why have the tire piles
grown? There are several reasons.
First, landfills are reluctant to accept scrap tires.
Second, the nature of modern steel-belted radial tires makes it very
difficult to recycle these into new ones. Once upon a time, old tires
were retreaded, as we all know. You cannot do that with radial tires.
The third reason is that the other markets for the beneficial reuse
of this material have been slow to emerge. Scrap tires have some value.
They contain a lot of Btu's, more Btu's per pound than most grades of
coal and can be burned to produce electricity. Many folks operating
tire dumps are hoping for higher energy prices so that there will be a
windfall for these scrapped tires. However, there is significant
opposition to new waste combustion facilities across our country. There
is a reluctance to have these waste combustion facilities in one's
community. So combustion seems now a less likely option to solve the
tire problem.
And finally, where there are beneficial uses for scrap tires, the
processors like what they call clean tires, ones that do not have dirt
or rocks or gravel in them.
The waste tire management program that is contained in my legislation
has three purposes. What am I trying to do? First, to assure that scrap
tires are managed in a way that reduces the risk of fires and spread of
disease.
Second, the bill would require the elimination of waste tire dumps
within 4 years after enactment. It requires that the 3 billion tires in
stockpiles across our country be recycled or burned or shredded or
buried by the end of the year 2006.
And finally, the management program is intended to encourage markets
for recycled material from tires.
Now, all of this would take place as an amendment to the Resource
Conservation and Recovery Act, so-called RCRA, with which we are
familiar in this body and is already legislation for the Nation. The
traditional partnership program between EPA and RCRA through the States
will lead to implementation of this program. In other words, it is a
partnership between EPA and the States. The bill encourages States to
adopt a program to safely manage existing tire piles. The bill
authorizes grants to States to develop and implement State programs to
manage these piles of tires.
The bill will limit disease and fire problems. The fire threat will
be reduced by including specifications for the size and spacing of
these tire piles into smaller, more manageable units, separate them out
so that if a fire does start, it does not spread to the entire dump of
tires. It also requires provisions that waste tire dumps like the Davis
site in my State are closed and the scrap tires shredded and recycled
and safely disposed of within 4 years of enactment. So this could take
place as soon as the year 2001. Other scrap tire stockpiles that are
operating legally under a State permit will have until the year 2006,
as I mentioned.
So all this is accomplished by imposing a 50-cent tax per tire, truck
and passenger, on those manufactured or imported into the United
States. It just applies to new tires. I want to inform my colleagues
that this legislation, once enacted, will solve several solid waste
management problems. So I urge my colleagues to join in the support of
this.
As I noted earlier, Rhode Island is host to a site with approximately
10 million of these tires. It has been called the most serious
environmental threat to our State. Even after some 250,000 have been
removed in order to get at a Superfund site that is underneath these
tires, a toxic waste disposal site that was then subsequently covered
over by these tires, and even after the State removed some 1.2 million
more tires, there still will be 8 million tires left in this Davis
site. The threat posed by that is a very real one to my State, as I
previously pointed out. So I urge my colleagues to join me in
supporting this legislation. It can prevent environmental disasters
from taking place. As chairman of the Committee on Environment and
Public Works, I will exert every effort to see that these bills become
law.
I thank the Chair and thank the distinguished Senator from
Connecticut. He is very familiar with this because they have somewhat
the same problem, perhaps not in the same magnitude as we have in our
State, and they have a tire-shredding program in Oxford, CT.
So, Mr. President, I send to the desk two bills to accomplish my
goal. One includes the tax, the other includes the cleanup efforts.
Accompanying this is a summary of these bills.
Mr. DODD. Mr. President, before the chairman of the committee leaves
the floor, I have been listening to his statement. I do not know how
many others you have as cosponsors, but I would like to be listed as
one.
Mr. CHAFEE. We are delighted.
Mr. DODD. This is one of the most serious problems we face, not only
when there is stockpiling, but in other areas. I think most Americans,
when they go by and see ponds drained down, know that one of the things
that always show up is tires. It is a real pollution problem, beyond
just the collection in one site.
I think the Senator from Rhode Island has offered a very creative and
worthwhile suggestion that all of America will benefit from, so I
commend him for the effort.
Mr. CHAFEE. I will ask that the distinguished Senator from
Connecticut be added as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CHAFEE. Mr. President, I ask unanimous consent that the text of
the bill and a summary be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 445
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 ``Waste Tire Recycling,
Abatement, and Disposal Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States generates approximately 250,000,000
waste tires each year with over 3,000,000,000 waste tires
stored or dumped in aboveground piles across the United
States;
(2) current waste tire collection and disposal practices
present a substantial threat to human health and the
environment;
(3) waste tire piles are a breeding habitat for disease-
carrying mosquitoes, rodents, and other pests and may be
ignited causing potentially catastrophic fires;
(4) there are substantial opportunities for recycling and
reuse of waste tires and tire-derived products, including
tire retreading, asphalt pavement containing recycled rubber,
rubber products, and fuel;
(5) although several States have established waste tire
recycling programs and disposal requirements to protect human
health and the environment, the efforts of individual States
are often frustrated by the lack of comparable programs in
neighboring States; and
(6) additional financial resources are necessary to
encourage waste tire recycling and proper disposal and the
abatement of existing waste tire dumps.
SEC. 3. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL.
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. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL.
``(a) Purposes.--The purposes of this section are--
``(1) to encourage waste tire recycling;
``(2) to prevent disease and fires that may be associated
with waste tire dumps and waste tire stockpiles;
``(3) to ensure that--
``(A) all waste tire dumps in the United States are closed
and abated not later than 4 years after the date of enactment
of this Act; and
``(B) all waste tire stockpiles are abated by not later
than December 31, 2005; and
``(4) to otherwise regulate commerce in waste tires to
protect human health and the environment.
``(b) Definitions.--In this section:
``(1) Abate and abatement.--The terms `abate' and
`abatement' mean--
``(A) to remove waste tires from a waste tire dump or waste
tire stockpile by processing or properly disposing of the
tires on an enforceable schedule ensuring compliance with the
prohibitions of subsection (c); or
``(B) action taken pursuant to subsection (i) or equivalent
authority under a State program to process or properly
dispose of waste tires.
``(2) Asphalt pavement containing recycled rubber.--The
term `asphalt pavement containing recycled rubber' has the
meaning given the term in section 1038(e) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 109
note; 105 Stat. 1990).
``(3) Collection site.--The term `collection site' means a
facility, installation, building, or site (including all of
the contiguous area under the control of a person or
[[Page S2326]]
persons controlled by the same person) used for the storage
or disposal of more than 400 waste tires but not including
shredded tire material that has been properly disposed.
``(4) Marine or agricultural purpose.--The term `marine or
agricultural purpose' means the use of waste tires--
``(A) as bumpers on vessels or agricultural equipment;
``(B) as a ballast to maintain covers or structures on an
agricultural site; or
``(C) for other marine or agricultural purposes specified
by rule by the Administrator.
``(5) Process.--The term `process' means to produce or
manufacture usable materials (including fuels) with real
economic value from waste tires.
``(6) Properly disposed.--The term `properly disposed'
means the placement of shredded tire material as a solid
waste into a landfill meeting the revised criteria
established pursuant to section 4010(c).
``(7) Recycle.--The term `recycle' means to process waste
tires to produce usable materials other than fuels.
``(8) Shredded tire material.--The term `shredded tire
material' means tire material resulting from tire shredding
that produces pieces 4 square inches or less in size that do
not hold water when stored in piles.
``(9) Tire.--The term `tire' means any pneumatic or solid
tire, including a tire manufactured for use on any type of
motor vehicle, construction or other off-road equipment,
aircraft, or industrial machinery.
``(10) Tire collector.--The term `tire collector' means a
person that owns or operates a collection site.
``(11) Tire dump.--The term `tire dump' means a tire
collection site without a collector or processor permit that
is maintained, operated, used, or allowed to be used for the
disposal, storing, or depositing of waste tires.
``(12) Tire hauler.--The term `tire hauler' means a person
engaged in picking up or transporting waste tires to a
storage or disposal facility.
``(13) Tire processor.--The term `tire processor' means a
person that processes waste tires to produce or manufacture
usable materials or to recover energy.
``(14) Tire stockpile.--The term `tire stockpile' means a
waste tire collection site operating pursuant to a permit
issued by the Administrator or by a State with a program
approved under subsection (f) at which shredded tire material
from 50 or more waste tires is stored for future processing
or disposal.
``(15) Waste tire.--The term `waste tire' means a tire that
is no longer suitable for its original intended purpose
because of wear, damage, or defect and includes shredded tire
material.
``(16) Waste tire recycling, abatement, and disposal trust
fund.--The term `Waste Tire Recycling, Abatement, and
Disposal Trust Fund' means the Waste Tire Recycling,
Abatement, and Disposal Trust Fund established under section
9512 of the Internal Revenue Code of 1986.
``(c) Prohibitions.--
``(1) Disposal of whole waste tires on land or in
landfills.--
``(A) In general.--Effective beginning 1 year after the
date of enactment of this section, it shall be unlawful to
dispose of a waste tire (other than shredded tire material)
on land or in a landfill.
``(B) Modification of criteria.--Not later than 1 year
after the date of enactment of this Act, the Administrator
shall modify the criteria established pursuant to section
4010(c) to reflect the prohibition established under
subparagraph (A).
``(2) Receipt of waste tires at collection sites.--
Effective beginning 1 year after the date of enactment of
this section, it shall be unlawful to receive any waste tire
(not including shredded tire material) at any collection site
unless, not later than 7 days after receipt, the waste tire
is processed, converted to shredded tire material, or
transferred to a business engaged in tire retreading.
``(3) Waste tire piles.--Effective beginning 1 year after
the date of enactment of this section, it shall be unlawful
to operate a collection site except in compliance with the
following conditions applicable to a waste tire pile:
``(A) A waste tire pile shall be not more than 20 feet in
height and, at the base, be not more than 50 feet in width
and 200 feet in length.
``(B) A separation of not less than 50 feet shall be
maintained between waste tire piles.
``(C) A waste tire pile shall be not less than 200 feet
from the perimeter of the property and not less than 200 feet
from any building.
``(D) Until shredded, waste tires in a pile shall be
maintained to minimize mosquito breeding by cover or chemical
treatment.
``(E) A waste tire pile shall be accessible to fire
fighting equipment and any approach road to the pile shall be
maintained in good condition.
``(F) A waste tire pile exceeding 2,500 waste tires shall
be surrounded by a berm sufficient to contain any liquid that
may be discharged as the result of a fire or fire fighting
efforts.
``(G) A waste tire pile exceeding 2,500 waste tires shall
be completely enclosed behind fencing.
``(H) A tire collector maintaining a collection site
containing more than 2,500 waste tires shall prepare and
maintain an emergency plan to respond to any fire or other
event that may release pollutants or contaminants from the
site.
``(I) Such other conditions as the Administrator may by
rule require to protect human health and the environment,
including compliance with National Fire Prevention
Association 231-D standard for storage of rubber tires or
similar fire prevention code to the extent the code is
consistent with this section.
``(4) Maximum number of waste tires stored.--Effective
beginning 4 years after the date of enactment of this
section, it shall be unlawful to store more than 1,500 waste
tires for more than 7 days at a collection site other than as
shredded tire material in waste tire stockpiles, except as
provided under subsection (d).
``(5) State programs.--Effective beginning 1 year after the
effective date of a State program approved or established by
the Administrator under this section, it shall be unlawful
for any person to engage in any of the following actions
except in compliance with a permit issued by the State under
a program approved under subsection (f) or by the
Administrator:
``(A) Transfer control over any waste tire for
transportation to a collection site to any person other than
a person operating under a permit as a tire hauler.
``(B) Operate or maintain any waste tire dump or deliver to
or receive a waste tire for storage or disposal at a waste
tire dump.
``(C) Deliver a waste tire to, or receive a waste tire at,
any collection site that does not qualify as a waste tire
stockpile.
``(D) Operate or maintain a waste tire stockpile or deliver
to or receive a waste tire for storage or disposal at a waste
tire stockpile.
``(6) Shredded tire material.--
``(A) In general.--Beginning January 1, 2006, subject to
subparagraph (B), it shall be unlawful for any person--
``(i) to operate or maintain a waste tire stockpile
containing shredded tire material from more than 2,500 waste
tires; or
``(ii) in the case of a tire processor, to operate or
maintain a waste tire stockpile containing more than 30 days
supply of shredded tire material to be used as a feedstock
within the process.
``(B) Disposal in monofill for later recovery.--
Subparagraph (A) shall not prohibit the proper disposal of
shredded tire material in a monofill for later recovery.
``(d) Exemptions.--
``(1) In general.--Subject to paragraph (2), the
Administrator may by regulation exempt any of the following
persons from any or all of the requirements of this section
if the exemption is consistent with this Act and no threat of
an adverse affect on human health or the environment will
result from the exemption:
``(A) A tire retailer storing less than 2,500 waste tires
at any collection site where new tires are sold or installed.
``(B) A tire retreader storing less than 2,500 waste tires
or a quantity of waste tires equal to the number to be
retreaded over a 30-day period, whichever is greater, at any
collection site where tires are retreated.
``(C) A business that removes tires from vehicles and that
stores less than 2,500 waste tires at any collection site
where the removals occur.
``(D) A solid waste disposal facility storing less than
2,500 waste tires for future processing or disposal that--
``(i) are otherwise in compliance with the revised criteria
promulgated pursuant to section 4010(c) pursuant to
subsection (c)(1)(B); and
``(ii) have already received a permit under a State solid
waste program imposing conditions and requirements to protect
human health and the environment that are comparable to the
conditions and requirements imposed by this section.
``(E) A person storing or using waste tires for a marine or
agricultural purpose if the waste tires are used for the
purpose not later than 180 days after the date the tire is
removed from use.
``(2) Alternative requirements.--The Administrator may--
``(A) impose alternative requirements for an exemption or
partial exemption under paragraph (1), including requirements
for fire prevention and disease control;
``(B) include the requirements in the guidance published
under subsection (f)(2); and
``(C) impose the requirements on a person described in any
of subparagraphs (A) through (D) of paragraph (1) as a
condition for the exemption or partial exemption.
``(e) Notification of Administrator or State Agency.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, each tire hauler, tire collector,
and tire processor shall notify the Administrator, or the
State agency designated pursuant to this section, of--
``(A) the name and business address of the tire hauler,
tire collector, or tire processor;
``(B) the name and business address of the person or
persons owning any property on which a tire collection site
is located;
``(C) the location and a physical description of each
collection site maintained by a tire collector;
``(D) the name of the person to contact in the event of an
emergency involving waste tires located at each collection
site;
``(E) an estimate of the number of waste tires that are
present at each collection site;
``(F) an estimate by a tire collector or tire processor of
the average number of waste tires that are received at each
collection site maintained by the collector or processor
[[Page S2327]]
each month and the sources from which waste tires are
received;
``(G) an estimate by a tire hauler of the average number of
waste tires that are delivered to each collection site each
month;
``(H) a description of methods used at each collection site
to shred, process, recycle, or dispose of waste tires;
``(I) a description of the fire prevention and disease
control methods employed at each collection site;
``(J)(i) a certification signed by the owner or operator of
each collection site that provides an assurance of compliance
with paragraphs (2) and (3) of subsection (c) by the
applicable dates; or
``(ii) if compliance with those paragraphs cannot be
certified, an assurance that the collection site will be
closed, and will be abated, not later than 1 year after the
date of enactment of this section;
``(K) a statement that demonstrates the financial capacity
of the tire collector, or the owner or operator of each
collection site, to abate waste tires at the site and to
respond to any fire or other event that may result in the
release of a pollutant or contaminant from the site in an
amount of not less than $1.00 for each tire stored,
deposited, or otherwise located at the facility, other than a
tire that has been properly disposed of at the site; and
``(L) such other information as the Administrator may
require.
``(2) Notification form.--
``(A) Publication.--Not later than 90 days after the date
of enactment of this section, the Administrator shall--
``(i) publish a notification form or forms that will be
used by tire haulers, tire collectors, and tire processors to
comply with paragraph (1); and
``(ii) designate the State agencies that will receive the
form or forms.
``(B) Paperwork reduction.--Development and publication of
the form shall not be subject to chapter 35 of title 44,
United States Code.
``(C) Cooperation with governors.--Designation of State
agencies to receive notification forms shall be carried out
in cooperation with the Governor of each State.
``(f) State Programs.--
``(1) In general.--Beginning 1 year after the date of
enactment of this section, the Governor of a State may apply
to the Administrator to implement a waste tire recycling,
abatement, and disposal program under this subsection.
``(2) EPA guidance.--Not later than 1 year after the date
of enactment of this section, the Administrator shall publish
guidance establishing the minimum elements of a program to be
administered under this section by a State agency that
include the requirements of paragraphs (3), (4), and (5)
and--
``(A) adequate authority to ensure compliance with and
enforce the prohibitions established under subsection (c) and
each of the other requirements of this Act applicable to a
tire hauler, tire collector, or tire processor;
``(B) authority to abate any waste tire dump or waste tire
stockpile within the State that is comparable to the
authority granted the Administrator under subsection (i) and
a plan to ensure that the dumps and stockpiles are abated by
not later than the dates applicable under subsection (c);
``(C) a requirement that each tire hauler, tire collector,
or tire processor operate pursuant to a permit issued by the
State;
``(D) adequate authority to ensure that the fees imposed by
paragraph (4) are collected by the State on the sale of new
tires and by tire haulers, tire collectors, and tire
processors on commerce in waste tires;
``(E) adequate personnel and funding to administer the
program; and
``(F) such other requirements as the Administrator may
prescribe.
``(3) Permit requirements.--The guidance published pursuant
to paragraph (2) shall, with respect to a permit, provide, at
a minimum, for--
``(A) a requirement that the State agency administering the
program and issuing a permit have adequate authority to--
``(i) issue a permit that applies to, and ensure compliance
by, all persons required to have a permit under this section,
with applicable standards, regulations, or requirements;
``(ii) issue a permit for a fixed term of not to exceed 5
years;
``(iii) ensure that a permit require compliance with the
prohibitions of subsection (c);
``(iv) terminate, modify, or revoke a permit for cause;
``(v) enforce a permit and the requirement to obtain a
permit (including authority to recover a civil penalty in a
maximum amount of not less than $10,000 per day for each
violation) and to seek appropriate criminal penalties; and
``(vi) grant limited extensions of the term of a permit on
a timely and complete application for renewal, pending final
action on the renewal application by the State agency;
``(B) a requirement that the permitting authority establish
and implement adequate procedures for processing permit
applications expeditiously, and for public notice, including
offering an opportunity for public comment and a hearing, on
any permit application;
``(C) a requirement that the State conduct an inspection at
each waste tire collection site before a permit is issued to
operate the site as a waste tire stockpile;
``(D) a requirement that all permit applications, abatement
plans, permits, and monitoring or compliance reports shall be
made available to the public;
``(E) a requirement under State law that each person
subject to the requirement to obtain a permit under the State
program pay an annual fee, or the equivalent over some other
period, that is sufficient to cover all reasonable costs of
developing, administering, and enforcing the State permit
program;
``(F) a requirement that--
``(i) each permit issued to a tire collector or processor
for the operation of a waste tire stockpile include a
numerical limitation on the waste tires that can be stored,
processed, or disposed at the site; and
``(ii) the tire collector demonstrates financial
responsibility for processing or abating all tires that may
be accumulated up to the limit in the permit; and
``(G) a requirement that each permit for a waste tire
stockpile contain a schedule for the abatement of all waste
tires managed, stored, disposed, or otherwise deposited at
the stockpile as expeditiously as practicable but not later
than December 31, 2005, and containing annual incremental
reductions in the quantity of waste tires stored at the site
providing that 50 percent of the abatement shall be
accomplished by not later than December 31, 2002.
``(4) Fees on purchase and disposal.--
``(A) In general.--The guidance published pursuant to
paragraph (2) shall with respect to fees provide, at a
minimum, for--
``(i) a requirement that the State impose a fee of not less
than 50 cents on the sale of each new tire until such time as
all waste tire dumps and waste tire stockpiles in the State
have been abated;
``(ii) a requirement that a tipping fee of not less than $1
for each waste tire removed from a motor vehicle be paid by
the owner or operator of the vehicle to the person or
business removing the tire;
``(iii) a requirement that any tire hauler collecting tires
from any person (including a business that removes tires and
collects the fee required by subparagraph (B) or any other
person including a household or commercial disposal site)
charge a fee of not less than $1 for each waste tire
collected; and
``(iv) a requirement that any tire collector or tire
processor receiving waste tires charge the tire hauler, or
any other person depositing tires at the collection site or
processing site owned by the tire collector or tire
processor, a fee of not less than $1 for each waste tire
deposited at the site.
``(B) Adjustment of fees.--
``(i) In general.--The Administrator--
``(I) shall from time to time, but not less often than once
every 3 years, review the fees required in State programs
pursuant to clauses (ii), (iii), and (iv) of subparagraph
(A); and
``(II) may adjust the amount of the fees to reflect the
economics of tire processing and recycling.
``(ii) Incorporation by states.--If the Administrator
adjusts the amount of a fee to be collected pursuant to
clause (ii), (iii), or (iv) of subparagraph (A), not later
than 1 year after the Administrator makes the adjustment,
each State with an approved waste tire recycling, abatement,
and disposal program shall revise its program to incorporate
the adjustment.
``(C) Alternative fees.--A State may impose an alternative
fee to the fee required by subparagraph (A)(i) (including a
fee on a motor vehicle registration or transfer) if the State
demonstrates to the Administrator that the alternative fee
will provide resources sufficient to ensure abatement of all
waste tire dumps and waste tire stockpiles in the State by
not later than the dates required under subsection (c).
``(5) Uses of state revenue.--
``(A) In general.--Subject to subparagraph (B), the
guidance published pursuant to paragraph (2) shall require
that any revenues received by a State from the fee required
by subparagraph (A)(i) or (C) of paragraph (4) be placed into
a special fund and that appropriations from the fund be used
only to--
``(i) abate waste tire dumps and waste tire stockpiles;
``(ii) make grants or loans, or enter into cooperative
agreements with tire processors, to support recycling of
waste tires;
``(iii) offset any additional cost associated with the
procurement of asphalt pavement containing recycled rubber
used in road construction by the State or a local government
entity or in the procurement of other products made from
recycled tires; or
``(iv) operate or provide grants to facilities that ensure
compliance with the prohibitions of subsection (c) and the
proper disposal of waste tires.
``(B) Administrative expenses.--Not more than 15 percent of
the funds collected pursuant to subparagraph (A)(i) or (C) of
paragraph (4) shall be used for administrative expenses of
the State program.
``(6) Applications.--
``(A) In general.--Each State shall include in its program
submission to the Administrator under this subsection a
summary that includes--
``(i) the information collected pursuant to the
notifications required by subsection (e); and
``(ii) to the maximum extent practicable, information on
orphan tire collection sites for which no owner or operator
submitted a notification form.
``(C) Report.--Not later than 3 years after the date of
enactment of this section, the Administrator shall transmit
to Congress a
[[Page S2328]]
report on waste tire generation, management, collection,
storage, recycling, and disposal based on the information
included in State applications.
``(7) Approval or disapproval of state programs.--
``(A) In general.--A State program submitted under this
section shall be deemed approved, unless disapproved by the
Administrator.
``(B) Grounds for disapproval.--The Administrator shall
disapprove any program submitted by a State, if the
Administrator determines that--
``(i) the authorities contained in the program are not
adequate to ensure compliance by tire haulers, tire
collectors, and tire processors within the State with the
requirements of this section;
``(ii) adequate authority does not exist, or adequate
resources are not available, to implement the program;
``(iii) the program does not provide adequate assurance
that all waste tire dumps and waste tire stockpiles will be
abated by the dates required under subsection (c); or
``(iv) the program is not otherwise in compliance with the
guidance issued by the Administrator under paragraph (2) or
is not likely to satisfy, in whole or in part, the purposes
of this section.
``(C) Necessary revisions or modifications.--If the
Administrator disapproves a State program, the Administrator
shall notify the State of any revision or modification that
is necessary to obtain approval.
``(D) Resubmission.--The State may revise and resubmit the
program for review and approval pursuant to this subsection.
``(E) Noncompliance.--
``(i) In general.--If the Administrator determines that a
State is not administering a program in accordance with the
guidance published under paragraph (2) or the requirements of
this section, the Administrator shall--
``(I) notify the State of the determination (including the
reasons for the determination); and
``(II) if action that will ensure prompt compliance is not
taken within 180 days after notification, disapprove the
program.
``(ii) Notification required before disapproval.--The
Administrator shall not disapprove any program under this
subparagraph unless the Administrator has notified the State
of the disapproval (including the reasons for the
disapproval) and made the disapproval (and reasons) public.
``(iii) Federal program.--At the time of disapproving a
State program under this subparagraph, the Administrator
shall establish a Federal program applicable in the State
pursuant to subsection (h).
``(8) Enforcement.--This subsection shall not prevent the
Administrator from enforcing any requirement of this section.
``(9) Grants and technical assistance.--
``(A) Grants.--The Administrator may make a grant to a
State from the Waste Tire Recycling, Abatement, and Disposal
Trust Fund to develop and implement a waste tire recycling,
abatement, and disposal program under this section.
``(B) Assistance.--The Administrator may provide assistance
to a State or local government agency, or to other persons on
a cost recovery basis, with respect to techniques for waste
tire recycling, processing, and abatement.
``(g) State Authority.--Nothing in this section shall
prevent a State or political subdivision from imposing an
additional or more stringent requirement on--
``(1) a tire hauler, tire collector, or tire processor;
``(2) the management, storage, processing, recycling,
abatement, or disposal of waste tires; or
``(3) a waste tire collection site.
``(h) Federal Program.--
``(1) In general.--If a State has not submitted a waste
tire recycling, abatement, and disposal program or is not
adequately administering and enforcing such a program in
accordance with this section, the Administrator shall
establish, administer, and enforce a waste tire recycling,
abatement, and disposal program for the State to ensure
compliance with this section.
``(2) Date of establishment.--
``(A) No state program.--If a State has not submitted a
waste tire recycling, abatement, and disposal program by the
date that is 3 years after the date of enactment of this
section, the Administrator shall establish a program under
paragraph (1) on that date.
``(B) Withdrawn approval.--The Administrator shall
establish a program under paragraph (1) for a State for which
approval is withdrawn under subsection (f)(7) on the date of
disapproval.
``(3) Permits and fees.--
``(A) In general.--The Administrator may issue a permit or
collect a fee in lieu of a State pursuant to paragraphs (3)
and (4) of subsection (f).
``(B) Use of funds.--Any amounts collected by the
Administrator under subparagraph (A) shall be placed in the
Waste Tire Recycling, Abatement, and Disposal Trust Fund for
use under subsection (k).
``(i) Abatement and Response Authorities.--
``(1) In general.--To ensure compliance with subsection
(c), the Administrator may--
``(A) order the owner or operator of a waste tire dump,
waste tire stockpile, or other collection site or any person
that has transported waste tires to a waste tire dump, waste
tire stockpile, or other collection site to abate the dump,
stockpile, or site, including issuing an enforceable schedule
for removal of waste tires from the dump, stockpile, or site;
and
``(B) undertake action to abate a tire collection site
using funds from the Waste Tire Recycling, Abatement, and
Disposal Trust Fund.
``(2) Civil action.--The Administrator may bring an action
on behalf of the United States in the appropriate district
court against the owner or operator of a waste tire dump,
waste tire stockpile, or waste tire collection site or any
other person that has transported waste tires to a waste tire
dump, waste tire stockpile, or waste tire collection site to
immediately restrain the person from operating, maintaining,
or depositing waste tires at the dump, stockpile, or site or
to take such other action as is necessary to protect human
health or the environment.
``(3) Additional action.--If bringing an action under
paragraph (2) is not sufficient to ensure prompt protection
of human health or the environment, the Administrator may
issue such orders as are necessary to protect human health
and the environment.
``(4) Notification.--Prior to taking any action under this
subsection, the Administrator shall notify the appropriate
State and local governments of the action proposed to be
taken.
``(5) Violations.--Any person that, without sufficient
cause, willfully violates, or fails or refuses to comply
with, an order of the Administrator under paragraph (3) may,
in an action brought in the appropriate United States
district court to enforce the order, be fined not more than
$25,000 for each day during which the violation occurs or the
failure to comply continues.
``(6) Liability for abatement costs.--
``(A) In general.--If the Administrator takes an abatement
action under paragraph (1) for a waste tire collection site,
the owner or operator of the site or any other person that
has transported tires to the site shall be liable to the
Administrator in the appropriate United States district court
for all reasonable costs incurred in the abatement.
``(B) Use of funds.--Any funds recovered under subparagraph
(A) shall be deposited in the Waste Tire Recycling,
Abatement, and Disposal Trust Fund.
``(j) Public Lands.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, after notice and opportunity for
public comment, the Secretary of the Interior, the
Administrator of the General Services Administration, and the
head of each other Federal department, agency, or
instrumentality that owns land on which a tire collection
site is located shall, in consultation with the Administrator
of the Environmental Protection Agency, prepare and commence
to implement a plan to abate waste tire dumps and waste tire
stockpiles that are located on land owned by the United
States.
``(2) Time limit.--A plan under paragraph (1) shall ensure
that any waste tires in waste tire dumps and waste tire
stockpiles shall be properly disposed, recycled, or
transferred to the operators of tire processing facilities as
expeditiously as practicable and not later than December 31,
2002.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Interior, the
Administrator of the General Services Administration, and the
head of each other Federal department, agency, or
instrumentality that owns land on which a tire collection
site is located from the Waste Tire, Recycling, Abatement,
and Disposal Trust Fund such sums as are necessary to carry
out this subsection.
``(k) Use of Trust Fund Appropriations.--
``(1) State grants.--The Administrator may make a grant to
a State to develop and implement a State program under
subsection (f) and to carry out this section.
``(2) Shredding capacity.--
``(A) In general.--In making a grant under paragraph (1),
the Administrator shall give highest priority to ensuring
that adequate capacity is available to convert any waste
tires newly removed from motor vehicles to shredded tire
material beginning not later than 1 year after the date of
enactment of this section.
``(B) Emergency grants.--The Administrator may make an
emergency grant to a State, using the borrowing authority of
the Waste Tire Recycling, Abatement, and Disposal Trust Fund,
to ensure the shredding capacity described in subparagraph
(A).
``(3) Abatement on public lands.--The Secretary of the
Treasury may transfer, subject to appropriations, amounts
from the Waste Tire Recycling, Abatement, and Disposal Trust
Fund to the Secretary of the Interior, the Administrator of
the General Services Administration, or the head of any other
Federal department, agency, or instrumentality that owns land
on which a waste tire collection site is located to abate the
collection site.
``(4) Federal procurement.--The Secretary of the Treasury
may transfer, subject to appropriations, amounts from the
Waste Tire Recycling, Abatement, and Disposal Trust Fund to
the Secretary of Transportation or to the head of any other
Federal department, agency, or instrumentality engaged in
road building to offset any additional cost associated with
the procurement of asphalt pavement containing recycled
rubber for road construction, surfacing, or resurfacing.
[[Page S2329]]
``(5) Federal programs and abatement actions.--There is
authorized to be appropriated from the Waste Tire Recycling,
Abatement, and Disposal Trust Fund to the Administrator such
funds as are necessary to--
``(A) implement and enforce any Federal program established
under subsection (h); and
``(B) take any abatement action pursuant to subsection (i).
``(6) Research.--
``(A) Grants and contracts.--The Administrator may use
funds appropriated from the Waste Tire Recycling, Abatement,
and Disposal Trust Fund to make a grant or enter into a
contract or cooperative agreement with a person to conduct
research and development on--
``(i) waste tire processing and recycling technologies; or
``(ii) the use, performance, and marketability of products
made from crumb rubber or other materials produced from waste
tire processing.
``(B) Research program.--
``(i) In general.--The Administrator, in cooperation with
the Secretary of Transportation, shall conduct a program of
research to determine--
``(I) the public health and environmental risks associated
with the production and use of asphalt pavement containing
recycled rubber;
``(II) the performance of asphalt pavement containing
recycled rubber under various climate and use conditions; and
``(III) the degree to which asphalt pavement containing
recycled rubber can be recycled.
``(ii) Date of completion.--The Administrator shall
complete the research program under clause (i) not later than
3 years after the date of enactment of this section.
``(7) Authorization of appropriations.--There is authorized
to be appropriated from the Waste Tire Recycling, Abatement,
and Disposal Trust Fund such sums as are necessary to carry
out this subsection.
``(l) Enforcement.--
``(1) Compliance orders.--
``(A) Issuance.--
``(i) In general.--If (on the basis of any information) the
Administrator determines that a person has violated, or is in
violation of, any requirement or prohibition in effect under
this section (including any requirement or prohibition in
effect under regulations promulgated to carry out this
section), the Administrator may--
``(I) issue an order assessing a civil penalty for any past
or current violation, or requiring compliance immediately or
within a specified time period, or both; or
``(II) commence a civil action in the United States
district court in the district in which the violation
occurred for appropriate relief, including a temporary or
permanent injunction.
``(ii) Nature of violation.--Any order issued pursuant to
clause (i)(I) shall state with reasonable specificity the
nature of the violation.
``(B) Penalties.--
``(i) In general.--Any penalty assessed in an order under
this subsection shall not exceed $25,000 per day of
noncompliance for each violation of a requirement or
prohibition in effect under this section.
``(ii) Factors.--In assessing the penalty, the
Administrator shall take into account the seriousness of the
violation and any good faith efforts to comply with
applicable requirements.
``(C) Public hearings.--
``(i) In general.--Any order issued under this paragraph
shall become final unless, not later than 30 days after the
issuance of the order, the persons named in the order request
a public hearing.
``(ii) Hearing required.--On receipt of the request, the
Administrator shall promptly conduct a public hearing.
``(iii) Administration.--In connection with any proceeding
under this paragraph, the Administrator may issue subpoenas
for the production of relevant papers, books, and documents,
and may promulgate rules for discovery.
``(D) Noncompliance.--In the case of a final order under
this paragraph requiring compliance with any requirement of
this section (including a regulation), if a violator, without
sufficient cause, fails to take corrective action within the
time specified in the order, the Administrator may assess a
civil penalty of not more than $25,000 for each day of
continued noncompliance with the order.
``(2) Criminal penalties.--
``(A) In general.--Any person that--
``(i) knowingly violates the requirements of this section
(including a regulation); or
``(ii) knowingly omits material information or makes any
false material statement or representation in any record,
report, or other document filed, maintained, or used for
purposes of compliance with this section (including a
regulation);
shall, on conviction, be subject to a fine of not more than
$50,000 for each day of violation or imprisonment for not to
exceed 2 years, or both.
``(B) Repeat offenses.--If the conviction is for a
violation committed after a first conviction of the person
under this paragraph, the maximum punishment shall be doubled
with respect to both the fine and imprisonment.
``(3) Civil penalties.--
``(A) In general.--Any person that violates any requirement
of this section (including a regulation) shall be liable to
the United States for a civil penalty in an amount not to
exceed $25,000 for each such violation.
``(B) Separate violations.--For purposes of subparagraph
(A), each day of the violation shall constitute a separate
violation.''.
SEC. 4. ADDITIONAL PROCUREMENT GUIDELINES.
Section 6002(e) of the Solid Waste Disposal Act (42 U.S.C.
6963(e)) is amended by inserting after ``October 1, 1985.''
the following: ``Not later than December 31, 1999, the
Administrator shall prepare final guidelines for rubber
products (including asphalt pavement) containing crumb rubber
derived by processing waste tires.''.
SEC. 5. CONFORMING AMENDMENT.
The table of contents in section 1001 of the Solid Waste
Disposal Act (42 U.S.C. 6901) is amended by adding at the end
of the items relating to subtitle D the following:
``Sec. 4011. Waste tire recycling, abatement, and disposal.''.
____
Summary of the Waste Tire Recycling, Abatement, and Disposal Act of
1997
Section 1 is the title of the bill: the Waste Tire
Recycling, Abatement and Disposal Act of 1997.
Section 2 contains Congressional findings including: 1) 250
million tires are disposed each year and 3 billion have
accumulated in tire piles; 2) current storage and disposal
practices are threat to human health and the environment; and
3) there are opportunities to recycle tires.
Section 3 amends the Solid Waste Disposal Act (RCRA) adding
a new section to subtitle D with several elements:
Purposes: 1) to encourage tire recycling; 2) to prevent
disease and fires; 3) to require abatement (reduction in size
of stockpiles to not more than 2500 tires in any pile) by the
year 2006; and 4) to regulate commerce in scrap tires.
Definitions: The most important include: 1) a tire
collection site is anything more than 400 tires; 2) shredding
means to process tires to a size that won't hold water; 3)
recycle does not include burning; 4) abate means to reduce
the size of a tire pile to not more than 2500 shredded tires;
and 5) properly disposed means shredded and placed in a
landfill meeting subtitle D criteria.
Prohibitions: 1) disposal of whole tires in landfills is
banned one year after enactment; 2) beginning one year after
enactment, tires newly removed from a vehicle must be
shredded or processed within 7 days; 3) also beginning one
year after enactment, fire and disease prevention standards
including maximum pile size and minimum spacing requirements
are imposed on tire collection sites; 4) beginning four years
after enactment all tires in existing piles must be shredded;
5) a year after state programs are adopted (which will
generally be three years after enactment) all tire haulers
and collectors must operate under state-issued permits; and
6) after the year 2006 tire piles bigger than 2500 tires are
prohibited.
Exemptions: 1) retailers storing not more than 1500 tires
at one site; 2) retreaders storing a 30-day supply of
casings; 3) service stations and others who remove tires
storing not more than 1500 tires at one site; 4) landfills
storing not more than 2500 tires for processing or disposal;
5) marine and agricultural uses if used within 6 months.
Registration: All tire haulers, tire collectors and tire
processors are required to notify state agencies within six
months of enactment providing information on waste tire
stockpiles and collection practices.
State Programs: EPA is to provide guidance within 12
months. Any State can apply to run a program which meets
guidance. State programs must require permits for haulers,
collectors and processors. States must collect fees of at
least 50 cents for each new tire sold and use revenue to
manage programs. States must have a plan providing for the
abatement of all tire stockpiles. States must inspect sites
before permits are granted. Tire collectors must show
financial responsibility for abatement of tires stored (a
bond in the amount of approximately $1 per tire allowed to be
stored under permit). Permits must contain abatement
schedules assuring that all tire piles are abated by year
2006. States must have authority to order abatement of tire
piles. A tipping fee of $1 per tire is also to be charged to
vehicle owner upon removal of used tire.
EPA Program: EPA is to establish program for each state
which does not have one by the date three years after
enactment. EPA's program would be identical to a State
program.
Abatement Authority: EPA is given authority to order the
abatement of a tire pile. EPA also is given authority to
cleanup a tire pile and recover costs from the owner of the
site.
Public Lands: The head of each federal agency owning land
on which a tire stockpile is located is to develop an
abatement plan.
Enforcement: EPA is given enforcement authority equivalent
to that available under subtitle C of RCRA to take action
against any person violating these new provisions.
Section 4 requires EPA to publish a federal procurement
guideline for asphalt pavement containing recycled rubber not
later than December 31, 1999.
Section 5 includes conforming amendments to RCRA.
summary of tax amendments
Section 1 imposes a federal tax of 50 cents per tire on the
sale of new tires. The tax
[[Page S2330]]
would collect approximately $120 million per year and extends
for a period of five years.
Section 2 creates a trust fund to receive the revenues from
the new federal tire tax. The trust fund could be used to:
(1) make grants to the states; (2) establish shredding
capacity for newly removed tires; (3) abate tire piles on
federal lands; (4) purchase asphalt pavement containing
recycled rubber for federal projects; (5) finance abatement
at orphan tire collection sites; and (6) conduct research on
tire recycling technologies.
By Mr. NICKLES (for himself, Mr. Inhofe, Mr. Hatch, Mr.
Leahy, and Mr. Grassley):
S. 447. A bill to amend title 18, United States Code, to give further
assurance to the right of victims of crime to attend and observe the
trials of those accused of the crime, and for other purposes; read
twice and placed on the calendar.
THE VICTIMS' RIGHTS CLARIFICATION ACT OF 1997
Mr. NICKLES. Mr. President, I rise today on behalf of victims of the
Oklahoma City bombing and their families, as well as other victims of
crime, to introduce the Victims Rights Clarification Act of 1997. The
purpose of this legislation is to clarify the rights of victims of
crime to attend and observe the trials of the accused and testify at
the sentencing hearing. I want to express my sincere thanks to Senators
Hatch, Leahy, Inhofe, Grassley, and Kennedy for their hard work in
crafting this bipartisan legislation.
During my tenure in the Senate, I have worked to ensure victims of
crime have equal standing under the law with those who have violated
the public trust. Progress has been made. The Victims' Bill of Rights,
approved by Congress in 1990, guarantees that victims of crime may be
present at public court proceedings, providing that a victim's
attendance does not materially affect his or her testimony. In 1996, as
part of the antiterrorism Bill, I included a provision based on my
Crime Victim Restitution Act, which entitles victims of crime to
receive full financial compensation directly from the criminal in the
form of mandatory restitution.
Too often, however, the rights of victims are sacrificed or
forgotten. The Victims Rights Clarification Act of 1997 clarifies the
intent of Congress with respect to the rights of victims to be present
at trial and be heard during the sentencing phase of the proceedings.
This piece of legislation further demonstrates the bipartisan will of
Congress to protect the rights of victims, as well as the accused.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 447
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 ``Victims' Rights
Clarification Act of 1997''.
SEC. 2. RIGHTS OF VICTIMS TO ATTEND AND OBSERVE TRIAL.
(a) In General.--
(1) Rights of victims to attend and observe trial.--Chapter
223 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 3510. Rights of victims to attend and observe trial
``(a) In General.--Notwithstanding any statute, rule, or
other provision of law, in any trial of a defendant accused
of an offense, a United States district court shall not order
the exclusion of any victim of the offense from the trial on
the basis that the victim may, during the sentencing phase of
the proceedings--
``(1) make a victim impact statement or present any victim
impact information in relation to the sentence to be imposed
on the defendant; or
``(2) testify as to the effect of the offense on the victim
or the family of the victim.
``(b) Definition of Victim.--In this section, the term
`victim' has the same meaning as in section 503(e)(2) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(e)(2)).''.
(2) Clearical amendment.--The analysis for chapter 223 of
title 18, United States Code, is amended by adding at the end
the following:
``3510. Rights of victims to attend and observe trial.''.
(b) Admissibility of Certain Evidence.--Section 3593(c) of
title 18, United States Code, is amended by inserting after
``misleading the jury.'' the following: ``For purposes of the
preceding sentence, the fact that a victim (as that term is
defined in section 503(e)(2) of the Victims' Rights and
Restitution Act of 1990 (42 U.S.C. 10607(e)(2))) attended or
observed the trial in accordance with applicable statutes,
rules, or other provisions of law, shall not be construed to
create a danger of unfair prejudice, confusing the issues, or
misleading the jury.''.
(c) Effect on Pending Cases.--The amendments made by this
section shall apply in any case that is pending on the date
of the enactment of this Act.
Mr. LEAHY. Mr. President, I join as an original cosponsor of the
Victims' Rights Clarification Act of 1997.
One of the most important rights that we can safeguard for crime
victims is the right to be heard in connection with sentencing
decisions for the perpetrators of the crimes that changed their lives.
When I was privileged to serve as State's attorney for Chittenden
County, I tried to inform crime victims of the status of cases and to
involve them, not only as witnesses at trial, but during the sentencing
proceedings as well. Lawyers call this a right of allocution. To
victims, it is a right to be heard. A similarly important right for
victims is the right to witness the trial of the accused.
Congress has addressed a victims' right of allocution and right to
witness trials several times in recent years. In 1990, Congress passed
the Victims' Rights and Restitution Act, commonly known as the victims
bill of rights. This legislation expressly provides that crime victims
shall have the right to be present at all public court proceedings
related to the offense, unless the court determines that testimony by
the victim would be materially affected if the victim heard other
testimony at trial.
In the Violent Crime Control and Law Enforcement Act of 1994,
Congress included several provisions granting victims the right of
attendance at trials and allocution in sentencing hearings. For
instance, the legislation provides for a specific right of allocution
by amending rule 32 of the Federal Rules of Criminal Procedure, thereby
requiring Federal judges at the sentencing for a crime of violence or
sexual assault to address the victim personally if the victim is
present at sentencing and to determine if the victim wishes to make a
statement or presentation. The legislation also authorizes courts to
hear victim impact testimony at capital sentencing proceedings, and
requires courts to determine if the victim wishes to make a statement
or present any information in relation to the sentence.
Finally, last year, Congress enacted the Televised Proceedings for
Crime Victims Act as part of the Antiterrorism and Effective Death
Penalty Act of 1996. Responding to the difficulties created for victims
of the Oklahoma City bombing when the trial was moved to Denver, the
statute was designed to provide a closed circuit feed back to the
victims and their families in Oklahoma City.
The Supreme Court has also ruled that victim impact statements are
permissible in death penalty cases. In the 1991 case Payne versus
Tennessee, the Supreme Court said that a sentencing jury in a capital
case may consider victim impact evidence relating to the victim's
personal characteristics and the emotional impact of the murder on the
victim's family. The Court made clear that it is an affront to the
civilized members of the human race to say that at sentencing in a
capital case, a parade of witnesses may praise the background,
character, and good deeds of the defendant, but nothing may be said
that bears upon the character of, or the harm imposed upon, the
victims.
Although Congress and the Supreme Court has made progress over the
last 20 years in recognizing crime victims' rights, we still have more
to do, especially with regards to a victim's right of allocation and
right to witness trials. Although I spoke of the need to do more with
regards to these issues last year when Congress enacted the Justice for
Victims of Terrorism Act, this need was highlighted by the recent
district and appellate court rulings on motions in the Oklahoma City
bombing cases. The courts ruled that the victims are categorically
excluded from both watching the trial and providing victim impact
statements. Thus the victims are faced with the excruciating dilemma of
having to choose between attending the trial and testifying at the
sentencing proceedings. If they sit outside the courtroom during the
trial, they may never learn the details of how the justice system
responded to this horrible crime. On the other hand, if they attend the
trial, they will never be able to tell the jury the full extent of the
suffering the crime has caused to them and to their families.
[[Page S2331]]
The law as it is, has been written by Congress and interpreted by the
Supreme Court does not thrust this painful choice upon the victims.
However, the recent district and appellate court rulings on motions
reveal the need to clarify existing law. In this regard, let me specify
what the Victims' Rights Clarification Act of 1997 would and would not
do.
The law would:
Clarify that a court shall not exclude a victim from witnessing a
trial on the basis that the victim may, during the sentencing phase of
the proceedings, make a victim impact statement.
Clarify that a court shall not prohibit a victim from making a victim
impact statement solely because the victim had witnessed the trial.
Just as importantly, the law would not:
Eliminate a judge's discretion to exclude a victim's testimony that
creates unfair prejudice, confuses the issues, or misleads the jury.
Attempt to strip a defendant of his or her constitutional rights.
Overturn any final judicial rulings.
The defendants in the Oklahoma City bombing case have argued to the
court that, despite the victims' rights laws, the court has the
responsibility to safeguard against any identifiable risk that emotion
could overwhelm reason when the victims provide their victim impact
testimony. According to the defendants, the only way that the court can
meet this responsibility is to provide the victims with the Hobson's
choice of witnessing the trial or providing victim impact statements.
However, to paraphrase Justice O'Connor's eloquent statement in the
Payne versus Tennessee case, the possibility that evidence may in some
cases be unduly inflammatory does not justify a prophylactic,
constitutionally based rule that this evidence may never be admitted.
It is for this reason that I am joining my cosponsors to clarify what
rights victims in this country should and do have. There is more that
needs to be done in this regard, but with this bipartisan legislation,
we are taking an important and timely step in the right direction.
____________________