II 

115TH CONGRESS 

1ST SESSION S. 746 

To amend the Solid Waste Disposal Act to authorize States to restrict 

interstate waste imports and impose a higher fee on out-of-State waste. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2017 

Mr. CASEY introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To amend the Solid Waste Disposal Act to authorize States 

to restrict interstate waste imports and impose a higher 

fee on out-of-State waste. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Trash Reduction and 

5 Sensible Handling Act of 2017’’ or the ‘‘TRASH Act’’. 

6 SEC. 2. DISCRETIONARY STATE PLAN PROVISIONS. 

7 (a) IN GENERAL.—Section 4003(b) of the Solid 

8 Waste Disposal Act (42 U.S.C. 6943(b)) is amended— 

9 (1) in the subsection heading, by striking ‘‘RE10 LATING TO RECYCLED OIL’’; 


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1 (2) by redesignating paragraphs (1) through 

2 (4) as clauses (i) through (iv), respectively, and in3 denting appropriately; 

4 (3) in the matter preceding clause (i) (as so re5 designated), by striking ‘‘Any State’’ and inserting 

6 the following: 

7 ‘‘(1) RECYCLED OIL.— 

8 ‘‘(A) IN GENERAL.—Any State’’; 

9 (4) in the undesignated matter following clause 

10 (iv) (as so redesignated), by striking ‘‘Any plan’’ and 

11 inserting the following: 

12 ‘‘(B) AMENDMENTS TO PLANS.—Any 

13 plan’’; and 

14 (5) by adding at the end the following: 

15 ‘‘(2) INTERSTATE WASTE IMPORTS.— 

16 ‘‘(A) IN GENERAL.—Any State plan sub17 mitted under this subtitle may include, at the 

18 option of the State, provisions to carry out each 

19 of the following: 

20 ‘‘(i) Restrictions at the State and 

21 local level of interstate waste imports by 

22 requiring that waste imported from an23 other State be only from States with equiv24 alent or higher standards of waste han25 dling and reduction. 


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1 ‘‘(ii) Subject to subparagraph (B), im2 position of higher fees on interstate waste 

3 imports, regardless of the compliance of 

4 the exporting State with the waste han5 dling and reduction standards of the im6 porting State. 

7 ‘‘(B) FEES DESCRIBED.— 

8 ‘‘(i) IN GENERAL.—A fee imposed 

9 under subparagraph (A)(ii) shall be known 

10 as a ‘community benefit fee’. 

11 ‘‘(ii) DISBURSAL OF FEES.—A State 

12 may provide community benefit fees to af13 fected communities. 

14 ‘‘(iii) DIFFERENTIATION OF FEES.— 

15 The State may differentiate community 

16 benefit fees based on whether the imported 

17 waste was disposed of at a landfill, an in18 cinerator, a resource recovery facility, a 

19 waste-to-energy facility, or other waste 

20 handling facility.’’. 

21 (b) TECHNICAL AMENDMENTS.—Section 4008 of the 

22 Solid Waste Disposal Act (42 U .S.C. 6948) is amended— 

23 (1) in subsection (a)— 


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1 (A) by striking ‘‘section 4003(b)’’ each 

2 place it appears and inserting ‘‘section 

3 4003(c)’’; and 

4 (B) in paragraph (3)(C), by striking ‘‘sec5 tion 4003(b)(1)(A)’’ and inserting ‘‘section 

6 4003(c)(1)(A)’’; 

7 (2) in subsection (f)(1), by striking ‘‘section 

8 4003(b)’’ and inserting ‘‘section 4003(b)(1)’’; and 

9 (3) in subsection (g), by striking ‘‘section 

10 4003(b)(1)’’ and inserting ‘‘section 4003(c)(1)’’. 

Æ 


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