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104TH CONGRESS

2D SESSION H. R. 3522

To amend title 23, United States Code, to ensure consideration of and

planning for reuse or disposal of construction and demolition debris

resulting from highway projects, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 1996

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on Transportation and Infrastructure

A BILL

To amend title 23, United States Code, to ensure consideration of and planning for reuse or disposal of construction and demolition debris resulting from highway

projects, and for other purposes.

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 ‘‘Construction and Dem5 olition Debris Disposal Act’’.

6 SEC. 2. STANDARDS.

7 (a) GUIDELINES.—Section 109(h) of title 23, United

8 States Code, is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (4);

3 (2) by striking the period at the end of para4 graph (5) and inserting ‘‘; and’’; and

5 (3) by inserting after paragraph (5) the follow6 ing:

7 ‘‘(6) method and location of disposal of con8 struction and demolition debris resulting from the

9 project, including transportation of such debris.’’.

10 (b) INTENT OF CONGRESS.—Section 109(o) of such

11 title is amended—

12 (1) by inserting ‘‘(1)’’ after ‘‘Congress’’; and

13 (2) by inserting before the period at the end the

14 following: ‘‘; and (2) that any project for resur15 facing, restoring, or rehabilitating any highway

16 (other than a highway access to which is fully con17 trolled) in which Federal funds participate shall in18 clude, to the extent possible, as a part of the project

19 the reuse or recycling of any construction and demo20 lition debris resulting from the project and, in any

21 case in which such reuse or recycling is not possible,

22 include a requirement that the construction and

23 demolition debris will be disposed of in existing mu24 nicipal landfills or used for fill as permitted under

25 State and local law’’.
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1 SEC. 3. PUBLIC HEARINGS.

2 (a) REQUIREMENTS.—Section 128(a) of title 23,

3 United States Code, is amended—

4 (1) by inserting before the period at the end of

5 the first sentence the following: ‘‘and has considered

6 the economic, social, environmental, and other ef7 fects of the method and location of disposal of con8 struction and demolition debris resulting from the

9 project’’;

10 (2) in the second sentence by striking ‘‘enabling

11 persons in’’ and all that follows through the period

12 and inserting the following: ‘‘enabling persons in

13 areas through or contiguous to whose property or

14 schools the highway will pass or into whose neigh15 borhoods construction and demolition debris from

16 the project will be disposed of to express any objec17 tions they may have to the proposed locations of

18 such highway or the proposed transportation or dis19 posal.’’; and

20 (3) by inserting before the period at the end of

21 the third sentence the following: ‘‘and the method

22 and location of the disposal of construction and dem23 olition debris resulting from the project’’.

24 (b) SPECIAL RULES FOR HEARINGS ON DISPOSAL OF

25 DEBRIS.—Section 128 of such title is amended by redesig-
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1 nating subsection (b) as subsection (c) and by inserting

2 after subsection (a) the following:

3 ‘‘(b) SPECIAL RULES FOR HEARINGS ON DISPOSAL

4 OF DEBRIS.—

5 ‘‘(1) CONSIDERATION OF OTHER DEBRIS.—The

6 hearings held under subsection (a) with respect to

7 the economic, social, environmental, and other ef8 fects of the method and location of disposal of con9 struction and demolition debris resulting from a

10 project shall include consideration of the following:

11 ‘‘(A) Debris resulting from any previous

12 construction that must be removed in order to

13 carry out the project.

14 ‘‘(B) Debris resulting from any renovation,

15 rebuilding, or construction attributable to the

16 project, including relocation of dwellings, build17 ings, or other facilities.

18 ‘‘(C) Other construction and demolition de19 bris indirectly attributable to the project.

20 ‘‘(2) PERSONAL NOTIFICATION.—If the location

21 proposed for the disposal of the construction and

22 demolition debris is not in an existing municipal

23 solid waste landfill, contiguous property owners to

24 the proposed location shall be personally notified of

25 the public hearing.’’.
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1 SEC. 4. STATEWIDE PLANNING.

2 Section 135(c) of title 23, United States Code, is

3 amended by adding at the end the following:

4 ‘‘(21) The economic, social, environmental, and

5 other effects of the method and location of the dis6 posal of construction and demolition debris resulting

7 from the project, including debris described in sec8 tion 128(b)(1).’’.

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