I

103D CONGRESS

2D SESSION H. R. 4073

To amend the Solid Waste Disposal Act to permit States and counties

to limit the disposal of out-of-State solid waste, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1994

Mr. GREENWOOD (for himself, Mr. CLINGER, Mr. MURTHA, Mr. MCDADE ,

Mr. HOLDEN, Mr. WALKER, Mr. GEKAS, Mr. MURPHY, Mr. RIDGE, Mr.

KLINK, Mr. SANTORUM, Mr. KANJORSKI, Mr. MCHALE, Mr. SHUSTER,

Mr. GOODLING, and Ms. MARGOLIES-MEZVINSKY) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Solid Waste Disposal Act to permit States

and counties to limit the disposal of out-of-State solid

waste, 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 ‘‘Interstate Municipal

5 Solid Waste Control Act’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION OF

2 NONHAZARDOUS SOLID WASTE.

3 Subtitle D of the Solid Waste Disposal Act (42

4 U.S.C. 6941 et seq.) is amended by adding the following

5 new section at the end thereof:

6 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF

7 NONHAZARDOUS SOLID WASTE.

8 ‘‘(a) AUTHORITY TO LIMIT QUANTITY IN EXISTING

9 FACILITIES.—

10 ‘‘(1) LIMIT BASED ON PRIOR YEARS.—The Gov11 ernor of a State may limit the quantity of out-of12 State municipal solid waste received for disposal at

13 each landfill or incinerator in the State to an annual

14 quantity equal to the quantity of out-of-State munic15 ipal solid waste received for disposal at the landfill

16 or incinerator during the calendar year 1990, 1991,

17 or 1992, whichever is less.

18 ‘‘(2) 30 PERCENT LIMIT.—The Governor of a

19 State may limit the quantity of out-of-State munici20 pal solid waste received for disposal at a landfill or

21 incinerator in the State to an annual quantity not

22 greater than 30 percent of all municipal solid waste

23 received at that landfill or incinerator during cal24 endar year 1990, 1991, or 1992, whichever is less,

25 if, during calendar year 1990, 1991, or 1992, that

26 landfill or incinerator received documented ship-
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1 ments of more than 50,000 tons of out-of-State mu2 nicipal solid waste representing more than 30 per3 cent of all municipal solid waste received at the

4 landfill or incinerator during the calendar year con5 cerned.

6 ‘‘(3) AUTHORITY TO FURTHER LIMIT.—Begin7 ning with calendar year 1995, the Governor of a

8 State may limit the disposal of out-of-State munici9 pal solid waste at landfills or incinerators in the

10 State by reducing the 30 percent annual quantity

11 limitation in paragraph (2) to 20 percent in each of

12 calendar years 1996 and 1997, and to 10 percent in

13 each succeeding calendar year.

14 ‘‘(b) AUTHORITY TO PROHIBIT OUT-OF-STATE MU15 NICIPAL SOLID WASTE DISPOSAL AT CERTAIN LAND16 FILLS AND INCINERATORS.—

17 ‘‘(1) NEW LANDFILLS AND INCINERATORS.—

18 The Governor of a State may prohibit the disposal

19 of out-of-State municipal solid waste in any new

20 landfill or new incinerator in the State.

21 ‘‘(2) LANDFILLS NOT COMPLYING WITH CER22 TAIN LAWS.—The Governor of a State may prohibit

23 the disposal of out-of-State municipal solid waste in

24 any landfill that does not meet all applicable Federal

25 and State laws (including any Federal or State rule
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1 or regulation) relating to design and location stand2 ards, leachate collection, ground water monitoring,

3 and financial assurance for closure and post-closure

4 and corrective action.

5 ‘‘(3) INCINERATORS NOT COMPLYING WITH

6 CERTAIN LAWS.—The Governor of a State may pro7 hibit the disposal of out-of-State municipal solid

8 waste in any incinerator that does not comply with

9 section 129 of the Clean Air Act (42 U.S.C. 7429)

10 and meet all applicable Federal and State laws (in11 cluding any Federal or State rule or regulation) re12 lating to facility design, operations, and emissions.

13 ‘‘(c) INDUSTRIAL SOLID WASTE DISPOSED OF AT

14 CERTAIN LANDFILLS OR INCINERATORS.—A Governor

15 may treat any out-of-State industrial solid waste as out16 of-State municipal solid waste for purposes of this section

17 if it is disposed of at a landfill or incinerator that receives

18 municipal solid waste.

19 ‘‘(d) AUTHORITY OF COUNTIES.—The government of

20 any county may exercise within the county the same au21 thority as that provided to the Governor under subsections

22 (a), (b), and (c) with respect to out-of-State municipal or

23 industrial solid waste, except that in applying subsection

24 (a)(2) in the case of a county, the reference to 30 percent

25 shall be treated as a reference to 20 percent. In any case
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1 in which both a county and the State in which such county

2 is located have acted to establish prohibitions or limita3 tions, or both, under subsection (a), (b), or (c), or any

4 combination thereof, the most restrictive of such prohibi5 tions or limitations shall govern in that county.

6 ‘‘(e) APPLICABILITY AND DISCRIMINATION PROVI7 SIONS.—Any limitation imposed by a Governor under sub8 section (a)(1), (b), or (c) shall be applicable throughout

9 the State and shall not discriminate against any shipments

10 of out-of-State solid waste on the basis of State of origin.

11 Any limitation imposed by a county under subsection (d)

12 shall be applicable throughout the county and shall not

13 discriminate against any shipments of out-of-State solid

14 waste on the basis of State of origin.

15 ‘‘(f) DETERMINATION OF QUANTITY.—(1) Any Gov16 ernor who intends to exercise the authority provided in

17 subsection (a) shall, within 150 days after the effective

18 date of this section, submit to the Administrator informa19 tion documenting the quantity of out-of-State municipal

20 solid waste received for disposal at each landfill and incin21 erator in the State during calendar years 1990, 1991 and

22 1992. Any county which intends to exercise the authority

23 provided in subsection (d) shall, within 120 days after the

24 effective date of this section, submit to the Governor infor25 mation documenting the quantity of out-of-State munici-
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1 pal solid waste received for disposal at each landfill and

2 incinerator in the county during calendar years 1990,

3 1991, and 1992, and the Governor shall transmit such in4 formation to the Administrator.

5 ‘‘(2) On receipt of the information submitted pursu6 ant to paragraph (1), the Administrator shall notify the

7 Governor of each State and the public and shall provide

8 a comment period of not less than 30 days.

9 ‘‘(3) Not later than 210 days after the effective date

10 of this section, the Administrator shall publish a list of

11 the quantity of out-of-State municipal solid waste that was

12 received during calendar years 1990, 1991 and 1992, at

13 each landfill and incinerator in each State in which the

14 Governor intends to exercise the authority provided in sub15 section (a) and at each landfill and incinerator in each

16 county which intends to exercise the authority provided

17 in subsection (d).

18 ‘‘(g) AUTHORITY TO RESTRICT IN-STATE MUNICI19 PAL SOLID WASTE EXPORTS.—(1) Except as provided in

20 paragraph (2), a Governor of a State may limit or prohibit

21 the exportation outside the State of municipal solid waste

22 generated in the State, in accordance with the comprehen23 sive waste management plan of the affected local solid

24 waste planning unit, or, if such a plan does not exist, in

25 accordance with State law.
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1 ‘‘(2) A Governor may not limit or prohibit the expor2 tation of materials consisting solely of materials that have

3 been separated from municipal solid waste for recycling.

4 ‘‘(h) REPORTING REQUIREMENTS.—The Governor of

5 each State exercising any authority under subsection (a),

6 (b) or (c) shall submit a report to the Administrator not

7 less frequently than annually documenting the quantities

8 of out-of-State municipal and industrial solid waste dis9 posed of in landfills and incinerators in that State which

10 accept municipal solid waste. Each county exercising any

11 authority under subsection (d) shall submit a report to

12 the State not less frequently than annually documenting

13 the quantities of out-of-State municipal and industrial

14 solid waste disposed of in landfills and incinerators in that

15 county which accept municipal solid waste, and the State

16 shall submit such report to the Administrator. Each such

17 report shall specify the percentage of the total amount of

18 solid waste disposed of in each such landfill and inciner19 ator that is comprised of such out-of-State municipal and

20 industrial solid waste.

21 ‘‘(i) EXEMPTIONS.—The provisions of this section

22 shall not apply to the following:

23 ‘‘(1) MATERIAL TO BE RECYCLED, RECLAIMED,

24 OR REUSED.—Any metal, pipe, glass, plastic, paper,

25 textile, or other material that has been separated or
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1 diverted from municipal solid waste and has been

2 transported into the State for the purpose of recy3 cling or reclamation and any material or product re4 turned from a dispenser or distributor to the manu5 facturer for credit, evaluation, or possible reuse.

6 This paragraph shall not apply to any material dis7 posed of in a landfill or incinerator.

8 ‘‘(2) INTERNAL DISPOSAL.—Any solid waste

9 that is generated by an industrial facility and trans10 ported for the purpose of treatment, storage, or dis11 posal to a facility that is owned or operated by the

12 generator of the waste, or is located on property

13 owned by the generator or any affiliated person.

14 ‘‘(3) AIR TRANSPORTATION WASTE.—Any solid

15 waste generated incident to the provision of service

16 in interstate, intrastate, foreign, or overseas air

17 transportation.

18 ‘‘(j) DEFINITIONS.—For purposes of this section:

19 ‘‘(1) NEW LANDFILL.—The term ‘new landfill’

20 means any landfill or portion thereof other than an

21 existing landfill.

22 ‘‘(2) EXISTING LANDFILL.—The term ‘existing

23 landfill’ means either of the following:

24 ‘‘(A) A landfill or portion thereof author25 ized to receive waste under a permit under
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1 State law was issued before the enactment of

2 this section; and which received shipments of

3 out-of-State municipal solid waste during cal4 endar year 1990, 1991, or 1992.

5 ‘‘(B) A proposed landfill or portion thereof

6 that, prior to January 1, 1993, received both of

7 the following:

8 ‘‘(i) An approval from either the af9 fected local government or the local solid

10 waste planning unit to receive municipal

11 solid waste generated outside the jurisdic12 tion of the affected local government, the

13 solid waste planning unit, or the State in

14 which the landfill is located.

15 ‘‘(ii) A notice of decision from the

16 State to grant a construction permit.

17 ‘‘(3) NEW INCINERATOR.—The term ‘new incin18 erator’ means any incinerator other than an existing

19 incinerator.

20 ‘‘(4) EXISTING INCINERATOR.—The term ‘exist21 ing incinerator’ means an incinerator in operation on

22 the date of enactment of this section that received,

23 during calendar year 1990, 1991, or 1992 docu24 mented shipments of out-of-State municipal solid

25 waste.
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1 ‘‘(5) OUT-OF-STATE WASTE.—The term ‘out-of2 State waste’ means, with respect to a State, waste

3 generated outside of the State. With respect to a

4 county, such term means waste generated outside of

5 the State in which such county is located. Such term

6 includes waste generated outside of the United

7 States.

8 ‘‘(6) MUNICIPAL SOLID WASTE.—The term

9 ‘municipal solid waste’ means refuse (and refuse-de10 rived fuel) generated by the general public or from

11 a residential, commercial, institutional, or industrial

12 source (or any combination thereof), consisting of

13 paper, wood, yard wastes, plastics, leather, rubber,

14 or other combustible or noncombustible materials

15 such as metal or glass (or any combination thereof).

16 The term does not include any of the following:

17 ‘‘(A) Any solid waste identified or listed as

18 a hazardous waste under section 3001.

19 ‘‘(B) Any solid waste, including contami20 nated soil and debris, resulting from a response

21 action taken under section 104 or 106 of the

22 Comprehensive Environmental Response, Com23 pensation, and Liability Act (42 U.S.C. 9604 or

24 9606) or a corrective action taken under this

25 Act.
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1 ‘‘(C) Any medical waste that is segregated

2 from or not mixed with municipal solid waste.

3 ‘‘(7) INDUSTRIAL SOLID WASTE.—The term ‘in4 dustrial solid waste’ means solid waste generated

5 from manufacturing or industrial processing oper6 ations that is not identical to municipal solid waste

7 with respect to the physical and chemical state of

8 the waste and the composition of the waste. The

9 term includes construction and demolition debris.

10 ‘‘(8) AFFILIATED PERSON.—The term ‘affili11 ated person’ means, with respect to the generator of

12 any solid waste, any person which controls, is con13 trolled by, or is under common control with the gen14 erator.’’.

15 SEC. 3. TABLE OF CONTENTS AMENDMENT.

16 The table of contents of the Solid Waste Disposal Act

17 is amended by adding at the end of the items relating to

18 subtitle D the following new item:

‘‘Sec. 4011. Interstate transportation of nonhazardous solid waste.’’.

19 SEC. 4. EFFECTIVE DATE.

20 The amendments made by this Act shall take effect

21 on the date 6 months after enactment.

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