II

104TH CONGRESS

1ST SESSION S. 373

To amend the Solid Waste Disposal Act to provide for State management

of solid waste, to reduce and regulate the interstate transportation of

solid wastes, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 8 (legislative day, JANUARY 30), 1995

Mr. BREAUX 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 provide for State

management of solid waste, to reduce and regulate the

interstate transportation of solid wastes, 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 ‘‘State Regulation and

5 Management of Solid Waste Act of 1995’’.
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1 TITLE I—GENERAL

2 AMENDMENTS

3 SEC. 101. FINDINGS.

4 (a) SOLID WASTE.—Section 1002(a)(4) of the Solid

5 Waste Disposal Act (42 U.S.C. 6901(a)) is amended to

6 read as follows:

7 ‘‘(4) that while the collection and disposal of

8 solid waste should continue to be primarily the func9 tion of State, regional, and local agencies, the prob10 lems of waste disposal described in this subsection

11 have become a matter national in scope and in con12 cern and necessitate Federal action by—

13 ‘‘(A) requiring that each State develop a

14 program for the management and disposal of

15 solid waste generated within each State by the

16 year 2015;

17 ‘‘(B) authorizing each State to restrict the

18 importation of solid waste from a State of ori19 gin for purposes of solid waste management

20 other than transportation; and

21 ‘‘(C) providing financial and technical as22 sistance and leadership in the development,

23 demonstration, and application of new and im24 proved methods and processes to reduce the

25 quantity of waste and unsalvageable materials
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1 and to provide for proper and economical solid

2 waste disposal practices.’’.

3 (b) ENVIRONMENT AND HEALTH.—Section 1002(b)

4 of the Solid Waste Disposal Act (42 U.S.C. 6901(b)) is

5 amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (7);

8 (2) by striking paragraph (8) and inserting the

9 following:

10 ‘‘(8) alternatives to existing methods of land

11 disposal must be developed, because it is estimated

12 that 80 percent of all permitted landfills will close

13 by the year 2015; and’’; and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(9) the transportation of solid waste long dis17 tances across country for purposes of solid waste

18 management and, in some cases, in the same vehi19 cles that carry consumer goods is harmful to the

20 public health and measures should be adopted to en21 sure public health is protected when the goods are

22 transported in the same vehicles as solid waste is

23 transported.’’.
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1 SEC. 102. OBJECTIVES AND NATIONAL POLICY.

2 (a) OBJECTIVES.—Section 1003(a) of the Solid

3 Waste Disposal Act (42 U.S.C. 6902(a)) is amended—

4 (1) by striking paragraph (1) and inserting the

5 following:

6 ‘‘(1) ensuring that each State has a program to

7 manage solid waste generated within its borders and

8 providing technical and financial assistance to State

9 and local governments and interstate agencies for

10 the development of solid waste management plans

11 (including recycling, resource recovery, and resource

12 conservation systems) that will promote improved

13 solid waste management techniques (including more

14 effective organization arrangements), new and im15 proved methods of collection, separation, and recov16 ery of solid waste, and the environmentally safe dis17 posal of nonrecoverable residues;’’;

18 (2) by striking ‘‘and’’ at the end of paragraph

19 (10);

20 (3) by striking the period at the end of para21 graph (11) and inserting a semicolon; and

22 (4) by adding at the end the following new

23 paragraphs:

24 ‘‘(12) promoting the use of regional and inter25 state agreements for economically efficient and envi26 ronmentally sound solid waste management prac-
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1 tices, and for construction and operation of solid

2 waste recycling and resource recovery facilities; and

3 ‘‘(13) promoting recycling and resource recov4 ery of solid waste through the development of mar5 kets for recycled products and recovered resources.’’.

6 SEC. 103. DEFINITIONS.

7 Section 1004 of the Solid Waste Disposal Act (42

8 U.S.C. 6903) is amended—

9 (1) by striking paragraph (12) and inserting

10 the following:

11 ‘‘(12) The term ‘manifest’ means the form used

12 for identifying the quantity, composition, and the or13 igin, routing, and destination of solid and hazardous

14 waste during its transportation from the point of

15 generation to the point of disposal, treatment, stor16 age, recycling, and resource recovery.’’;

17 (2) in paragraph (28), by inserting ‘‘recycling,

18 resource recovery,’’ before ‘‘treatment,’’;

19 (3) in paragraph (29)(C), by inserting ‘‘recy20 cling,’’ before ‘‘treatment’’;

21 (4) in paragraph (32)—

22 (A) by striking ‘‘means any’’ and inserting

23 ‘‘means—

24 ‘‘(A) any’’;
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1 (B) by striking the period at the end and

2 inserting ‘‘; and’’; and

3 (C) by adding at the end the following:

4 ‘‘(B) refuse (or refuse-derived fuel) col5 lected from the general public more than 30

6 percent of which consists of paper, wood, yard

7 wastes, food waste, plastics, leather, rubber,

8 and other combustible materials and

9 noncombustible materials such as glass and

10 metal including household wastes, sludge and

11 waste from institutional, commercial, and in12 dustrial sources, but does not include industrial

13 process waste, medical waste, hazardous waste,

14 or ‘hazardous substance’, as those terms are de15 fined in section 1004 or in section 101 of the

16 Comprehensive Environmental Response, Com17 pensation and Liability Act (42 U.S.C. 6901).’’;

18 and

19 (5) by adding at the end the following new

20 paragraphs:

21 ‘‘(42) The term ‘recycling’ means any use,

22 reuse or reclamation of a solid waste.

23 ‘‘(43) The term ‘State of final destination’

24 means a State that authorizes a person to transport

25 solid waste from a State of origin into the State for
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1 purposes of solid waste management other than

2 transportation.

3 ‘‘(44) The term ‘State of origin’ means a State

4 that authorizes a person to transport solid waste

5 generated within its borders to a State of final des6 tination for purposes of solid waste management

7 other than transportation.’’.

8 TITLE II—STATE SOLID WASTE

9 MANAGEMENT PLANS

10 SEC. 201. OBJECTIVES OF SUBTITLE D.

11 Section 4001 of the Solid Waste Disposal Act (42

12 U.S.C. 6941) is amended to read as follows:

13 ‘‘SEC. 4001. OBJECTIVES OF SUBTITLE.

14 ‘‘(a) IN GENERAL.—The objectives of this subtitle

15 are to reduce to the maximum extent practicable the quan16 tity of solid waste generated and disposed of prior to the

17 year 2015 by requiring each State to develop a program

18 that—

19 ‘‘(1) meets the objectives set out in section 102;

20 ‘‘(2) reduces the quantity of solid waste gen21 erated in the State and encourages resource con22 servation; and

23 ‘‘(3) facilitates the recycling of solid waste and

24 the utilization of valuable resources, including en-
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1 ergy and materials that are recoverable from solid

2 waste.

3 ‘‘(b) MEANS.—The objectives stated in subsection (a)

4 are to be accomplished through—

5 ‘‘(1) Federal guidelines and technical and fi6 nancial assistance to States;

7 ‘‘(2) encouragement of cooperation among Fed8 eral, State, and local governments and private indi9 viduals and industry;

10 ‘‘(3) encouragement of States to enter into

11 interstate or regional agreements to facilitate envi12 ronmentally sound and efficient solid waste manage13 ment; and

14 ‘‘(4) approval and oversight of the implementa15 tion of solid waste management plans.’’.

16 SEC. 202. STATE SOLID WASTE MANAGEMENT PLANS.

17 (a) MINIMUM REQUIREMENTS.—Section 4003 of the

18 Solid Waste Disposal Act (42 U.S.C. 6943) is amended—

19 (1) in subsection (a)—

20 (A) in the matter preceding paragraph (1),

21 by striking ‘‘each State plan must comply with

22 the following minimum requirements—’’ and in23 serting ‘‘each State Solid Waste Management

24 Plan must comply with the following minimum

25 requirements:’’;
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1 (B) by striking paragraphs (5) and (6) and

2 inserting the following:

3 ‘‘(5) The plan shall identify the quantities,

4 types, sources, and characteristics of solid wastes

5 that are reasonably expected to be generated within

6 the State or transported to the State from a State

7 of origin during each of the 20 years following the

8 year 1995 and that are reasonably expected to be

9 managed within the State during each of those

10 years.

11 ‘‘(6) The plan shall provide that the State act12 ing directly, through authorized persons, or through

13 interstate or regional agreements, will ensure the

14 availability of solid waste management capacity to

15 manage the solid waste described in paragraph (5)

16 in a manner that is environmentally sound and that

17 meets the objectives of this subtitle.’’; and

18 (C) by adding at the end the following new

19 paragraphs:

20 ‘‘(7) When identifying the quantity of solid

21 waste management capacity necessary to manage the

22 solid waste described in paragraph (5), the State

23 shall take into account solid waste management

24 agreements in effect upon the date of enactment of

25 this paragraph that exist between a person operating
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1 within the State and any person in a State or States

2 contiguous with the State.

3 ‘‘(8) The plan shall provide for the identifica4 tion and annual certification to the Administrator

5 concerning—

6 ‘‘(A) how the State has met the objectives

7 of this subtitle;

8 ‘‘(B) whether the State has issued permits

9 consistent with all the requirements of this Act

10 for capacity sufficient to manage the solid

11 waste described in paragraph (5) for an ensuing

12 5-year period; and

13 ‘‘(C) identification and approval by the

14 State of the sites for capacity described in para15 graph (5) for an ensuing 8-year period.

16 ‘‘(9) The plan shall provide that all solid waste

17 management facilities located in the State meet all

18 applicable Federal and State laws and for the enact19 ment of such State and local laws as may be nec20 essary to fulfill the purposes of this Act.

21 ‘‘(10)(A) The plan shall provide for a program

22 that requires all solid waste management facilities

23 located or operating in the State to register with the

24 State and that only registered facilities may manage

25 solid waste described in paragraph (5).
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1 ‘‘(B) Registration of facilities for the purpose of

2 subparagraph (A) shall at a minimum include—

3 ‘‘(i) the name and address of the owner

4 and operator of the facility;

5 ‘‘(ii) the address of the solid waste man6 agement facility;

7 ‘‘(iii) the type of solid waste management

8 used at the facility; and

9 ‘‘(iv) the quantities, types, and sources of

10 waste to be managed by the facility.

11 ‘‘(11) The plan shall provide for technical and

12 financial assistance to local communities to meet the

13 requirement of the plan.

14 ‘‘(12) The plan shall—

15 ‘‘(A) specify the conditions under which

16 the State will authorize a person to accept solid

17 waste from a State of origin for purposes of

18 solid waste management other than transpor19 tation; and

20 ‘‘(B) ensure that the waste is managed in

21 accordance with the plan and that acceptance of

22 the waste will not impede the ability of the

23 State of final destination to manage solid waste

24 generated within its borders.’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(e) PROHIBITION.—Upon the expiration of 180 days

4 after the date of approval of a State’s Solid Waste Man5 agement Plan required by this section or on the date on

6 which a State plan becomes effective pursuant to section

7 4007(d), it shall be unlawful for a person to manage solid

8 waste within that State, to transport solid waste generated

9 in that State to a State of final destination, and to accept

10 solid waste from a State of origin for purposes of solid

11 waste management other than transportation unless the

12 activities are authorized and conducted pursuant to the

13 approved plan.’’.

14 (b) PROCEDURE.—Section 4006 of the Solid Waste

15 Disposal Act (42 U.S.C. 6946) is amended by adding at

16 the end the following new subsection:

17 ‘‘(d) SUBMISSION OF PLANS.—Not later than 4 years

18 after the date of enactment of this subsection, each State

19 shall, after consultation with the public, other interested

20 parties, and local governments, submit to the Adminis21 trator for approval a plan that complies with the require22 ments of section 4003(a).’’.

23 (c) APPROVAL.—Section 4007 of the Solid Waste

24 Disposal Act (42 U.S.C. 6947) is amended—

25 (1) in subsection (a)—
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1 (A) by striking paragraph (1) and insert2 ing the following:

3 ‘‘(1) it meets the requirements of section

4 4003(a);’’.

5 (B) by striking the period at the end of

6 paragraph (2) and inserting ‘‘; and’’;

7 (C) by inserting after paragraph (2) the

8 following new paragraph:

9 ‘‘(3) it furthers the objectives of section 4001.’’;

10 and

11 (D) by striking the third sentence and in12 serting the following: ‘‘Upon receipt of each

13 State’s certification required by section

14 4003(a)(8), the Administrator shall determine

15 whether the approved plan is in compliance with

16 section 4003, and if the Administrator deter17 mines that revision or corrections are necessary

18 to bring the plan into compliance with the mini19 mum requirements promulgated under section

20 4003 (including new or revised requirements),

21 the Administrator shall, after notice and oppor22 tunity for public hearing, withhold approval of

23 the plan.’’; and

24 (2) by adding at the end the following new sub25 section:
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1 ‘‘(d) FAILURE OF THE ADMINISTRATOR TO ACT ON

2 A STATE PLAN.—If the Administrator fails to approve or

3 disapprove a plan within 18 months after a State plan

4 has been submitted for approval, the State plan as submit5 ted shall go into effect at the expiration of 18 months after

6 the plan was submitted, subject to review by the Adminis7 trator and revision in accordance with section 4007(a).’’.

8 TITLE III—INTERSTATE

9 TRANSPORT OF WASTE

10 SEC. 301. AUTHORITY OF STATES TO CONTROL INTER11 STATE SHIPMENT OF SOLID WASTE.

12 Subtitle D of the Solid Waste Disposal Act (42

13 U.S.C. 6941 et seq.) is amended by adding at the end

14 the following new sections:

15 ‘‘SEC. 4011. AUTHORITY TO RESTRICT INTERSTATE TRANS16 PORT OF SOLID WASTE.

17 (a) IN GENERAL.—Upon the expiration of 180 days

18 after the date on which the Administrator approves a Solid

19 Waste Management Plan required by section 4003 or after

20 the date a State plan becomes effective in accordance with

21 section 4007(d), a State with an approved or effective

22 State plan may prohibit or restrict a person from import23 ing solid waste from a State of origin for purposes of solid

24 waste management (other than transportation).
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1 ‘‘(b) LIMITATION.—A State may authorize a person

2 to import solid waste from a State of origin for purposes

3 of solid waste management (other than transportation)

4 only in accordance with section 4003(a)(12).

5 ‘‘SEC. 4012. FEES.

6 ‘‘(a) IN GENERAL.—A State may levy fees on solid

7 waste that differentiate rates or other aspects of payment

8 on the basis of solid waste origin.

9 ‘‘(b) ALLOCATION.—At least 50 percent of the reve10 nues received from the fees collected shall be allocated by

11 the State to the local government of the jurisdictions in

12 which the solid waste will be managed. The fees shall be

13 used by local governments for the purpose of carrying out

14 an approved plan.’’.

15 TITLE IV—FINANCIAL

16 ASSISTANCE

17 SEC. 401. FEDERAL ASSISTANCE.

18 Section 4008(a) of the Solid Waste Disposal Act (42

19 U.S.C. 6948) is amended—

20 (1) in paragraph (1), by striking ‘‘appro21 priated’’ and all that follows through ‘‘1988’’ and in22 serting ‘‘appropriated $100,000,000 for each of fis23 cal years 1996, 1997, and 1998’’; and

24 (2) by adding at the end of paragraph (2) the

25 following new subparagraph:
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1 ‘‘(E) There are authorized to be appropriated

2 $25,000,000 for each of fiscal years 1996 through 1998

3 for the purposes of providing grants to States for the en4 couragement of recycling, resource recovery, and resource

5 conservation activities. The activities shall include licens6 ing and construction of recycling, resource recovery, and

7 resource conservation facilities within the State and the

8 development of markets for recycled products.’’.

9 SEC. 402. RURAL COMMUNITIES ASSISTANCE.

10 Section 4009(d) of the Solid Waste Disposal Act (42

11 U.S.C. 6949) is amended—

12 (1) in subsection (a), by striking ‘‘section

13 4005’’ and inserting ‘‘sections 4004 and 4005’’; and

14 (2) by striking subsection (d) and inserting the

15 following:

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 $50,000,000 for each of fiscal years 1996, 1997, and

19 1998.’’.

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