I

103D CONGRESS

1ST SESSION H. R. 1076

To amend the Solid Waste Disposal Act to permit Governors to limit the

disposal of out-of-State solid waste in their States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Mr. WYDEN (for himself, Mr. BEREUTER, Mr. HAMILTON, Mr. KOPETSKI, Mr.

WISE, Mr. KANJORSKI, Mr. MURPHY, Mr. MCCLOSKEY, Mr. FINGERHUT,

Mrs. LLOYD, Ms. DANNER, Mr. JOHNSON of South Dakota, and Mr.

BUYER) 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 Governors

to limit the disposal of out-of-State solid waste in their

States, 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 Transpor5 tation of Municipal Waste Act of 1993’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL

2 WASTE.

3 Subtitle D of the Solid Waste Disposal Act (42

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

5 the following new section:

6 ‘‘INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE

7 ‘‘SEC. 4011. (a) AUTHORITY TO RESTRICT OUT-OF8 STATE MUNICIPAL WASTE.—(1)(A) Except as provided in

9 subsection (b), if requested in writing by both an affected

10 local government and an affected local solid waste plan11 ning unit, if the local solid waste planning unit exists

12 under State law, a Governor may prohibit the disposal of

13 out-of-State municipal waste in any landfill or incinerator

14 that is subject to the jurisdiction of the Governor or the

15 affected local government.

16 ‘‘(B) Prior to submitting a request under this section,

17 the affected local government and solid waste planning

18 unit shall—

19 ‘‘(i) provide notice and opportunity for public

20 comment concerning any proposed request; and

21 ‘‘(ii) following notice and comment, take formal

22 action on any proposed request at a public meeting.

23 ‘‘(2) Beginning with calendar year 1993, a Governor

24 of a State may, with respect to landfills covered by the

25 exceptions provided in subsection (b)—
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1 ‘‘(A) notwithstanding the absence of a request

2 in writing by the affected local government and the

3 affected local solid waste planning unit, if any,—

4 ‘‘(i) limit the quantity of out-of-State mu5 nicipal waste received for disposal at each land6 fill in the State to an annual quantity equal to

7 the quantity of out-of-State municipal waste re8 ceived for disposal at the landfill during the cal9 endar year 1991 or 1992, whichever is less; and

10 ‘‘(ii) limit the disposal of out-of-State mu11 nicipal waste at landfills that received, during

12 calendar year 1991, documented shipments of

13 more than 50,000 tons of out-of-State munici14 pal waste representing more than 30 percent of

15 all municipal waste received at the landfill dur16 ing the calendar year, by prohibiting at each

17 such landfill the disposal, in any year, of a

18 quantity of out-of-State municipal waste that is

19 greater than 30 percent of all municipal waste

20 received at the landfill during calendar year

21 1991; and

22 ‘‘(B) if requested in writing by the affected

23 local government and the affected local solid waste

24 planning unit, if any, prohibit the disposal of out-of25 State municipal waste in landfill cells that do not
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1 meet the design and location standards and leachate

2 collection and ground water monitoring requirements

3 of State law and regulations in effect on January 1,

4 1993, for new landfills.

5 ‘‘(3) In addition to the authorities provided in para6 graph (1)(A), beginning with calendar year 1997, a Gov7 ernor of any State, if requested in writing by the affected

8 local government and the affected local solid waste plan9 ning unit, if any, may further limit the disposal of out10 of-State municipal waste as provided in paragraph

11 (2)(A)(ii) by reducing the 30 percent annual quantity limi12 tation to 20 percent in each of calendar years 1998 and

13 1999, and to 10 percent in each succeeding calendar year.

14 ‘‘(4)(A) Any limitation imposed by the Governor

15 under paragraph (2)(A)—

16 ‘‘(i) shall be applicable throughout the State;

17 ‘‘(ii) shall not discriminate against any particu18 lar landfill within the State; and

19 ‘‘(iii) shall not discriminate against any ship20 ments of out-of-State municipal waste on the basis

21 of State of origin.

22 ‘‘(B) In responding to requests by affected local gov23 ernments under paragraphs (1)(A) and (2)(B), the Gov24 ernor shall respond in a manner that does not discriminate

25 against any particular landfill within the State and does
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1 not discriminate against any shipments of out-of-State

2 municipal waste on the basis of State of origin.

3 ‘‘(5)(A) Any Governor who intends to exercise the au4 thority provided in this paragraph shall, within 120 days

5 after the date of enactment of this section, submit to the

6 Administrator information documenting the quantity of

7 out-of-State municipal waste received for disposal in the

8 State of the Governor during calendar years 1991 and

9 1992.

10 ‘‘(B) On receipt of the information submitted pursu11 ant to subparagraph (A), the Administrator shall notify

12 the Governor of each State and the public and shall pro13 vide a comment period of not less than 30 days.

14 ‘‘(C) Not later than 60 days after receipt of informa15 tion from a Governor under subparagraph (A), the Admin16 istrator shall determine the quantity of out-of-State mu17 nicipal waste that was received at each landfill covered by

18 the exceptions provided in subsection (b) for disposal in

19 the State of the Governor during calendar years 1991 and

20 1992, and provide notice of the determination to the Gov21 ernor of each State. A determination by the Administrator

22 under this subparagraph shall be final and not subject to

23 judicial review.

24 ‘‘(D) Not later than 180 days after the date of enact25 ment of this section, the Administrator shall publish a list
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1 of the quantity of out-of-State municipal waste that was

2 received during calendar years 1991 and 1992 at each

3 landfill covered by the exceptions provided in subsection

4 (b) for disposal in each State in which the Governor in5 tends to exercise the authority provided in this paragraph,

6 as determined in accordance with subparagraph (C).

7 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

8 OUT-OF-STATE MUNICIPAL WASTE.—The authority to

9 prohibit the disposal of out-of-State municipal waste pro10 vided under subsection (a)(1) shall not apply to—

11 ‘‘(1) landfills in operation on the date of enact12 ment of this section that—

13 ‘‘(A) received during calendar year 1991

14 documented shipments of out-of-State munici15 pal waste; and

16 ‘‘(B) are in compliance with all applicable

17 State laws (including any State rule or regula18 tion) relating to design and location standards,

19 leachate collection, ground water monitoring,

20 and financial assurance for closure and post21 closure and corrective action;

22 ‘‘(2) proposed landfills that, prior to January 1,

23 1993, received—

24 ‘‘(A) an approval from the affected local

25 government to receive municipal waste gen-
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1 erated outside the county or the State in which

2 the landfill is located; and

3 ‘‘(B) a notice of decision from the State to

4 grant a construction permit; or

5 ‘‘(3) incinerators in operation on the date of en6 actment of this section that—

7 ‘‘(A) received, during calendar year 1991,

8 documented shipments of out-of-State munici9 pal waste;

10 ‘‘(B) are in compliance with the applicable

11 requirements of section 129 of the Clean Air

12 Act (42 U.S.C. 7429); and

13 ‘‘(C) are in compliance with all applicable

14 State laws (including any State rule or regula15 tion) relating to facility design and operations.

16 ‘‘(c) COST RECOVERY SURCHARGE AUTHORITY.—(1)

17 A State may impose and collect a fee (hereinafter in this

18 subsection referred to as a ‘cost recovery surcharge’) on

19 the combustion or disposal in a landfill, incinerator, or

20 other waste disposal facility of out-of-State municipal

21 waste in such State. Such cost recovery surcharge may

22 be different from a fee or charge imposed by the State

23 on solid waste which is generated in such State.
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1 ‘‘(2) With respect to a cost recovery surcharge im2 posed by a State pursuant to the authority provided by

3 paragraph (1) on waste generated outside the State—

4 ‘‘(A) during the period beginning on the date of

5 the enactment of this section and ending on Decem6 ber 31, 1993, the amount of such surcharge may not

7 exceed $3 per ton of such waste; and

8 ‘‘(B) during each 12-month period thereafter,

9 the amount of such surcharge may not exceed the

10 amount charged during the preceding 12-month pe11 riod, increased by the percentage, if any, by which

12 the Consumer Price Index for the calendar year end13 ing during such 12-month period exceeds the

14 Consumer Price Index for the calendar year 1990.

15 ‘‘(3) For purposes of paragraph (2)(B):

16 ‘‘(A) The Consumer Price index for any cal17 endar year is the average of the Consumer Price

18 Index for all urban consumers published by the De19 partment of Labor, as of the close of the 12-month

20 period ending on August 31 of each calendar year.

21 The revision of the Consumer Price Index which is

22 most consistent with the Consumer Price Index for

23 calendar year 1990 shall be used.
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1 ‘‘(B) The Administrator shall publish the maxi2 mum amount of the cost recovery surcharge for the

3 next 12-month period by March 1 of each year.

4 ‘‘(d) DEFINITIONS.—As used in this section:

5 ‘‘(1)(A) The term ‘affected local government’,

6 with respect to a landfill or incinerator, means the

7 elected officials of the city, town, borough, county,

8 or parish in which the facility is located.

9 ‘‘(B) Within 90 days after the date of the en10 actment of this section, the Governor shall designate

11 which entity listed in subparagraph (A) shall serve

12 as the affected local government for actions taken

13 under this section. If the Governor fails to make a

14 designation, the affected local government shall be

15 the city, town, borough, county, parish, or other

16 public body created pursuant to State law with pri17 mary jurisdiction over the land or the use of land on

18 which the facility is located.

19 ‘‘(2) The term ‘affected local solid waste plan20 ning unit’ means a political subdivision of a State

21 with authority relating to solid waste management

22 planning in accordance with State law.

23 ‘‘(3) With respect to a State, the term ‘out-of24 State municipal waste’ means municipal waste gen25 erated outside of the State. To the extent that it is
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1 consistent with the United States-Canada Free

2 Trade Agreement and the General Agreement on

3 Tariffs and Trade, the term shall include municipal

4 waste generated outside of the United States.

5 ‘‘(4) The term ‘municipal waste’ means refuse

6 (and refuse-derived fuel) generated by the general

7 public or from a residential, commercial, institu8 tional, or industrial source (or any combination

9 thereof), consisting of paper, wood, yard wastes,

10 plastics, leather, rubber, or other combustible or

11 noncombustible materials such as metal or glass (or

12 any combination thereof). The term ‘municipal

13 waste’ does not include—

14 ‘‘(A) any solid waste identified or listed as

15 a hazardous waste under section 3001;

16 ‘‘(B) any solid waste, including contami17 nated soil and debris, resulting from a response

18 action taken under section 104 or 106 of the

19 Comprehensive Environmental Response, Com20 pensation, and Liability Act of 1980 (42 U.S.C.

21 9604 or 9606) or a corrective action taken

22 under this Act;

23 ‘‘(C) any metal, pipe, glass, plastic, paper,

24 textile, or other material that has been sepa25 rated or diverted from municipal waste and has
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1 been transported into the State for the purpose

2 of recycling or reclamation;

3 ‘‘(D) any solid waste that is—

4 ‘‘(i) generated by an industrial facil5 ity; and

6 ‘‘(ii) transported for the purpose of

7 treatment, storage, or disposal to a facility

8 that is owned or operated by the generator

9 of the waste, or is located on property

10 owned by the generator or a company with

11 which the generator is affiliated;

12 ‘‘(E) any solid waste generated incident to

13 the provision of service in interstate, intrastate,

14 foreign, or overseas air transportation;

15 ‘‘(F) any industrial waste that is not iden16 tical to municipal waste with respect to the

17 physical and chemical state of the industrial

18 waste, and composition, including construction

19 and demolition debris;

20 ‘‘(G) any medical waste that is segregated

21 from or not mixed with municipal waste; or

22 ‘‘(H) any material or product returned

23 from a dispenser or distributor to the manufac24 turer for credit, evaluation, or possible reuse.’’.
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1 SEC. 3. TABLE OF CONTENTS AMENDMENT.

2 The table of contents of the Solid Waste Disposal Act

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

4 subtitle D the following new item:

‘‘Sec. 4011. Interstate transportation of municipal waste.’’.

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