I

103D CONGRESS

1ST SESSION H. R. 105

Relating to the treatment and disposal of solid waste, authorizing States

to regulate solid waste in interstate commerce, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. APPLEGATE introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

Relating to the treatment and disposal of solid waste, authorizing States to regulate solid waste in interstate commerce, 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. SOLID WASTE TREATMENT AND DISPOSAL.

4 (a) PROHIBITION.—It is unlawful for any person to

5 ship or transport or cause to be shipped or transported

6 any solid waste generated within a State into another

7 State for its treatment or disposal therein, if such ship8 ment or transportation into a State is in violation of the

9 laws of that State.
2

•HR 105 IH

1 (b) AUTHORIZATION.—Each State is authorized to

2 enact and enforce laws regulating the treatment and dis3 position of solid waste within such State, including (1)

4 laws imposing a ban on the importing into such State or

5 any part thereof, of solid waste for its treatment or other

6 disposition, (2) laws otherwise regulating the importing

7 into such State of solid waste for its treatment or other

8 disposition, and (3) laws imposing and collecting fees or

9 other charges in connection with the treatment and dis10 position within such State of solid waste generated in an11 other State.

12 (c) ENFORCEMENT.—Any person violating subsection

13 (a) of this section shall, for the first such violation, be

14 fined not more than $35,000, and for a second or subse15 quent violation, such person shall be fined not more than

16 $70,000, or imprisoned for not more than 10 years, or

17 both.

18 (d) EFFECTIVE DATE.—This section shall take effect

19 upon the expiration of the 12-month period following the

20 date of the enactment of this Act.

21 SEC. 2. REPORTING.

22 (a) REQUIREMENT.—Within the 90-day period fol23 lowing the date of the enactment of this Act, the Adminis24 trator of the Environmental Protection Agency, by regula25 tion, shall establish a program pursuant to which each
3

•HR 105 IH

1 person who transports or ships or causes to be transported

2 or shipped in interstate commerce any solid waste in ex3 cess of 100 pounds shall be required to prepare and sub4 mit to the Administrator, on an annual basis, a registra5 tion statement. Such statement shall include such person’s

6 name, principal place of business, the location of each ac7 tivity handling solid waste, and a complete list of all solid

8 waste transported or shipped in interstate commerce dur9 ing the calendar year preceding such statement.

10 (b) PUBLIC AVAILABILITY.—The Administrator shall

11 make such registration statements available, upon request,

12 to the public.

13 SEC. 3. DEFINITIONS.

14 As used in this Act:

15 (1) The term ‘‘person’’ includes any State or

16 political subdivision of a State or any individual, cor17 poration, or other legal entity.

18 (2) The term ‘‘solid waste’’ has the meaning

19 given such term by section 1004(27) of the Solid

20 Waste Disposal Act (42 U.S.C. 6903(27)).

21 (3) The term ‘‘interstate commerce’’ has the

22 meaning given such term by section 10 of title 18,

23 United States Code.

Æ