I

103D CONGRESS

1ST SESSION H. R. 1052

To authorize States to regulate the treatment, disposal, and other disposition

of solid waste.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1993

Ms. DANNER (for herself, Mr. LEWIS of Florida, and Mr. WYDEN) introduced

the following bill; which was referred to the Committee on Energy and

Commerce

A BILL

To authorize States to regulate the treatment, disposal, and

other disposition of solid waste.

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 ‘‘States Solid Waste

5 Regulatory Authority Act’’.

6 SEC. 2. AUTHORITY TO REGULATE SOLID WASTE.

7 (a) AUTHORITY.—Subtitle D of the Solid Waste Dis8 posal Act (42 U.S.C. 6901 et seq.) is amended by adding

9 at the end the following new section:
2

•HR 1052 IH

1 ‘‘SEC. 4011. STATE AUTHORITY TO REGULATE SOLID

2 WASTE.

3 ‘‘(a) LAWS REGULATING TREATMENT AND DIS4 POSAL.—

5 ‘‘(1) FEES.—

6 ‘‘(A) Subject to the limitations described in

7 this paragraph, each State is authorized to

8 enact and enforce laws imposing and collecting

9 fees in connection with the treatment, disposal,

10 or other disposition within such State of solid

11 waste generated in another State.

12 ‘‘(B) Beginning in calendar year 1994, any

13 increase in a fee described in subparagraph (A)

14 may not exceed an amount which is equal to the

15 base amount multiplied by the applicable per16 centage for such calendar year.

17 ‘‘(C) The applicable percentage for cal18 endar years, beginning with calendar year 1994,

19 shall be determined in accordance with the fol20 lowing table:

The applicable

‘‘In calendar year: percentage is:

‘‘1994 ......................................................... 50

‘‘1995 ......................................................... 100

‘‘1996 ......................................................... 150

‘‘1997 ......................................................... 200

‘‘1998 and thereafter ................................. (Such amount as
3

•HR 1052 IH

the receiving State

may determine).

1 ‘‘(D) For purposes of this paragraph, the

2 term ‘base amount’ means the fee imposed by

3 the State on December 31, 1993, or, if no fee

4 was imposed on December 31, 1993, the fee

5 first imposed by the State after such date.

6 ‘‘(E) In the case of any State that imposes

7 a fee after December 31, 1993, the table in

8 subparagraph (C) shall be applied—

9 ‘‘(i) by substituting the first calendar

10 year beginning after the calendar year in

11 which such fee is imposed for 1994;

12 ‘‘(ii) by substituting the second cal13 endar year beginning after the calendar

14 year in which such fee is imposed for

15 1995;

16 ‘‘(iii) by substituting the third cal17 endar year beginning after the calendar

18 year in which such fee is imposed for

19 1996; and

20 ‘‘(iv) by substituting the fourth cal21 endar year beginning after the calendar

22 year in which such fee is imposed for

23 1997.
4

•HR 1052 IH

1 ‘‘(F) Notwithstanding any other provision

2 of this section, at any time the fee imposed by

3 an exporting State in connection with treat4 ment, disposal, or other disposition of solid

5 waste exceeds the fee imposed by a receiving

6 State in connection with treatment, disposal, or

7 other disposition of solid waste, the receiving

8 State may impose and collect a fee in connec9 tion with treatment, disposal, or other disposi10 tion of solid waste received from an exporting

11 State equal to that of the fee imposed by the

12 exporting State. For purposes of this subpara13 graph, the term ‘exporting State’ means a State

14 in which solid waste is generated and exported

15 to another State for treatment, disposal, or

16 other disposition, and the term ‘receiving State’

17 means the State which receives solid waste from

18 another State for treatment, disposal, or other

19 disposition.

20 ‘‘(2) BANS ON SOLID WASTE IMPORTATION.—

21 Each State is authorized to enact and enforce laws

22 imposing a ban on the importation into such State

23 of solid waste generated outside such State if—
5

•HR 1052 IH

1 ‘‘(A) the 5-year period beginning on the

2 date of enactment of this section has expired;

3 and

4 ‘‘(B) the State has an approved or effec5 tive solid waste management plan meeting all of

6 the requirements of section 4003.

7 ‘‘(b) DEFINITION.—As used in this section, the term

8 ‘solid waste’ has the meaning provided in section 1004(27)

9 of this Act, except that such term does not include hazard10 ous waste as defined under subtitle C.’’.

11 (b) TECHNICAL AMENDMENT.—The table of contents

12 for subtitle D of the Solid Waste Disposal Act (contained

13 in section 1001) is amended by adding at the end the fol14 lowing new item:

‘‘4011. State authority to regulate solid waste.’’.

15 SEC. 3. STATE SOLID WASTE MANAGEMENT PLANS.

16 (a) ADDITIONAL PLAN REQUIREMENTS.—(1) Section

17 4003(a) of the Solid Waste Disposal Act (42 U.S.C.

18 6943(a)) is amended by striking out paragraph (6) and

19 inserting in lieu thereof the following:

20 ‘‘(6) The plan shall provide that the State, directly

21 or through regional or local planning units as may be es22 tablished under section 4002(a)(1), shall (A) identify the

23 amount of solid wastes by waste type that are reasonably

24 expected to be generated within the State or accepted from

25 another State during the 10-year period following the date
6

•HR 1052 IH

1 of the enactment of the States Solid Waste Regulatory Au2 thority Act, (B) identify the amount of solid waste to be

3 reduced during such 10-year period through source reduc4 tion, recycling, and resource recovery, and (C) establish

5 a process to assure the availability of solid waste treat6 ment, storage, and disposal facilities, including resource

7 recovery and recycling facilities, with capacity adequate to

8 manage all such solid wastes in an environmentally sound

9 manner. In establishing the process to assure the availabil10 ity of adequate solid waste management capacity, the

11 State shall take into account solid waste management

12 compacts in effect on the date of enactment of the States

13 Solid Waste Regulatory Authority Act that exist within

14 the State and one or more States.

15 ‘‘(7) The plan shall require laws, regulations, and or16 dinances for development of new and expanded solid waste

17 management facilities necessary to provide adequate ca18 pacity, as determined by the process established under

19 paragraph (6), including the establishment of a process

20 for the siting of such facilities and a schedule for the ap21 proval and construction of such facilities. To the extent

22 any capacity is provided outside the planning unit, the

23 State shall act to ensure such capacity is available and

24 is identified in the plan. The plan shall reserve to the State

25 authority to take such actions as may be necessary on be-
7

•HR 1052 IH

1 half of a regional or local planning unit, including com2 pacts with other States if appropriate, to assure the avail3 ability of such capacity when such planning unit has failed

4 in a timely way to provide adequate capacity for waste

5 volumes identified in the plan pursuant to paragraph (6).

6 ‘‘(8) The plan shall describe solid waste management

7 practices and programs, based on the State’s environ8 mental and economic conditions, that promote source re9 duction and recycling. Such programs shall include public

10 education campaigns, and the plan’s description of such

11 programs shall include, but not be limited to, the following

12 areas:

13 ‘‘(A) Coordination among State and local offi14 cials, including public education officials.

15 ‘‘(B) Course curriculum development for pri16 mary and secondary schools regarding the benefits

17 of and opportunities to participate in source reduc18 tion and recycling programs.

19 ‘‘(C) Projects to inform all members of the pub20 lic and private sectors, including government agen21 cies, institutions, the industrial and business com22 munities, and consumers, of the benefits of and op23 portunities to participate in source reduction and re24 cycling programs.
8

•HR 1052 IH

1 ‘‘(9) The plan shall identify existing State and re2 gional markets for recyclable materials and actions that

3 the State will take to promote and develop recycling mar4 kets.

5 ‘‘(10) The plan shall provide for a program requiring

6 that all solid waste management facilities register with the

7 State and requiring that only registered facilities may

8 manage solid waste identified in the plan. Such registra9 tion shall, at a minimum, include the name and address

10 of the owner and operator of the facility, the address of

11 the solid waste management facility, the type of solid

12 waste management used at the facility, and the amounts

13 of solid waste, by type and source, to be managed at the

14 facility.

15 ‘‘(11) The plan shall provide for technical and finan16 cial assistance to local communities to meet the require17 ments of the plan.

18 ‘‘(12) The plan shall specify the conditions under

19 which the State will authorize a person to accept solid

20 waste from other States, for purposes of solid waste man21 agement other than transportation, and the conditions

22 shall ensure that such waste is managed in accordance

23 with the plan and that acceptance of such waste will not

24 impede the ability of the State to manage solid waste gen25 erated within its borders.’’.
9

•HR 1052 IH

1 (2) Section 4003 of the Solid Waste Disposal Act (42

2 U.S.C. 6943) is amended by striking out subsection (d)

3 and inserting in lieu thereof the following:

4 ‘‘(d) WASTE-TO-ENERGY FACILITIES.—It is the in5 tention of this Act and the planning process developed

6 pursuant to this Act that determinations regarding the

7 need for or size of waste-to-energy facilities for solid waste

8 management shall not in any way interfere with the

9 achievement, to the maximum extent possible, of the objec10 tives and policies of this Act.

11 ‘‘(e) ADDITIONAL PLAN PROVISIONS.—Any State

12 plan submitted under this subtitle shall include provisions

13 to carry out each of the following unless the State dem14 onstrates, to the satisfaction of the Administrator, that

15 the inclusion of such a provision is not practicable:

16 ‘‘(1) A policy requiring the State and political

17 subdivisions of the State to procure products made

18 with recyclable materials.

19 ‘‘(2) A program to encourage composting of

20 yard waste, agricultural waste, and other waste

21 streams as appropriate.

22 ‘‘(3) A system for curbside pickup of recyclable

23 materials that have been separated at their source,

24 or a system for separation of recyclable materials at

25 recycling facilities, or both.
10

•HR 1052 IH

1 ‘‘(4)(A) A policy requiring—

2 ‘‘(i) that recyclable materials in solid waste

3 from residences, commercial establishments,

4 and office buildings be separated, to the maxi5 mum extent economically practicable, prior to

6 treatment or disposal in solid waste manage7 ment facilities; and

8 ‘‘(ii) the imposition of a surcharge on tip9 ping fees for any solid waste from commercial

10 establishments or office buildings that (I) is de11 livered to a landfill, waste-to-energy facility, or

12 waste treatment facility, and (II) from which

13 recyclable materials have not been separated at

14 their source.

15 ‘‘(B) In carrying out the policy of this para16 graph, the State shall include the following types of

17 recyclable materials; corrugated cardboard, office

18 paper and paper products, newspaper, glass, plastic

19 materials and products, ferrous and nonferrous met20 als, yard waste, and beverage containers.’’.

21 (b) PLAN APPROVAL.—(1) Section 4006 of the Solid

22 Waste Disposal Act (42 U.S.C. 6946) is amended by add23 ing at the end the following:

24 ‘‘(d) SUBMISSION OF PLANS.—Not later than 6

25 months after the date of enactment of the States Solid
11

•HR 1052 IH

1 Waste Regulatory Authority Act, each State shall, after

2 consultation with interested parties and local govern3 ments, submit to the Administrator for approval a plan

4 that complies with the requirements of section 4003(a).

5 ‘‘(e) FAILURE OF THE ADMINISTRATOR TO ACT ON

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

7 disapprove a plan under section 4007(a) within 6 months

8 after a State plan has been submitted for approval, the

9 State plan as submitted shall become effective at the expi10 ration of 6 months after the date on which such plan was

11 submitted. The plan shall remain in effect as submitted

12 and subject to review by the Administrator and revision

13 in accordance with section 4007(a).’’.

14 (2) Section 4007(a) of the Solid Waste Disposal Act

15 (42 U.S.C. 6947(a)) is amended in paragraph (1) and in

16 paragraph (2)(A) by striking out ‘‘and (5)’’ and inserting

17 in lieu thereof ‘‘and (5) through (12)’’.

Æ