I 

111TH CONGRESS 

1ST SESSION H. R. 1342 

To amend the Solid Waste Disposal Act to provide for the reduction of 

greenhouse gases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2009 

Mr. MORAN of Virginia introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

A BILL 

To amend the Solid Waste Disposal Act to provide for the 

reduction of greenhouse gases, 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 ‘‘Landfill Greenhouse 

5 Gas Reduction Act’’. 

6 SEC. 2. SOLID WASTE MANAGEMENT PLANS. 

7 (a) REQUIREMENTS FOR PLANS.—Section 4003(a) of 

8 the Solid Waste Disposal Act (42 U.S.C. 6943(a)) is 

9 amended by adding the following at the end thereof: 


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1 ‘‘(7)(A) The plan shall provide for the collection 

2 of a fee of not less than $5 per ton to be imposed 

3 on all solid waste collected by, or generated by, a 

4 municipality (other than fly ash and bottom ash) re5 ceived by each solid waste landfill subject to this 

6 subtitle in the State. The fee shall be collected by 

7 the owner or operator of the solid waste landfill and 

8 remitted to the general purpose unit of local govern9 ment having jurisdiction over the area in which the 

10 facility is located. The plan shall also provide for the 

11 submission to the State and to the Administrator of 

12 an annual report by each facility in the State that 

13 is subject to such fee in the year to which the report 

14 applies. The report shall specify the amount and 

15 type of waste received for the year concerned, to16 gether with the amount of fees collected and all 

17 measures in place at the reporting facility to reduce 

18 greenhouse gases and to protect human health and 

19 the environment. 

20 ‘‘(B)(i) The unit of local government referred to 

21 in subparagraph (A) shall use all revenues generated 

22 by the fee referred to in subparagraph (A), or trans23 fer such revenues to the State, to undertake, or to 

24 provide grants, loans, loan guarantees or other fi25 nancial assistance to any entity to undertake, apVerDate Nov 24 2008 01:04 Mar 07, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1342.IH H1342

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1 proved greenhouse gas reduction projects in the area 

2 subject to the jurisdiction of such unit of local gov3 ernment. Not more than 10 percent of such revenues 

4 may be reserved for the costs of administering the 

5 program under this subparagraph. 

6 ‘‘(ii) A greenhouse gas reduction project shall 

7 be treated as approved for purposes of this para8 graph if the project is one of a class or category of 

9 greenhouse gas reduction projects listed by the Ad10 ministrator as a cost-effective greenhouse gas reduc11 tion measure. The Administrator shall promulgate, 

12 and from time to time revise, a list of such classes 

13 or categories of such measures. Such list shall iden14 tify the most cost-effective measures. Such measures 

15 may include waste reduction measures, recycling, 

16 landfill gas recovery, waste recovery including energy 

17 generation, and any other measures deemed cost ef18 fective by the Administrator. 

19 ‘‘(iii) In selecting projects to be funded under 

20 this paragraph, the unit of local government (or 

21 State, as the case may be) shall select those projects 

22 identified by the Administrator as the most cost-ef23 fective means to reduce greenhouse gases.’’. 

24 (b) FEDERAL FINANCIAL ASSISTANCE.—Section 

25 4007(a) of the Solid Waste Disposal Act (42 


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1 U.S.C.6947(a)) is amended by striking out ‘‘and (5)’’ in 

2 each placed it appears and inserting ‘‘(5), and (7)’’. 

3 SEC. 3. FEDERAL PLANS FOR GREENHOUSE GAS REDUC4 TION. 

5 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis6 posal Act (42 U.S.C. 6901 and following) is amended by 

7 adding the following new section at the end thereof: 

8 ‘‘SEC. 4011. FEDERAL PLANS FOR GREENHOUSE GAS RE9 DUCTION. 

10 ‘‘(a) STATES NOT HAVING APPROVED PLANS.—In 

11 the case of any State for which plan provisions under sec12 tion 4003(a)(7) have not been approved within one year 

13 after the enactment of this section, or for which any such 

14 plan provisions are subsequently disapproved, the Admin15 istrator shall impose and collect, under rules promulgated 

16 by the Administrator, a fee of not more than $5 per ton 

17 on all solid waste collected by, or generated by, a munici18 pality (other than fly ash and bottom ash) received by each 

19 solid waste landfill subject to this subtitle in that State. 

20 Subject to annual appropriations, all revenues derived 

21 from such fee shall be used by the Administrator for 

22 greenhouse gas reduction measures described in section 

23 4003(a)(7)(B). 

24 ‘‘(b) PENALTY.—Any person who fails or refuses to 

25 pay the full amount of any fee imposed under subsection 


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1 (a) shall be liable to the United States for a civil penalty 

2 in the amount fo $25,000 for each such violation. Such 

3 civil penalty shall be assessed and collected in the same 

4 manner as in the case of a civil penalty under section 

5 3008(g).’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 such subtitle D is amended by adding the following at the 

8 end thereof: 

‘‘Sec. 4011. Federal plans for greenhouse gas reduction.’’. 

Æ 


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