II

103D CONGRESS

2D SESSION S. 1808

To amend the Solid Waste Disposal Act to allow States to regulate the

disposal of municipal solid waste generated outside of the State, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 28 (legislative day, JANUARY 25), 1994

Mr. CONRAD 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 allow States

to regulate the disposal of municipal solid waste generated outside of the State, 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. AUTHORITY TO REGULATE OUT-OF-STATE

4 WASTE.

5 Subtitle D of the Solid Waste Disposal Act (42

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

7 the following new section:
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1 ‘‘SEC. 4011. AUTHORIZATION FOR STATES TO REGULATE

2 MUNICIPAL SOLID WASTE GENERATED IN AN3 OTHER STATE.

4 ‘‘(a) AUTHORITY TO REGULATE.—

5 ‘‘(1) IN GENERAL.—Each State is authorized to

6 enact and enforce a State law that regulates the

7 treatment, incineration, and disposal of municipal

8 solid waste generated in another State.

9 ‘‘(2) AUTHORITIES.—A State law referred to in

10 paragraph (1) may include provisions for—

11 ‘‘(A) the imposition of a ban or limit on

12 the importation of municipal solid waste gen13 erated outside of the State; and

14 ‘‘(B) the collection of differential fees or

15 other charges for the treatment, incineration, or

16 disposal of municipal solid waste generated in

17 another State.

18 ‘‘(b) LOCAL GOVERNMENT APPROVAL.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2) or as otherwise provided under State law,

21 the owner or operator of a landfill, incinerator, or

22 other waste disposal facility in a State may not ac23 cept for treatment, incineration, or disposal any mu24 nicipal solid waste generated outside of the State un25 less the owner or operator has obtained a written

26 authorization to accept the waste from—
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1 ‘‘(A) the affected local government; and

2 ‘‘(B) any affected local solid waste plan3 ning unit established pursuant to the law of the

4 State.

5 ‘‘(2) EXCEPTIONS.—

6 ‘‘(A) IN GENERAL.—Paragraph (1) shall

7 not apply with respect to an owner or operator

8 of a landfill, incinerator, or other waste disposal

9 facility that—

10 ‘‘(i) otherwise complies with all appli11 cable laws of the State in which the facility

12 is located relating to the treatment, incin13 eration, or disposal of municipal solid

14 waste; and

15 ‘‘(ii) during 1992, accepted for treat16 ment, incineration, or disposal municipal

17 solid waste generated outside of the State.

18 ‘‘(B) EXISTING AUTHORIZATIONS.—An

19 owner or operator of a facility described in

20 paragraph (1) who, prior to the date of enact21 ment of this section, obtained a written author22 ization from—

23 ‘‘(i) the appropriate official of a politi24 cal subdivision of the State (as determined

25 by the State); and
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1 ‘‘(ii) any affected local solid waste

2 planning unit established pursuant to the

3 law of the State,

4 to carry out the treatment, incineration, or dis5 posal of municipal solid waste generated outside

6 of the State shall, during the applicable period

7 of the authorization, be considered to be in

8 compliance with the requirements of paragraph

9 (1).

10 ‘‘(C) FACILITIES UNDER CONSTRUC11 TION.—If, prior to the date of enactment of

12 this section, an appropriate political subdivision

13 of a State (as determined by the State) and any

14 affected local solid waste planning unit estab15 lished pursuant to the law of the State issued

16 a written authorization for a facility that is

17 under construction, or is to be constructed, to

18 accept for treatment, incineration, or disposal

19 municipal solid waste generated outside of the

20 State, at such time as the construction is com21 pleted, the owner or operator of the facility

22 shall be considered to be in compliance with the

23 requirements of paragraph (1) during the appli24 cable period of the authorization.
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1 ‘‘(3) EXPANSION OF FACILITIES.—An owner or

2 operator who expands a landfill, incinerator, or other

3 waste disposal facility shall be required to obtain the

4 applicable authorizations required under paragraph

5 (1) prior to accepting for treatment, incineration, or

6 disposal municipal solid waste that is generated out7 side of the State.

8 ‘‘(4) PRIOR DISCLOSURE.—Prior to formal ac9 tion with respect to an authorization to receive mu10 nicipal solid waste or incinerator ash generated out11 side of the State, the affected local government and

12 the affected local solid waste planning unit shall—

13 ‘‘(A) require and make readily available to

14 the Governor, adjoining Indian tribes, and other

15 interested persons for inspection and copying,

16 from the owner or operator of the facility seek17 ing the authorization—

18 ‘‘(i) a brief description of the planned

19 facility, including a description of the facil20 ity size, ultimate waste capacity, and an21 ticipated monthly and yearly waste quan22 tity to be handled;

23 ‘‘(ii) a map of the facility site that in24 dicates—
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1 ‘‘(I) the location of the facility in

2 relation to the local road system and

3 topographical and hydrological fea4 tures; and

5 ‘‘(II) any buffer zones and facil6 ity units to be acquired by the owner

7 or operator of the facility;

8 ‘‘(iii) a description of the then current

9 environmental characteristics of the site,

10 including information regarding—

11 ‘‘(I) ground water resources; and

12 ‘‘(II) alterations that may be ne13 cessitated by or occur as a result of

14 the facility;

15 ‘‘(iv) a description of—

16 ‘‘(I) appropriate environmental

17 controls to be utilized on the site, in18 cluding run-on or run-off manage19 ment, air pollution control devices,

20 source separation procedures, meth21 ane monitoring and control, landfill

22 covers, liners, leachate collection sys23 tems, and monitoring and testing pro24 grams; and
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1 ‘‘(II) any waste residuals gen2 erated by the facility, including leach3 ate or ash, and the planned manage4 ment of the residuals;

5 ‘‘(v) a description of the site access

6 controls to be employed, and roadway im7 provements to be made, by the owner or

8 operator, and an estimate of the timing

9 and extent of increased local truck traffic;

10 ‘‘(vi) a list of all required Federal,

11 State, and local permits required to oper12 ate the landfill and receive waste generated

13 outside of the State;

14 ‘‘(vii) estimates of the personnel re15 quirements of the facility, including infor16 mation regarding the probable skill and

17 education levels required for jobs at the fa18 cility that distinguishes between employ19 ment statistics for pre- and post-oper20 ational levels;

21 ‘‘(viii)(I) information with respect to

22 any violations of regulations by the owner

23 or operator, or subsidiaries;
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1 ‘‘(II) the disposition of enforcement

2 proceedings taken with respect to the viola3 tions; and

4 ‘‘(III) corrective action and rehabilita5 tion measures taken as a result of the pro6 ceedings;

7 ‘‘(ix) information required by State

8 law to be provided with respect to gifts,

9 contributions, and contracts by the owner

10 or operator to any elected or appointed

11 public official, agency, institution, busi12 ness, or charity located within the affected

13 local area to be served by the facility;

14 ‘‘(x) information required by State

15 law to be provided by the owner or opera16 tor with respect to compliance by the

17 owner or operator with the State solid

18 waste management plan in effect pursuant

19 to section 4007;

20 ‘‘(xi) information with respect to the

21 source and amount of capital required to

22 construct and operate the facility in ac23 cordance with the information provided

24 under clauses (i) through (vii); and
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1 ‘‘(xii) information with respect to the

2 source and amount of insurance, collateral,

3 or bond secured by the applicant to meet

4 all Federal and State requirements;

5 ‘‘(B) provide opportunity for public com6 ment, including at least 1 public hearing; and

7 ‘‘(C) not less than 30 days prior to formal

8 action—

9 ‘‘(i) publish notice of the action in a

10 newspaper of general circulation; and

11 ‘‘(ii) notify the Governor, adjoining

12 local governments, and any adjoining In13 dian tribes.

14 ‘‘(c) DESIGNATION OF AFFECTED LOCAL GOVERN15 MENT.—Not later than 90 days after the date of enact16 ment of this section, the Governor of each State shall, for

17 the purpose of this section, designate the type of political

18 subdivision of the State that shall serve as the affected

19 local government with respect to authorizing a facility to

20 accept for treatment, incineration, or disposal of municipal

21 solid waste generated outside of the State. If the Governor

22 of a State fails to make a designation by the date specified

23 in this subsection, the affected local government shall be

24 the public body with primary jurisdiction over the land or

25 use of the land on which the facility is located.
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1 ‘‘(d) DEFINITIONS.—As used in this section:

2 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—The

3 term ‘affected local government’ means the elected

4 officials of the political subdivision of the State in

5 which a facility for the treatment, incineration, or

6 disposal of municipal solid waste is located (as des7 ignated by the State pursuant to subsection (c)).

8 ‘‘(2) AFFECTED LOCAL SOLID WASTE PLAN9 NING UNIT.—The term ‘affected local solid waste

10 planning unit’ means a planning unit established

11 pursuant to State law that has—

12 ‘‘(A) jurisdiction over the geographic area

13 in which a facility referred to in paragraph (1)

14 is located; and

15 ‘‘(B) authority relating to solid waste man16 agement planning.

17 ‘‘(3) GOVERNOR.—The term ‘Governor’ means

18 the Governor of a State or the equivalent official of

19 the State if the State does not have a Governor.

20 ‘‘(4) MUNICIPAL SOLID WASTE.—

21 ‘‘(A) IN GENERAL.—The term ‘municipal

22 solid waste’ means refuse, and any

23 nonhazardous residue generated from the com24 bustion of the refuse, generated by—

25 ‘‘(i) the general public; or
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1 ‘‘(ii) a residential, commercial, or in2 dustrial source (or any combination of the

3 sources).

4 ‘‘(B) COMPOSITION.—The term includes

5 refuse that consists of paper, wood, yard waste,

6 plastic, leather, rubber, or other combustible or

7 noncombustible material such as metal or glass

8 (or any combination of the materials).

9 ‘‘(C) EXCLUSIONS.—The term does not in10 clude—

11 ‘‘(i) hazardous waste identified pursu12 ant to section 3001;

13 ‘‘(ii) waste resulting from an action

14 taken pursuant to section 104 or 106 of

15 the Comprehensive Environmental Re16 sponse, Compensation, and Liability Act of

17 1980 (42 U.S.C. 9604 or 9606);

18 ‘‘(iii) any material collected for the

19 purpose of recycling or reclamation;

20 ‘‘(iv) waste generated in the provision

21 of service in interstate, intrastate, foreign,

22 or overseas air transportation;

23 ‘‘(v) industrial waste (including debris

24 from construction or demolition) that is

25 not identical to municipal solid waste in
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1 composition and physical and chemical

2 characteristics; and

3 ‘‘(vi) medical waste that is segregated

4 from municipal solid waste.’’.

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