II

103D CONGRESS

2D SESSION S. 1873

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

disposal of out-of-State municipal and industrial waste in States, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 25 (legislative day, FEBRUARY 22), 1994

Mr. DORGAN 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 permit Governors

to limit the disposal of out-of-State municipal and industrial waste in 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 and Industrial Waste Act of 1994’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL AND

2 INDUSTRIAL 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 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL

7 AND INDUSTRIAL WASTE.

8 ‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE MU9 NICIPAL AND INDUSTRIAL WASTE.—

10 ‘‘(1) IN GENERAL.—

11 ‘‘(A) PROHIBITION ON DISPOSAL.—Except

12 as provided in subsection (b), if requested in

13 writing by both an affected local government

14 and (if a local solid waste planning unit exists

15 under State law) an affected local solid waste

16 planning unit, the Governor of a State may pro17 hibit the disposal of out-of-State municipal and

18 industrial waste in any landfill or incinerator

19 that is subject to the jurisdiction of the Gov20 ernor or the affected local government.

21 ‘‘(B) PROCEDURE.—Prior to submitting a

22 request under this section, the affected local

23 government and solid waste planning unit

24 shall—
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1 ‘‘(i) provide notice and opportunity for

2 public comment concerning any proposed

3 request; and

4 ‘‘(ii) following notice and comment,

5 take formal action on any proposed request

6 at a public meeting.

7 ‘‘(2) EXCEPTIONS.—Beginning with calendar

8 year 1994, in the case of landfills covered by the ex9 ceptions provided in subsection (b), the Governor of

10 a State may—

11 ‘‘(A) notwithstanding the absence of a re12 quest in writing by the affected local govern13 ment and the affected local solid waste planning

14 unit, if any—

15 ‘‘(i) limit the quantity of out-of-State

16 municipal and industrial waste received for

17 disposal at each landfill of the landfills in

18 the State to an annual quantity equal to

19 the quantity of out-of-State municipal and

20 industrial waste received for disposal at

21 the landfill during the calendar year 1992

22 or 1993, whichever is less; and

23 ‘‘(ii) limit the disposal of out-of-State

24 municipal and industrial waste at the land25 fills that received, during calendar year
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1 1992, documented shipments of more than

2 50,000 tons of out-of-State municipal and

3 industrial waste representing more than 30

4 percent of all municipal waste and indus5 trial waste received at the landfill during

6 the calendar year, by prohibiting at each

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

8 quantity of out-of-State municipal and in9 dustrial waste that is greater than 30 per10 cent of all municipal and industrial waste

11 received at the landfill during calendar

12 year 1992; and

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

14 local government and the affected local solid

15 waste planning unit, if any, prohibit the dis16 posal of out-of-State municipal and industrial

17 waste in a landfill cell in any of the landfills

18 that does not meet the design and location

19 standards and leachate collection and ground

20 water monitoring requirements under the laws

21 of the State (including regulations) in effect on

22 January 1, 1994, for new landfills.

23 ‘‘(3) ADDITIONAL LIMITATIONS.—In addition to

24 the authorities provided in paragraph (1)(A), begin25 ning with calendar year 1997, the Governor of a
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1 State, if requested in writing by the affected local

2 government and the affected local solid waste plan3 ning unit, if any, may further limit the disposal of

4 out-of-State municipal and industrial waste as pro5 vided in paragraph (2)(A)(ii) by reducing the 30

6 percent annual quantity limitation to 20 percent in

7 each of calendar years 1998 and 1999, and to 10

8 percent in each succeeding calendar year.

9 ‘‘(4) APPLICATION OF LIMITATIONS.—

10 ‘‘(A) IN GENERAL.—Any limitation im11 posed by the Governor of a State under para12 graph (2)(A)—

13 ‘‘(i) shall be applicable throughout the

14 State;

15 ‘‘(ii) shall not discriminate against

16 any particular landfill within the State;

17 and

18 ‘‘(iii) shall not discriminate against

19 any shipments of out-of-State municipal

20 and industrial waste on the basis of State

21 of origin.

22 ‘‘(B) RESPONSE TO REQUESTS BY AF23 FECTED LOCAL GOVERNMENTS.—In responding

24 to requests by affected local governments under

25 paragraphs (1)(A) and (2)(B), the Governor of
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1 a State shall respond in a manner that does not

2 discriminate against any particular landfill

3 within the State and does not discriminate

4 against any shipments of out-of-State municipal

5 and industrial waste on the basis of State of

6 origin.

7 ‘‘(5) PROCEDURE FOR EXERCISING AUTHOR8 ITY.—

9 ‘‘(A) INFORMATION FROM GOVERNOR DOC10 UMENTING QUANTITY OF WASTE.—The Gov11 ernor of a State who intends to exercise the au12 thority provided in this paragraph shall, not

13 later than 120 days after the date of enactment

14 of this section, submit to the Administrator in15 formation documenting the quantity of out-of16 State municipal and industrial waste received

17 for disposal in the State of the Governor during

18 each of calendar years 1992 and 1993.

19 ‘‘(B) NOTICE AND COMMENT.—On receipt

20 of the information submitted pursuant to sub21 paragraph (A), the Administrator shall notify

22 the Governor of each State and the public and

23 shall provide a comment period of not less than

24 30 days.
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1 ‘‘(C) DETERMINATION BY ADMINISTRATOR

2 CONCERNING QUANTITY OF WASTE.—Not later

3 than 60 days after receipt of information from

4 the Governor of a State under subparagraph

5 (A), the Administrator shall determine the

6 quantity of out-of-State municipal and indus7 trial waste that was received at each landfill

8 covered by the exceptions provided in subsection

9 (b) for disposal in the State of the Governor

10 during calendar years 1992 and 1993, and pro11 vide notice of the determination to the Governor

12 of each State. A determination by the Adminis13 trator under this subparagraph shall be final

14 and not subject to judicial review.

15 ‘‘(D) PUBLICATION OF QUANTITY OF

16 WASTE.—Not later than 180 days after the

17 date of enactment of this section, the Adminis18 trator shall publish a list of the quantity of out19 of-State municipal and industrial waste that

20 was received during each of calendar years

21 1992 and 1993 at each landfill covered by the

22 exceptions provided in subsection (b) for dis23 posal in each State in which the Governor of

24 the State intends to exercise the authority pro-
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1 vided in this paragraph, as determined in ac2 cordance with subparagraph (C).

3 ‘‘(6) DESIGNATION OF AFFECTED LOCAL GOV4 ERNMENT.—

5 ‘‘(A) IN GENERAL.—Not later than 90

6 days after the date of the enactment of this sec7 tion, the Governor of each State shall designate

8 which entity listed in subsection (c)(1) shall

9 serve as the affected local government for ac10 tions taken under this section.

11 ‘‘(B) FAILURE TO MAKE DESIGNATION.—If

12 the Governor of a State fails to make a des13 ignation, the affected local government of the

14 State shall be the city, town, borough, county,

15 parish, or other public body created pursuant to

16 the law of the State with primary jurisdiction

17 over the land or the use of land on which the

18 facility is located.

19 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

20 OUT-OF-STATE MUNICIPAL AND INDUSTRIAL WASTE.—

21 The authority to prohibit the disposal of out-of-State mu22 nicipal and industrial waste provided under subsection

23 (a)(1) shall not apply to—

24 ‘‘(1) landfills in operation on the date of enact25 ment of this section that—
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1 ‘‘(A) received during calendar year 1992

2 documented shipments of out-of-State munici3 pal and industrial waste; and

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

5 State laws (including any State rule or regula6 tion) relating to design and location standards,

7 leachate collection, ground water monitoring,

8 and financial assurance for closure and post9 closure and corrective action;

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

11 1994, received—

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

13 government to receive municipal waste and in14 dustrial waste generated outside the county or

15 the State in which the landfill is located; and

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

17 grant a construction permit; or

18 ‘‘(3) incinerators in operation on the date of en19 actment of this section that—

20 ‘‘(A) received, during calendar year 1992,

21 documented shipments of out-of-State munici22 pal and industrial waste;

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

24 requirements of section 129 of the Clean Air

25 Act (42 U.S.C. 7429); and
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1 ‘‘(C) are in compliance with all applicable

2 State laws (including any State rule or regula3 tion) relating to facility design and operations.

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

5 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—Subject

6 to subsection (a)(6), the term ‘affected local govern7 ment’, with respect to a landfill or incinerator,

8 means the elected officials of the city, town, bor9 ough, county, or parish in which the facility is lo10 cated.

11 ‘‘(2) AFFECTED LOCAL SOLID WASTE PLAN12 NING UNIT.—The term ‘affected local solid waste

13 planning unit’ means a political subdivision of a

14 State with authority relating to solid waste manage15 ment planning in accordance with State law.

16 ‘‘(3) INDUSTRIAL WASTE.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B), the term ‘industrial waste’

19 means refuse (and refuse-derived fuel) gen20 erated by an industrial source, consisting of

21 paper, wood, yard wastes, plastics, leather, rub22 ber, or other combustible or noncombustible

23 materials such as metal or glass, or any com24 bination thereof.
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1 ‘‘(B) EXCEPTIONS.—The term ‘industrial

2 waste’ does not include—

3 ‘‘(i) any solid waste identified or listed

4 as a hazardous waste under section 3001;

5 ‘‘(ii) any solid waste, including con6 taminated soil and debris, resulting from a

7 response action taken under section 104 or

8 106 of the Comprehensive Environmental

9 Response, Compensation, and Liability Act

10 (42 U.S.C. 9604 or 9606) or a corrective

11 action taken under this Act;

12 ‘‘(iii) any metal, pipe, glass, plastic,

13 paper, textile, or other material that has

14 been separated or diverted from industrial

15 waste and has been transported into the

16 State for the purpose of recycling or rec17 lamation;

18 ‘‘(iv) any solid waste that is—

19 ‘‘(I) generated by an industrial

20 facility; and

21 ‘‘(II) transported for the purpose

22 of treatment, storage, or disposal to a

23 facility that is owned or operated by

24 the generator of the waste, or is lo25 cated on property owned by the gener-
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1 ator or a company with which the

2 generator is affiliated;

3 ‘‘(v) any solid waste generated inci4 dent to the provision of service in inter5 state, intrastate, foreign, or overseas air

6 transportation;

7 ‘‘(vi) any medical waste that is seg8 regated from or not mixed with industrial

9 waste; or

10 ‘‘(vii) any material or product re11 turned from a dispenser or distributor to

12 the manufacturer for credit, evaluation, or

13 possible reuse.

14 ‘‘(4) MUNICIPAL WASTE.—

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

16 waste’ means refuse (and refuse-derived fuel)

17 generated by the general public or from a resi18 dential, commercial, or institutional source, or

19 any combination thereof, consisting of paper,

20 wood, yard wastes, plastics, leather, rubber, or

21 other combustible or noncombustible materials

22 such as metal or glass, or any combination

23 thereof.

24 ‘‘(B) EXCEPTIONS.—The term ‘municipal

25 waste’ does not include—
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1 ‘‘(i) any solid waste identified or listed

2 as a hazardous waste under section 3001;

3 ‘‘(ii) any solid waste, including con4 taminated soil and debris, resulting from a

5 response action taken under section 104 or

6 106 of the Comprehensive Environmental

7 Response, Compensation, and Liability Act

8 (42 U.S.C. 9604 or 9606) or a corrective

9 action taken under this Act;

10 ‘‘(iii) any metal, pipe, glass, plastic,

11 paper, textile, or other material that has

12 been separated or diverted from municipal

13 waste and has been transported into the

14 State for the purpose of recycling or rec15 lamation;

16 ‘‘(iv) any solid waste generated inci17 dent to the provision of service in inter18 state, intrastate, foreign, or overseas air

19 transportation;

20 ‘‘(v) any medical waste that is seg21 regated from or not mixed with municipal

22 waste; or

23 ‘‘(vi) any material or product returned

24 from a dispenser or distributor to the man-
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1 ufacturer for credit, evaluation, or possible

2 reuse.

3 ‘‘(5) OUT-OF-STATE MUNICIPAL AND INDUS4 TRIAL WASTE.—With respect to a State, the term

5 ‘out-of-State municipal and industrial waste’ means

6 municipal waste and industrial waste generated out7 side of the State. To the extent that it is consistent

8 with the United States-Canada Free Trade Agree9 ment, the North American Free Trade Agreement,

10 and the General Agreement on Tariffs and Trade,

11 the term shall include municipal waste and indus12 trial waste generated outside of the United States.’’.

13 SEC. 3. TABLE OF CONTENTS AMENDMENT.

14 The table of contents in section 1001 of the Solid

15 Waste Disposal Act (42 U.S.C. prec. 6901) is amended

16 by adding at the end of the items relating to subtitle D

17 the following new item:

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

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