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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2345 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2345

_______________________________________________________________________

                                 AN ACT

 To amend the Solid Waste Disposal Act to provide authority for States 
 to limit the interstate transportation of municipal solid waste, and 
                          for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2345

_______________________________________________________________________

                                 AN ACT

 
 To amend the Solid Waste Disposal Act to provide authority for States 
 to limit the interstate transportation of municipal solid waste, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Transportation of 
Municipal Solid Waste Act of 1994''.

SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
is amended by adding at the end the following new section:

          ``interstate transportation of municipal solid waste

    ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Solid 
Waste.--(1) Except as provided in paragraph (4), immediately upon the 
date of enactment of this section if requested in writing by an 
affected local government, a Governor may prohibit the disposal of out-
of-State municipal solid waste in any landfill or incinerator that is 
not covered by the exceptions provided in subsection (b) and that is 
subject to the jurisdiction of the Governor and the affected local 
government.
    ``(2) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(D) and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
limit the quantity of out-of-State municipal solid waste received for 
disposal at each landfill or incinerator covered by the exceptions 
provided in subsection (b) that is subject to the jurisdiction of the 
Governor, to an annual amount equal to the quantity of out-of-State 
municipal solid waste received for disposal at such landfill or 
incinerator during calendar year 1993.
    ``(3)(A) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(E), and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
prohibit the disposal of out-of-State municipal solid waste, at any 
landfill or incinerator covered by the exceptions in subsection (b) 
that is subject to the jurisdiction of the Governor, generated in any 
State that is determined by the Administrator under paragraph (6)(E) as 
having exported, to landfills or incinerators not covered by host 
community agreements, more than--
            ``(i) 3.5 million tons of municipal solid waste in calendar 
        year 1995;
            ``(ii) 3.0 million tons of municipal solid waste in each of 
        calendar years 1996 and 1997;
            ``(iii) 2.5 million tons of municipal solid waste in each 
        of calendar years 1998 and 1999;
            ``(iv) 1.5 million tons of municipal solid waste in each of 
        calendar years 2000 and 2001; and
            ``(v) 1.0 million tons of municipal solid waste in calendar 
        year 2002 and each year thereafter.
    ``(B) No State may export more than 1.4 million tons of municipal 
solid waste to any one State in calendar year 1995 or 90 percent of the 
1993 levels exported to a State, whichever is greater, 1.3 million tons 
in 1996 or 90 percent of the 1995 levels exported to a State, whichever 
is greater, 1.2 million tons in 1997 or 90 percent of the 1996 levels 
exported to a State, whichever is greater, 1.1 million tons in 1998 or 
90 percent of the 1997 levels exported to a State, whichever is 
greater, 1 million tons in 1999, 800,000 tons in 2000, and 600,000 tons 
in 2001 and each year thereafter, to landfills or incinerators not 
covered by host community agreements. Governors of importing States may 
restrict levels of imports to reflect the appropriate level of out-of-
State municipal solid waste imports if--
            ``(i) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator 12 months 
        prior to enforcement of the importing State's intention to 
        impose the requirements of this section;
            ``(ii) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator of the 
        violation by the exporting State of this section at least 90 
        days prior to the enforcement of this section; and
            ``(iii) the restrictions imposed by the Governor of the 
        importing State must be uniform at all facilities.
    ``(C) The authority provided by subparagraphs (A) and (B) shall 
apply for as long as a State exceeds the permissible levels as 
determined by the Administrator under paragraph (6)(E).
    ``(4)(A) A Governor may not exercise the authority granted under 
this section if such action would result in the violation of, or would 
otherwise be inconsistent with, the terms of a host community agreement 
or a permit issued from the State to receive out-of-State municipal 
solid waste.
    ``(B) Except as provided in paragraph (3), a Governor may not 
exercise the authority granted under this section in a manner that 
would require any owner or operator of a landfill or incinerator 
covered by the exceptions provided in subsection (b) to reduce the 
amount of out-of-State municipal solid waste received from any State 
for disposal at such landfill or incinerator to an annual quantity less 
than the amount received from such State for disposal at such landfill 
or incinerator during calendar year 1993.
    ``(5) Any limitation imposed by a Governor under paragraph (2) or 
(3)--
            ``(A) shall be applicable throughout the State;
            ``(B) shall not directly or indirectly discriminate against 
        any particular landfill or incinerator within the State; and
            ``(C) shall not directly or indirectly discriminate against 
        any shipments of out-of-State municipal solid waste on the 
        basis of State of origin and all such limitations shall be 
        applied to all States in violation of paragraph (3).
    ``(6)(A)(i) Any Governor who intends to exercise the authority 
provided in paragraph (2) or (3) shall, within 120 days after the date 
of enactment of this section, and on the same day of each year 
thereafter, submit to the Administrator information documenting the 
State of origin and the quantity of out-of-State municipal solid waste 
received for disposal at landfills and incinerators covered by the 
exceptions provided in subsection (b) in the State of such Governor 
during calendar year 1993.
    ``(ii) The Administrator is authorized and directed to collect such 
additional information in addition to what is submitted under clause 
(i) as may be necessary to determine if the level of exports of 
municipal solid waste by any State exceeds the level established in 
subparagraph (A) or (B) of paragraph (3).
    ``(B) On receipt of the information submitted or collected pursuant 
to subparagraph (A), the Administrator shall notify the Governor of 
each such State and the Governors of States with exports that exceed 
the level of exports of municipal solid waste established in 
subparagraph (A) or (B) of paragraph (3) and shall publish notice and 
shall provide a comment period of not less than 30 days.
    ``(C) Not later than 60 days after receipt of information from a 
Governor, and any additional information obtained by the Administrator, 
under subparagraph (A), the Administrator shall determine the quantity 
of out-of-State municipal solid waste that was received for disposal in 
the State during calendar year 1993, the State of origin and the total 
amount of municipal solid waste exports from each State that exceeds 
the level established in subparagraph (A) or (B) of paragraph (3), and 
the quantity of out-of-State municipal solid waste received for 
disposal at landfills and incinerators covered by the exceptions 
provided in subsection (b) in the State of such Governor during 
calendar year 1993. The Administrator shall publish a public notice and 
shall provide direct notification to each of the Governors of all 
States affected by this determination, for each such State for which 
the determination is made. A determination by the Administrator under 
this subparagraph shall be final and not subject to judicial review.
    ``(D) Not later than 180 days after the date of enactment of this 
section, the Administrator shall publish a list of the quantity of out-
of-State municipal solid waste that was received during calendar year 
1993 at each landfill and incinerator covered by the exceptions 
provided in subsection (b) for disposal in each State in which the 
Governor intends to exercise the authority provided in paragraph (2) or 
(3), as determined in accordance with subparagraph (C).
    ``(E) Not later than March 1, 1996, and on March 1 of each year 
thereafter, the Administrator shall publish a list of States that the 
Administrator has determined have exported out of State an amount of 
municipal solid waste in excess of 3.5 million tons in calendar year 
1995, 3.0 million tons in each of calendar years 1996 and 1997, 2.5 
million tons in each of calendar years 1998 and 1999, 1.5 million tons 
in each of calendar years 2000 and 2001, and 1.0 million tons in 
calendar year 2002 and each year thereafter, as determined in 
accordance with subparagraph (C).
    ``(F) Not later than March 1 of each year after the date of 
enactment of this section, or as required by State law, the owner or 
operator of each landfill or incinerator receiving out-of-State 
municipal solid waste shall submit to the Governor of the State in 
which the landfill or incinerator is located information specifying, by 
State of origin, the amount of out-of-State municipal solid waste 
received for disposal during the preceding year. Each year the Governor 
of a State who intends to exercise the authority provided in paragraph 
(2) or (3) shall publish and make available to the public a report 
containing information on the amount of out-of-State municipal solid 
waste received for disposal in the State during the preceding year.
    ``(7) Any affected local government that intends to submit a 
request under paragraph (1) or take formal action on a host community 
agreement shall, prior to taking such action--
            ``(A) notify the Governor, contiguous local governments, 
        and any contiguous Indian tribes;
            ``(B) publish notice of the action in a newspaper of 
        general circulation at least 30 days before taking such action;
            ``(C) provide an opportunity for public comment; and
            ``(D) following notice and comment, take formal action on 
        any proposed request or action at a public meeting.
    ``(8) Any owner or operator seeking a host community agreement 
shall provide to the affected local government the following 
information, which shall be made available to the public from the 
affected local government:
            ``(A) A brief description of the planned facility, 
        including a description of the facility size, ultimate waste 
        capacity, and anticipated monthly and yearly waste quantities 
        to be handled.
            ``(B) A map of the facility site that indicates the 
        location of the facility in relation to the local road system 
        and topographical and hydrological features and any buffer 
        zones and facility units to be acquired by the owner or 
        operator of the facility.
            ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.
            ``(D) A description of environmental controls to be 
        utilized at the facility.
            ``(E) A description of the site access controls to be 
        employed, and roadway improvements to be made, by the owner or 
        operator, and an estimate of the timing and extent of increased 
        local truck traffic.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not 
apply to landfills and incinerators in operation on the date of 
enactment of this section that--
            ``(A) received during calendar year 1993 documented 
        shipments of out-of-State municipal solid waste; and
            ``(B)(i) in the case of landfills, are in compliance with 
        all applicable Federal and State laws and regulations relating 
        to operation, design and location standards, leachate 
        collection, ground water monitoring, and financial assurance 
        for closure and post-closure and corrective action; or
            ``(ii) in the case of incinerators, are in compliance with 
        the applicable requirements of section 129 of the Clean Air Act 
        (42 U.S.C. 7429) and applicable State laws and regulations 
        relating to facility design and operations.
    ``(2) A Governor may not prohibit the disposal of out-of-State 
municipal solid waste pursuant to subsection (a)(1) at facilities 
described in this subsection that are not in compliance with applicable 
Federal and State laws and regulations unless disposal of municipal 
solid waste generated within the State at such facilities is also 
prohibited.
    ``(c) Additional Authority To Limit Out-of-State Municipal Solid 
Waste.--(1) In any case in which an affected local government is 
considering entering into, or has entered into, a host community 
agreement and the disposal or incineration of out-of-State municipal 
solid waste under such agreement would preclude the use of municipal 
solid waste management capacity described in paragraph (2), the 
Governor of the State in which the affected local government is located 
may prohibit the execution of such host community agreement with 
respect to that capacity.
    ``(2) The municipal solid waste management capacity referred to in 
paragraph (1) is that capacity--
            ``(A) that is permitted under Federal or State law;
            ``(B) that is identified under the State plan; and
            ``(C) for which a legally binding commitment between the 
        owner or operator and another party has been made for its use 
        for disposal or incineration of municipal solid waste generated 
        within the region (identified under section 4006(a)) in which 
        the local government is located.
    ``(d) Savings Clause.--Nothing in this section shall be interpreted 
or construed--
            ``(1) to have any effect on State law relating to 
        contracts; or
            ``(2) to affect the authority of any State or local 
        government to protect public health and the environment through 
        laws, regulations, and permits, including the authority to 
        limit the total amount of municipal solid waste that landfill 
        or incinerator owners or operators within the jurisdiction of a 
        State may accept during a prescribed period, provided that such 
        limitations do not discriminate between in-State and out-of-
        State municipal solid waste, except to the extent authorized by 
        this section.
    ``(e) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', used with 
        respect to a landfill or incinerator, means--
                    ``(i) the public body created by State law with 
                responsibility to plan for municipal solid waste 
                management, a majority of the members of which are 
                elected officials, for the area in which the facility 
                is located or proposed to be located; or
                    ``(ii) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which the 
                facility is located or is proposed to be located.
            ``(B)(i) Within 90 days after the date of enactment of this 
        section, a Governor may designate and publish notice of which 
        entity listed in clause (i) or (ii) of subparagraph (A) shall 
        serve as the affected local government for actions taken under 
        this section and after publication of such notice.
            ``(ii) If a Governor fails to make such a designation, the 
        affected local government shall be the elected officials of the 
        city, town, township, borough, county, parish, or other public 
        body created pursuant to State law with primary jurisdiction 
        over the land or the use of land on which the facility is 
        located or is proposed to be located.
            ``(C) For purposes of host community agreements entered 
        into before the date of publication of the notice, the term 
        means either a public body described in subparagraph (A)(i) or 
        the elected officials of any of the public bodies described in 
        subparagraph (A)(ii).
            ``(2)(A) The term `host community agreement' means, with 
        respect to any agreement entered into on or after June 23, 
        1994, a written, legally binding document or documents executed 
        by duly authorized officials of the affected local government 
        that expressly authorizes a landfill or incinerator to receive 
        specified amounts of municipal solid waste generated out of 
        State.
            ``(B) The term `host community agreement' means, with 
        respect to any agreement entered into before June 23, 1994, a 
        written, legally binding document or documents executed by duly 
        authorized officials of the affected local government expressly 
        authorizing a landfill or incinerator to receive municipal 
        solid waste generated out of State, but does not include any 
        agreement to pay host community fees for receipt of waste 
        unless additional express authorization to receive out-of-State 
        municipal solid waste is also included. For purposes of a host 
        community agreement entered into before June 23, 1994, such 
        agreement may use a term other than `out-of-State', provided 
        that any alternative term or terms evidence the approval or 
        consent of the affected local government for receipt of 
        municipal solid waste from sources or locations outside the 
        State in which the landfill or incinerator is located or is 
        proposed to be located.
            ``(3) The term `out-of-State municipal solid waste' means, 
        with respect to any State, municipal solid waste generated 
        outside of the State. To the extent that the President 
        determines it is consistent with the North American Free Trade 
        Agreement and the General Agreement on Tariffs and Trade, the 
        term shall include municipal solid waste generated outside of 
        the United States.
            ``(4) The term `municipal solid waste' means refuse (and 
        refuse-derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial source 
        (or any combination thereof), consisting of paper, wood, yard 
        wastes, plastics, leather, rubber, or other combustible or 
        noncombustible materials such as metal or glass (or any 
        combination thereof). The term `municipal solid waste' does not 
        include--
                    ``(A) any solid waste identified or listed as a 
                hazardous waste under section 3001, or any solid waste 
                containing polychlorinated biphenyls regulated under 
                the Toxic Substances Control Act (15 U.S.C. 2601 et 
                seq.);
                    ``(B) any solid waste, including contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9604 or 9606) or a corrective action 
                taken under this Act;
                    ``(C) any metal, pipe, glass, plastic, paper, 
                textile, or other material that has been separated or 
                diverted from municipal solid waste (as otherwise 
                defined in this paragraph) and has been transported 
                into a State for the purpose of recycling or 
                reclamation;
                    ``(D) any solid waste that is--
                            ``(i) generated by an industrial facility; 
                        and
                            ``(ii) transported for the purpose of 
                        treatment, storage, or disposal to a facility 
                        that is owned or operated by the generator of 
                        the waste, or is located on property owned by 
                        the generator of the waste, or is located on 
                        property owned by a company with which the 
                        generator is affiliated;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal solid waste (as otherwise defined in this 
                paragraph) with respect to the physical and chemical 
                state of the industrial waste, and composition, 
                including construction and demolition debris;
                    ``(G) any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph); or
                    ``(H) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `compliance' means a pattern or practice of 
        adhering to and satisfying standards and requirements 
        promulgated by the Federal or a State government for the 
        purpose of preventing significant harm to human health and the 
        environment. Actions undertaken in accordance with compliance 
        schedules for remediation established by Federal or State 
        enforcement authorities shall be considered compliance for 
        purposes of this section.''.

SEC. 3. TABLE OF CONTENTS AMENDMENT.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items 
relating to subtitle D the following new item:

``Sec. 4011. Interstate transportation of municipal solid waste.''.

            Passed the Senate September 30 (legislative day, September 
      12), 1994.

            Attest:

                                                             Secretary.

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