Calendar No. 537

103D CONGRESS

2D SESSION S. 2345

[Report No. 103–322]

A BILL

To amend the Solid Waste Disposal Act to provide

purposes.portation of municipal solid waste, and for otherauthority for States to limit the interstate transAUGUST 1 (legislative day, JULY 20), 1994

Placed on the Calendar
II

Calendar No. 537

103D CONGRESS

2D SESSION S. 2345

[Report No. 103–322]

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.

IN THE SENATE OF THE UNITED STATES

AUGUST 1 (legislative day, JULY 20), 1994

Mr. BAUCUS, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the

calendar

A BILL

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.

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 Solid Waste Act of 1994’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL

2 SOLID 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 ‘‘INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID

7 WASTE

8 ‘‘SEC. 4011. (a) AUTHORITY TO RESTRICT OUT-OF9 STATE MUNICIPAL SOLID WASTE.—(1) Except as pro10 vided in paragraph (4), immediately upon the date of en11 actment of this section if requested in writing by an af12 fected local government, a Governor may prohibit the dis13 posal of out-of-State municipal solid waste in any landfill

14 or incinerator that is not covered by the exceptions pro15 vided in subsection (b) and that is subject to the jurisdic16 tion of the Governor and the affected local government.

17 ‘‘(2) Except as provided in paragraph (4), imme18 diately upon the date of publication of the list required

19 in paragraph (6)(D) and notwithstanding the absence of

20 a request in writing by the affected local government, a

21 Governor, in accordance with paragraph (5), may limit the

22 quantity of out-of-State municipal solid waste received for

23 disposal at each landfill or incinerator covered by the ex24 ceptions provided in subsection (b) that is subject to the

25 jurisdiction of the Governor, to an annual amount equal

26 to the quantity of out-of-State municipal solid waste re-
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1 ceived for disposal at such landfill or incinerator during

2 calendar year 1993.

3 ‘‘(3)(A) Except as provided in paragraph (4), imme4 diately upon the date of publication of the list required

5 in paragraph (6)(E), and notwithstanding the absence of

6 a request in writing by the affected local government, a

7 Governor, in accordance with paragraph (5), may prohibit

8 the disposal of out-of-State municipal solid waste, at any

9 landfill or incinerator covered by the exceptions in sub10 section (b) that is subject to the jurisdiction of the Gov11 ernor, generated in any State that is determined by the

12 Administrator under paragraph (6)(E) as having ex13 ported, to landfills or incinerators not covered by host

14 community agreements, more than—

15 ‘‘(i) 3.5 million tons of municipal solid waste in

16 calendar year 1995;

17 ‘‘(ii) 3.0 million tons of municipal solid waste in

18 each of calendar years 1996 and 1997;

19 ‘‘(iii) 2.5 million tons of municipal solid waste

20 in each of calendar years 1998 and 1999;

21 ‘‘(iv) 1.5 million tons of municipal solid waste

22 in each of calendar years 2000 and 2001; and

23 ‘‘(v) 1.0 million tons of municipal solid waste in

24 calendar year 2002 and each year thereafter.
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1 ‘‘(B) No State may export more than 1.4 million tons

2 of municipal solid waste to any one State in calendar year

3 1995 or 90 percent of the 1993 levels exported to a State,

4 whichever is greater, 1.3 million tons in 1996 or 90 per5 cent of the 1995 levels exported to a State, whichever is

6 greater, 1.2 million tons in 1997 or 90 percent of the 1996

7 levels exported to a State, whichever is greater, 1.1 million

8 tons in 1998 or 90 percent of the 1997 levels exported

9 to a State, whichever is greater, 1 million tons in 1999,

10 800,000 tons in 2000, and 600,000 tons in 2001 and each

11 year thereafter, to landfills or incinerators not covered by

12 host community agreements. Governors of importing

13 States may restrict levels of imports to reflect the appro14 priate level of out-of-State municipal solid waste imports

15 if—

16 ‘‘(i) the Governor of the importing State has

17 notified the Governor of the exporting State and the

18 Administrator 12 months prior to enforcement of

19 the importing State’s intention to impose the re20 quirements of this section;

21 ‘‘(ii) the Governor of the importing State has

22 notified the Governor of the exporting State and the

23 Administrator of the violation by the exporting State

24 of this section at least 90 days prior to the enforce25 ment of this section; and
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1 ‘‘(iii) the restrictions imposed by the Governor

2 of the importing State must be uniform at all facili3 ties.

4 ‘‘(C) The authority provided by subparagraphs (A)

5 and (B) shall apply for as long as a State exceeds the

6 permissible levels as determined by the Administrator

7 under paragraph (6)(E).

8 ‘‘(4)(A) A Governor may not exercise the authority

9 granted under this section if such action would result in

10 the violation of, or would otherwise be inconsistent with,

11 the terms of a host community agreement or a permit is12 sued from the State to receive out-of-State municipal solid

13 waste.

14 ‘‘(B) Except as provided in paragraph (3), a Gov15 ernor may not exercise the authority granted under this

16 section in a manner that would require any owner or oper17 ator of a landfill or incinerator covered by the exceptions

18 provided in subsection (b) to reduce the amount of out19 of-State municipal solid waste received from any State for

20 disposal at such landfill or incinerator to an annual quan21 tity less than the amount received from such State for dis22 posal at such landfill or incinerator during calendar year

23 1993.

24 ‘‘(5) Any limitation imposed by a Governor under

25 paragraph (2) or (3)—
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1 ‘‘(A) shall be applicable throughout the State;

2 ‘‘(B) shall not directly or indirectly discriminate

3 against any particular landfill or incinerator within

4 the State; and

5 ‘‘(C) shall not directly or indirectly discriminate

6 against any shipments of out-of-State municipal

7 solid waste on the basis of State of origin and all

8 such limitations shall be applied to all States in vio9 lation of paragraph (3).

10 ‘‘(6)(A)(i) Any Governor who intends to exercise the

11 authority provided in paragraph (2) or (3) shall, within

12 120 days after the date of enactment of this section, and

13 on the same day of each year thereafter, submit to the

14 Administrator information documenting the State of ori15 gin and the quantity of out-of-State municipal solid waste

16 received for disposal at landfills and incinerators covered

17 by the exceptions provided in subsection (b) in the State

18 of such Governor during calendar year 1993.

19 ‘‘(ii) The Administrator is authorized and directed to

20 collect such additional information in addition to what is

21 submitted under clause (i) as may be necessary to deter22 mine if the level of exports of municipal solid waste by

23 any State exceeds the level established in subparagraph

24 (A) or (B) of paragraph (3).
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1 ‘‘(B) On receipt of the information submitted or col2 lected pursuant to subparagraph (A), the Administrator

3 shall notify the Governor of each such State and the Gov4 ernors of States with exports that exceed the level of ex5 ports of municipal solid waste established in subparagraph

6 (A) or (B) of paragraph (3) and shall publish notice and

7 shall provide a comment period of not less than 30 days.

8 ‘‘(C) Not later than 60 days after receipt of informa9 tion from a Governor, and any additional information ob10 tained by the Administrator, under subparagraph (A), the

11 Administrator shall determine the quantity of out-of-State

12 municipal solid waste that was received for disposal in the

13 State during calendar year 1993, the State of origin and

14 the total amount of municipal solid waste exports from

15 each State that exceeds the level established in subpara16 graph (A) or (B) of paragraph (3), and the quantity of

17 out-of-State municipal solid waste received for disposal at

18 landfills and incinerators covered by the exceptions pro19 vided in subsection (b) in the State of such Governor dur20 ing calendar year 1993. The Administrator shall publish

21 a public notice and shall provide direct notification to each

22 of the Governors of all States affected by this determina23 tion, for each such State for which the determination is

24 made. A determination by the Administrator under this
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1 subparagraph shall be final and not subject to judicial re2 view.

3 ‘‘(D) Not later than 180 days after the date of enact4 ment of this section, the Administrator shall publish a list

5 of the quantity of out-of-State municipal solid waste that

6 was received during calendar year 1993 at each landfill

7 and incinerator covered by the exceptions provided in sub8 section (b) for disposal in each State in which the Gov9 ernor intends to exercise the authority provided in para10 graph (2) or (3), as determined in accordance with sub11 paragraph (C).

12 ‘‘(E) Not later than March 1, 1996, and on March

13 1 of each year thereafter, the Administrator shall publish

14 a list of States that the Administrator has determined

15 have exported out of State an amount of municipal solid

16 waste in excess of 3.5 million tons in calendar year 1995,

17 3.0 million tons in each of calendar years 1996 and 1997,

18 2.5 million tons in each of calendar years 1998 and 1999,

19 1.5 million tons in each of calendar years 2000 and 2001,

20 and 1.0 million tons in calendar year 2002 and each year

21 thereafter, as determined in accordance with subpara22 graph (C).

23 ‘‘(F) Not later than March 1 of each year after the

24 date of enactment of this section, or as required by State

25 law, the owner or operator of each landfill or incinerator
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1 receiving out-of-State municipal solid waste shall submit

2 to the Governor of the State in which the landfill or incin3 erator is located information specifying, by State of origin,

4 the amount of out-of-State municipal solid waste received

5 for disposal during the preceding year. Each year the Gov6 ernor of a State who intends to exercise the authority pro7 vided in paragraph (2) or (3) shall publish and make avail8 able to the public a report containing information on the

9 amount of out-of-State municipal solid waste received for

10 disposal in the State during the preceding year.

11 ‘‘(7) Any affected local government that intends to

12 submit a request under paragraph (1) or take formal ac13 tion on a host community agreement shall, prior to taking

14 such action—

15 ‘‘(A) notify the Governor, contiguous local gov16 ernments, and any contiguous Indian tribes;

17 ‘‘(B) publish notice of the action in a news18 paper of general circulation at least 30 days before

19 taking such action;

20 ‘‘(C) provide an opportunity for public com21 ment; and

22 ‘‘(D) following notice and comment, take formal

23 action on any proposed request or action at a public

24 meeting.
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1 ‘‘(8) Any owner or operator seeking a host commu2 nity agreement shall provide to the affected local govern3 ment the following information, which shall be made avail4 able to the public from the affected local government:

5 ‘‘(A) A brief description of the planned facility,

6 including a description of the facility size, ultimate

7 waste capacity, and anticipated monthly and yearly

8 waste quantities to be handled.

9 ‘‘(B) A map of the facility site that indicates

10 the location of the facility in relation to the local

11 road system and topographical and hydrological fea12 tures and any buffer zones and facility units to be

13 acquired by the owner or operator of the facility.

14 ‘‘(C) A description of the existing environ15 mental conditions at the site, and any violations of

16 applicable laws or regulations.

17 ‘‘(D) A description of environmental controls to

18 be utilized at the facility.

19 ‘‘(E) A description of the site access controls to

20 be employed, and roadway improvements to be

21 made, by the owner or operator, and an estimate of

22 the timing and extent of increased local truck traf23 fic.

24 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

25 OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1) The au-
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1 thority to prohibit the disposal of out-of-State municipal

2 solid waste provided under subsection (a)(1) shall not

3 apply to landfills and incinerators in operation on the date

4 of enactment of this section that—

5 ‘‘(A) received during calendar year 1993 docu6 mented shipments of out-of-State municipal solid

7 waste; and

8 ‘‘(B)(i) in the case of landfills, are in compli9 ance with all applicable Federal and State laws and

10 regulations relating to operation, design and location

11 standards, leachate collection, ground water monitor12 ing, and financial assurance for closure and post-clo13 sure and corrective action; or

14 ‘‘(ii) in the case of incinerators, are in compli15 ance with the applicable requirements of section 129

16 of the Clean Air Act (42 U.S.C. 7429) and applica17 ble State laws and regulations relating to facility de18 sign and operations.

19 ‘‘(2) A Governor may not prohibit the disposal of out20 of-State municipal solid waste pursuant to subsection

21 (a)(1) at facilities described in this subsection that are not

22 in compliance with applicable Federal and State laws and

23 regulations unless disposal of municipal solid waste gen24 erated within the State at such facilities is also prohibited.
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1 ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF2 STATE MUNICIPAL SOLID WASTE.—(1) In any case in

3 which an affected local government is considering entering

4 into, or has entered into, a host community agreement and

5 the disposal or incineration of out-of-State municipal solid

6 waste under such agreement would preclude the use of

7 municipal solid waste management capacity described in

8 paragraph (2), the Governor of the State in which the af9 fected local government is located may prohibit the execu10 tion of such host community agreement with respect to

11 that capacity.

12 ‘‘(2) The municipal solid waste management capacity

13 referred to in paragraph (1) is that capacity—

14 ‘‘(A) that is permitted under Federal or State

15 law;

16 ‘‘(B) that is identified under the State plan;

17 and

18 ‘‘(C) for which a legally binding commitment

19 between the owner or operator and another party

20 has been made for its use for disposal or inciner21 ation of municipal solid waste generated within the

22 region (identified under section 4006(a)) in which

23 the local government is located.

24 ‘‘(d) SAVINGS CLAUSE.—Nothing in this section shall

25 be interpreted or construed—
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1 ‘‘(1) to have any effect on State law relating to

2 contracts; or

3 ‘‘(2) to affect the authority of any State or local

4 government to protect public health and the environ5 ment through laws, regulations, and permits, includ6 ing the authority to limit the total amount of munic7 ipal solid waste that landfill or incinerator owners or

8 operators within the jurisdiction of a State may ac9 cept during a prescribed period, provided that such

10 limitations do not discriminate between in-State and

11 out-of-State municipal solid waste, except to the ex12 tent authorized by this section.

13 ‘‘(e) DEFINITIONS.—As used in this section:

14 ‘‘(1)(A) The term ‘affected local government’,

15 used with respect to a landfill or incinerator,

16 means—

17 ‘‘(i) the public body created by State law

18 with responsibility to plan for municipal solid

19 waste management, a majority of the members

20 of which are elected officials, for the area in

21 which the facility is located or proposed to be

22 located; or

23 ‘‘(ii) the elected officials of the city, town,

24 township, borough, county, or parish exercising

25 primary responsibility over municipal solid
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1 waste management or the use of land in the ju2 risdiction in which the facility is located or is

3 proposed to be located.

4 ‘‘(B)(i) Within 90 days after the date of enact5 ment of this section, a Governor may designate and

6 publish notice of which entity listed in clause (i) or

7 (ii) of subparagraph (A) shall serve as the affected

8 local government for actions taken under this section

9 and after publication of such notice.

10 ‘‘(ii) If a Governor fails to make such a des11 ignation, the affected local government shall be the

12 elected officials of the city, town, township, borough,

13 county, parish, or other public body created pursu14 ant to State law with primary jurisdiction over the

15 land or the use of land on which the facility is lo16 cated or is proposed to be located.

17 ‘‘(C) For purposes of host community agree18 ments entered into before the date of publication of

19 the notice, the term means either a public body de20 scribed in subparagraph (A)(i) or the elected offi21 cials of any of the public bodies described in

22 subparagraph (A)(ii).

23 ‘‘(2)(A) The term ‘host community agreement’

24 means, with respect to any agreement entered into

25 on or after June 23, 1994, a written, legally binding
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1 document or documents executed by duly authorized

2 officials of the affected local government that ex3 pressly authorizes a landfill or incinerator to receive

4 specified amounts of municipal solid waste generated

5 out of State.

6 ‘‘(B) The term ‘host community agreement’

7 means, with respect to any agreement entered into

8 before June 23, 1994, a written, legally binding doc9 ument or documents executed by duly authorized of10 ficials of the affected local government expressly au11 thorizing a landfill or incinerator to receive munici12 pal solid waste generated out of State, but does not

13 include any agreement to pay host community fees

14 for receipt of waste unless additional express author15 ization to receive out-of-State municipal solid waste

16 is also included. For purposes of a host community

17 agreement entered into before June 23, 1994, such

18 agreement may use a term other than ‘out-of-State’,

19 provided that any alternative term or terms evidence

20 the approval or consent of the affected local govern21 ment for receipt of municipal solid waste from

22 sources or locations outside the State in which the

23 landfill or incinerator is located or is proposed to be

24 located.
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1 ‘‘(3) The term ‘out-of-State municipal solid

2 waste’ means, with respect to any State, municipal

3 solid waste generated outside of the State. To the

4 extent that the President determines it is consistent

5 with the North American Free Trade Agreement

6 and the General Agreement on Tariffs and Trade,

7 the term shall include municipal solid waste gen8 erated outside of the United States.

9 ‘‘(4) The term ‘municipal solid waste’ means

10 refuse (and refuse-derived fuel) generated by the

11 general public or from a residential, commercial, in12 stitutional, or industrial source (or any combination

13 thereof), consisting of paper, wood, yard wastes,

14 plastics, leather, rubber, or other combustible or

15 noncombustible materials such as metal or glass (or

16 any combination thereof). The term ‘municipal solid

17 waste’ does not include—

18 ‘‘(A) any solid waste identified or listed as

19 a hazardous waste under section 3001, or any

20 solid waste containing polychlorinated biphenyls

21 regulated under the Toxic Substances Control

22 Act (15 U.S.C. 2601 et seq.);

23 ‘‘(B) any solid waste, including contami24 nated soil and debris, resulting from a response

25 action taken under section 104 or 106 of the
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1 Comprehensive Environmental Response, Com2 pensation, and Liability Act of 1980 (42 U.S.C.

3 9604 or 9606) or a corrective action taken

4 under this Act;

5 ‘‘(C) any metal, pipe, glass, plastic, paper,

6 textile, or other material that has been sepa7 rated or diverted from municipal solid waste (as

8 otherwise defined in this paragraph) and has

9 been transported into a State for the purpose of

10 recycling or reclamation;

11 ‘‘(D) any solid waste that is—

12 ‘‘(i) generated by an industrial facil13 ity; and

14 ‘‘(ii) transported for the purpose of

15 treatment, storage, or disposal to a facility

16 that is owned or operated by the generator

17 of the waste, or is located on property

18 owned by the generator of the waste, or is

19 located on property owned by a company

20 with which the generator is affiliated;

21 ‘‘(E) any solid waste generated incident to

22 the provision of service in interstate, intrastate,

23 foreign, or overseas air transportation;

24 ‘‘(F) any industrial waste that is not iden25 tical to municipal solid waste (as otherwise de-
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1 fined in this paragraph) with respect to the

2 physical and chemical state of the industrial

3 waste, and composition, including construction

4 and demolition debris;

5 ‘‘(G) any medical waste that is segregated

6 from or not mixed with municipal solid waste

7 (as otherwise defined in this paragraph); or

8 ‘‘(H) any material or product returned

9 from a dispenser or distributor to the manufac10 turer for credit, evaluation, or possible reuse.

11 ‘‘(5) The term ‘compliance’ means a pattern or

12 practice of adhering to and satisfying standards and

13 requirements promulgated by the Federal or a State

14 government for the purpose of preventing significant

15 harm to human health and the environment. Actions

16 undertaken in accordance with compliance schedules

17 for remediation established by Federal or State en18 forcement authorities shall be considered compliance

19 for purposes of this section.’’.

20 SEC. 3. TABLE OF CONTENTS AMENDMENT.

21 The table of contents in section 1001 of the Solid

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

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

24 the following new item:

‘‘Sec. 4011. Interstate transportation of municipal solid waste.’’.

Æ
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