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104TH CONGRESS

1ST SESSION H. R. 603

To authorize States to regulate certain solid waste.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 20, 1995

Mr. GILLMOR introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To authorize States to regulate certain solid waste.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORIZATION FOR STATES TO REGULATE

4 SOLID WASTE IN INTERSTATE COMMERCE.

5 (a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—

6 The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)

7 is amended by adding at the end of subtitle D the follow8 ing new section:

9 ‘‘SEC. 4011. AUTHORIZATION FOR STATES TO REGULATE

10 SOLID WASTE IN INTERSTATE COMMERCE.

11 ‘‘(a) REGULATION.—Each State is authorized to

12 enact and enforce laws regulating the treatment and dis-
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1 posal within such State of solid waste generated in another

2 State, including laws imposing a ban on the importing into

3 such State, or any part thereof, of solid waste for its treat4 ment or disposal, or laws otherwise regulating the import5 ing into such State of solid waste for its treatment or dis6 posal. In enacting or enforcing any such law, a State may

7 consult with elected officials from any unit of local govern8 ment with jurisdiction over an existing or proposed facility

9 for the treatment or disposal of solid waste, with elected

10 officials from other communities affected by the enact11 ment or enforcement of any such law, and with such other

12 persons as the State considers appropriate.

13 ‘‘(b) FEES.—Each State is authorized to enact and

14 enforce laws imposing and collecting, in such manner as

15 the State deems appropriate, fees or other charges in con16 nection with the treatment and disposal within such State

17 of solid waste generated in another State. Any State im18 posing and collecting any such fee or charge may, in con19 nection therewith, differentiate between two or more

20 States in which solid waste is generated, and may differen21 tiate between any such State of origin and the fees or

22 charges which it imposes and collects, if any, in connection

23 with the treatment and disposal of waste generated within

24 its geographical boundaries.
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1 ‘‘(c) LIMITATION.—Nothing in this section shall

2 apply to—

3 ‘‘(1) any hazardous waste regulated under sub4 title C of this Act;

5 ‘‘(2) any solid waste, hazardous waste, hazard6 ous substance, including contaminated soil and de7 bris, resulting from a response action taken under

8 section 104 or 106 of the Comprehensive Environ9 mental Response, Compensation and Liability Act of

10 1980 (42 U.S.C. 9604 and 9606, respectively) or a

11 corrective action taken under this Act;

12 ‘‘(3) any hazardous chemical substance or mix13 ture regulated under section 6(e) of the Toxic Sub14 stance Control Act (15 U.S.C. 2605(e));

15 ‘‘(4) any metal, pipe, glass, plastic, paper, tex16 tile, or other material that has been separated or

17 otherwise diverted from solid waste, and that has

18 been transported into such State for the purposes of

19 recycling or reclamation; or

20 ‘‘(5) any nonhazardous solid waste produced by

21 an industry that is transported for the purpose of

22 treatment, storage, or disposal to a facility owned or

23 operated by the original generator of the waste.

24 ‘‘(d) INTERSTATE COMPACTS.—The consent of Con25 gress is given to two or more States to negotiate and enter
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1 into agreements or compacts, not in conflict with any law

2 or treaty of the United States, for cooperative efforts and

3 mutual assistance for the management of solid waste, and

4 the approval of Congress is given to any such agreement

5 or compact so entered into.

6 ‘‘(e) EPA AUTHORITY.—The Administrator of the

7 Environmental Protection Agency shall have the authority

8 to propose and promulgate regulations exempting waste

9 types or recycling practices from the authority granted in

10 this section, if the Administrator determines that such ac11 tion promotes the development of an interstate market for

12 recyclable materials or is necessary to promote environ13 mentally sound waste disposal practices. Any person may

14 petition the Administrator to propose such regulations and

15 the Administrator shall solicit and consider public com16 ments before making any final determination under this

17 subsection.’’.

18 (b) TECHNICAL AMENDMENT.—The table of contents

19 for such Act (contained in section 1001) is amended by

20 inserting after the item relating to section 4010 the follow21 ing new item:

‘‘4011. Authorization for States to regulate solid waste in interstate commerce.’’.

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