I

107TH CONGRESS

1ST SESSION H. R. 1927

To authorize States to prohibit or impose certain limitations on the receipt

of foreign municipal solid waste, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 21, 2001

Mr. ROGERS of Michigan (for himself and Mr. GILLMOR) introduced the

following bill; which was referred to the Committee on Energy and Commerce

A BILL

To authorize States to prohibit or impose certain limitations

on the receipt of foreign 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 ‘‘Solid Waste Inter5 national Transportation Act of 2001’’.

6 SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL

7 OF MUNICIPAL SOLID WASTE.

8 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis9 posal Act (42 U.S.C. 6941 et seq.) is amended by adding

10 after section 4010 the following new section:
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1 ‘‘SEC. 4011. RECEIPT AND DISPOSAL OF FOREIGN MUNIC2 IPAL SOLID WASTE.

3 ‘‘(a) AUTHORITY.—A State may enact a law or laws

4 prohibiting or imposing limitations on the receipt and dis5 posal of foreign municipal solid waste.

6 ‘‘(b) EFFECT ON INTERSTATE AND FOREIGN COM7 MERCE.—No State action taken as authorized by this sec8 tion shall be considered to impose an undue burden on

9 interstate and foreign commerce or to otherwise impair,

10 restrain, or discriminate against interstate and foreign

11 commerce.

12 ‘‘(c) DEFINITIONS.—For purposes of this section:

13 ‘‘(1) FOREIGN MUNICIPAL SOLID WASTE.—The

14 term ‘foreign municipal solid waste’ means munic15 ipal solid waste generated outside of the United

16 States.

17 ‘‘(2) MUNICIPAL SOLID WASTE.—

18 ‘‘(A) WASTE INCLUDED.—Except as pro19 vided in subparagraph (B), the term ‘municipal

20 solid waste’ means—

21 ‘‘(i) all waste materials discarded for

22 disposal by households, including single

23 and multifamily residences, and hotels and

24 motels; and

25 ‘‘(ii) all waste materials discarded for

26 disposal that were generated by commer-
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1 cial, institutional, municipal, and industrial

2 sources, to the extent such materials—

3 ‘‘(I) are essentially the same as

4 materials described in clause (i); and

5 ‘‘(II) were collected and disposed

6 of with other municipal solid waste

7 described in clause (i) or subclause (I)

8 of this clause as part of normal mu9 nicipal solid waste collection services,

10 except that this subclause does not

11 apply to hazardous materials other

12 than hazardous materials that, pursu13 ant to regulations issued under sec14 tion 3001(d), are not subject to regu15 lation under subtitle C.

16 Examples of municipal solid waste include food

17 and yard waste, paper, clothing, appliances,

18 consumer product packaging, disposable dia19 pers, office supplies, cosmetics, glass and metal

20 food containers, and household hazardous

21 waste. Such term shall include debris resulting

22 from construction, remodeling, repair, or demo23 lition of structures.
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1 ‘‘(B) WASTE NOT INCLUDED.—The term

2 ‘municipal solid waste’ does not include any of

3 the following:

4 ‘‘(i) Any solid waste identified or list5 ed as a hazardous waste under section

6 3001, except for household hazardous

7 waste.

8 ‘‘(ii) Any solid waste, including con9 taminated soil and debris, resulting from—

10 ‘‘(I) a response action taken

11 under section 104 or 106 of the Com12 prehensive Environmental Response,

13 Compensation, and Liability Act (42

14 U.S.C. 9604 or 9606);

15 ‘‘(II) a response action taken

16 under a State law with authorities

17 comparable to the authorities of such

18 section 104 or 106; or

19 ‘‘(III) a corrective action taken

20 under this Act.

21 ‘‘(iii) Recyclable materials that have

22 been separated, at the source of the waste,

23 from waste otherwise destined for disposal

24 or that have been managed separately from

25 waste destined for disposal.
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1 ‘‘(iv) Scrap rubber to be used as a

2 fuel source.

3 ‘‘(v) Materials and products returned

4 from a dispenser or distributor to the man5 ufacturer or an agent of the manufacturer

6 for credit, evaluation, and possible reuse.

7 ‘‘(vi) Any solid waste that is—

8 ‘‘(I) generated by an industrial

9 facility; and

10 ‘‘(II) transported for the purpose

11 of treatment, storage, or disposal to a

12 facility or unit thereof that is owned

13 or operated by the generator of the

14 waste, located on property owned by

15 the generator or a company with

16 which the generator is affiliated, or

17 the capacity of which is contractually

18 dedicated exclusively to a specific gen19 erator, so long as the disposal area

20 complies with local and State land use

21 and zoning regulations applicable to

22 the disposal site.

23 ‘‘(vii) Any medical waste that is seg24 regated from or not mixed with solid

25 waste.
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1 ‘‘(viii) Sewage sludge and residuals

2 from any sewage treatment plant.

3 ‘‘(ix) Combustion ash generated by re4 source recovery facilities or municipal in5 cinerators, or waste from manufacturing or

6 processing (including pollution control) op7 erations not essentially the same as waste

8 normally generated by households.’’.

9 (b) TABLE OF CONTENTS.—The table of contents of

10 the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is

11 amended by adding after the item relating to section 4010

12 the following new item:

‘‘Sec. 4011. Receipt and disposal of foreign municipal solid waste.’’.

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