I
106TH CONGRESS
1ST SESSION
H. R. 378
To authorize States to regulate certain solid waste.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Mr. GILLMOR introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To authorize States to regulate certain solid waste.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION FOR STATES TO REGULATE
SOLID WASTE IN INTERSTATE COMMERCE.
(a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—
The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
is amended by adding at the end of subtitle D the follow-
ing new section:
‘‘SEC. 4011. AUTHORIZATION FOR STATES TO REGULATE
SOLID WASTE IN INTERSTATE COMMERCE.
‘‘(a) REGULATION.—Each State is authorized to
enact and enforce laws regulating the treatment and dis-
posal within such State of solid waste generated in another
State, including laws imposing a ban on the importing into
such State, or any part thereof, of solid waste for its treat-
ment or disposal, or laws otherwise regulating the import-
ing into such State of solid waste for its treatment or dis-
posal. In enacting or enforcing any such law, a State may
consult with elected officials from any unit of local govern-
ment with jurisdiction over an existing or proposed facility
for the treatment or disposal of solid waste, with elected
officials from other communities affected by the enact-
ment or enforcement of any such law, and with such other
persons as the State considers appropriate.
‘‘(b) FEES.—Each State is authorized to enact and
enforce laws imposing and collecting, in such manner as
the State deems appropriate, fees or other charges in con-
nection with the treatment and disposal within such State
of solid waste generated in another State. Any State im-
posing and collecting any such fee or charge may, in con-
nection therewith, differentiate between two or more
States in which solid waste is generated, and may differen-
tiate between any such State of origin and the fees or
charges which it imposes and collects, if any, in connection
with the treatment and disposal of waste generated within
its geographical boundaries.
‘‘(c) LIMITATION.—Nothing in this section shall
apply to—
‘‘(1) any hazardous waste regulated under sub-
title C of this Act;
‘‘(2) any solid waste, hazardous waste, hazard-
ous substance, including contaminated soil and de-
bris, resulting from a response action taken under
section 104 or 106 of the Comprehensive Environ-
mental Response, Compensation and Liability Act of
1980 (42 U.S.C. 9604 and 9606, respectively) or a
corrective action taken under this Act;
‘‘(3) any hazardous chemical substance or mix-
ture regulated under section 6(e) of the Toxic Sub-
stances Control Act (15 U.S.C. 2605(e));
‘‘(4) any metal, pipe, glass, plastic, paper, tex-
tile, or other material that has been separated or
otherwise diverted from solid waste, and that has
been transported into such State for the purposes of
recycling or reclamation; or
‘‘(5) any nonhazardous solid waste produced by
an industry that is transported for the purpose of
treatment, storage, or disposal to a facility owned or
operated by the original generator of the waste.
‘‘(d) INTERSTATE COMPACTS.—The consent of Con-
gress is given to two or more States to negotiate and enter
into agreements or compacts, not in conflict with any law
or treaty of the United States, for cooperative efforts and
mutual assistance for the management of solid waste, and
the approval of Congress is given to any such agreement
or compact so entered into.
‘‘(e) EPA AUTHORITY.—The Administrator shall
have the authority to propose and promulgate regulations
exempting waste types or recycling practices from the au-
thority granted in this section, if the Administrator deter-
mines that such action promotes the development of an
interstate market for recyclable materials or is necessary
to promote environmentally sound waste disposal prac-
tices. Any person may petition the Administrator to pro-
pose such regulations and the Administrator shall solicit
and consider public comments before making any final de-
termination under this subsection.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for such Act (contained in section 1001) is amended by
inserting after the item relating to section 4010 the follow-
ing new item:
‘‘4011. Authorization for States to regulate solid waste in interstate com-
merce.’’.
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