I
104TH CONGRESS
1ST SESSION
H. R. 227
To amend the Solid Waste Disposal Act to provide congressional authorization
for restrictions on receipt of out-of-State municipal solid waste, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. DINGELL introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to provide congres-
sional authorization for restrictions on receipt of out-
of-State municipal solid waste, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘State and Local Gov-
ernment Interstate Waste Control Act of 1995’’.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section
4010 the following new section:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE
WASTE.—
‘‘(1) IN GENERAL.—(A) Effective January 1,
1996, a landfill or incinerator in a State may not re-
ceive for disposal or incineration any out-of-State
municipal solid waste unless the owner or operator
of such landfill or incinerator obtains explicit author-
ization (as part of a host community agreement)
from the affected local government to receive the
waste.
‘‘(B) An authorization granted pursuant to sub-
paragraph (A) shall—
‘‘(i) be granted by formal action at a meet-
ing;
‘‘(ii) be recorded in writing in the official
record of the meeting; and
‘‘(iii) remain in effect according to its
terms.
‘‘(C) An authorization granted pursuant to sub-
paragraph (A) may specify terms and conditions, in-
cluding an amount of out-of-State waste that an
owner or operator may receive and the duration of
the authorization.
‘‘(D) Promptly, but not later than 90 days after
such an authorization is granted, the affected local
government shall notify the Governor, contiguous
local governments, and any contiguous Indian tribes
of an authorization granted under this subsection.
‘‘(2) INFORMATION.—Prior to seeking an au-
thorization to receive out-of-State municipal solid
waste pursuant to this subsection, the owner or op-
erator of the facility seeking such authorization shall
provide (and make readily available to the Governor,
each contiguous local government and Indian tribe,
and any other interested person for inspection and
copying) the following information:
‘‘(A) A brief description of the facility, in-
cluding, with respect to both the facility and
any planned expansion of the facility, the size,
ultimate waste capacity, and the anticipated
monthly and yearly quantities (expressed in
terms of volume) of waste to be handled.
‘‘(B) A map of the facility site indicating
location in relation to the local road system and
topography and hydrogeological features. The
map shall indicate any buffer zones to be ac-
quired by the owner or operator as well as all
facility units.
‘‘(C) A description of the then current en-
vironmental characteristics of the site, a de-
scription of ground water use in the area (in-
cluding identification of private wells and public
drinking water sources), and a discussion of al-
terations that may be necessitated by, or occur
as a result of, the facility.
‘‘(D) A description of environmental con-
trols typically required to be used on the site
(pursuant to permit requirements), including
run on or run off management (or both), air
pollution control devices, source separation pro-
cedures (if any), methane monitoring and con-
trol, landfill covers, liners or leachate collection
systems, and monitoring programs. In addition,
the description shall include a description of
any waste residuals generated by the facility,
including leachate or ash, and the planned man-
agement of the residuals.
‘‘(E) A description of site access controls
to be employed, and roadway improvements to
be made, by the owner or operator, and an esti-
mate of the timing and extent of increased local
truck traffic.
‘‘(F) A list of all required Federal, State,
and local permits.
‘‘(G) Estimates of the personnel require-
ments of the facility, including information re-
garding the probable skill and education levels
required for jobs at the facility. To the extent
practicable, the information shall distinguish
between 
employment 
statistics 
for 
pre-
operational and postoperational levels.
‘‘(H) Any information that is required by
State or Federal law to be provided with re-
spect to any violations of environmental laws
(including regulations) by the owner, the opera-
tor, and any subsidiary of the owner or opera-
tor, the disposition of enforcement proceedings
taken with respect to the violations, and correc-
tive action and rehabilitation measures taken as
a result of the proceedings.
‘‘(I) Any information that is required by
State or Federal law to be provided with re-
‘‘(3) LIST.—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 1996, 3.0 million tons in each of calendar years
1997 and 1998, 2.5 million tons in each of calendar
years 1999 and 2000, 1.5 million tons in each of
calendar years 2001 and 2002, and 1.0 million tons
in calendar year 2003 and each year thereafter. The
list for any calendar year shall be published by
March 1 of the following calendar year.
‘‘(4) SAVINGS PROVISION.—Nothing in this sub-
section shall be construed to preempt any State re-
quirement that requires more frequent reporting of
information.
‘‘(c) FREEZE.—
‘‘(1) ANNUAL
AMOUNT.—(A) Except as pro-
vided in paragraph (2) and unless it would result in
a violation of, or be inconsistent with, a host com-
munity agreement or permit specifically authorizing
the owner or operator of a landfill or incinerator to
accept out-of-State municipal solid waste at such
landfill or incinerator, and notwithstanding the ab-
sence of a request in writing by the affected local
government, a Governor, in accordance with para-
graph (3), may limit the quantity of out-of-State
municipal solid waste received for disposal at each
landfill or incinerator covered by the exceptions pro-
vided in subsection (e) that is subject to the jurisdic-
tion of the Governor, to an annual amount equal to
the quantity of out-of-State municipal solid waste re-
ceived for disposal at such landfill or incinerator
during calendar year 1993.
‘‘(B) At the request of an affected local govern-
ment that has not executed a host community agree-
ment, the Governor may limit the amount of out-of-
State municipal solid waste received annually for
disposal at the landfill or incinerator concerned to
the amount described in subparagraph (A). No such
limit may conflict with provisions of a permit specifi-
cally authorizing the owner or operator to accept, at
the facility, out-of-State municipal solid waste.
‘‘(2) LIMITATION
ON
GOVERNOR’S
AUTHOR-
ITY.—A Governor may not exercise the authority
granted under this subsection in a manner that
would require any owner or operator of a landfill or
incinerator covered by the exceptions provided in
subsection (e) 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 dur-
ing calendar year 1993.
‘‘(3) UNIFORMITY.—Any limitation imposed by
a Governor under paragraph (1)(A)—
‘‘(A) shall be applicable throughout the
State;
‘‘(B) shall not directly or indirectly dis-
criminate against any particular landfill or in-
cinerator within the State; and
‘‘(C) shall not directly or indirectly dis-
criminate against any shipments of out-of-State
municipal solid waste on the basis of State of
origin.
‘‘(d) RATCHET.—
‘‘(1) IN GENERAL.—Unless it would result in a
violation of, or be inconsistent with, a host commu-
nity agreement or permit specifically authorizing the
owner or operator of a landfill or incinerator to ac-
cept out-of-State municipal solid waste at such land-
fill or incinerator, immediately upon the date of pub-
lication of the list required under subsection (b)(3),
and notwithstanding the absence of a request in
writing by the affected local government, a Gov-
ernor, in accordance with paragraph (4), may pro-
hibit the disposal of out-of-State municipal solid
waste, at any landfill or incinerator covered by the
exceptions in subsection (e) that is subject to the ju-
risdiction of the Governor, generated in any State
that is determined by the Administrator under sub-
section (b)(3) as having exported, to landfills or in-
cinerators not covered by host community agree-
ments, more than any of the following:
‘‘(A) 3.5 million tons of municipal solid
waste in calendar year 1996.
‘‘(B) 3.0 million tons of municipal solid
waste in calendar year 1997.
‘‘(C) 3.0 million tons of municipal solid
waste in calendar year 1998.
‘‘(D) 2.5 million tons of municipal solid
waste in calendar year 1999.
‘‘(E) 2.5 million tons of municipal solid
waste in calendar year 2000.
‘‘(F) 1.5 million tons of municipal solid
waste in calendar year 2001.
‘‘(G) 1.5 million tons of municipal solid
waste in calendar year 2002.
‘‘(H) 1.0 million tons of municipal solid
waste in calendar year 2003.
‘‘(I) 1.0 million tons of municipal solid
waste in each calendar year after 2003.
‘‘(2) ADDITIONAL EXPORT LIMITS.—No State
may export to any one State more than 1.4 million
tons of municipal solid waste in calendar year 1996
or 90 percent of the 1993 levels exported to a State,
whichever is greater, 1.3 million tons in 1997 or 90
percent of the 1996 levels exported to a State,
whichever is greater, 1.2 million tons in 1998 or 90
percent of the 1997 levels exported to a State,
whichever is greater, 1.1 million tons in 1999 or 90
percent of the 1998 levels exported to a State,
whichever is greater, 1 million tons in 2000,
800,000 tons in 2001, and 600,000 tons in 2002
and each year thereafter, to landfills or incinerators
not covered by host community agreements. Gov-
ernors of importing States may restrict levels of im-
ports to reflect the level of out-of-State municipal
solid waste imports referred to in the preceding sen-
tence if—
‘‘(A) the Governor of the importing State
has notified the Governor of the exporting State
and the Administrator 12 months prior to en-
forcement of the importing State’s intention to
impose the requirements of this section;
lish the amount of out-of-State construction
and demolition waste received during calendar
years 1997 and 1998 and report the tonnage
received to the Governor of each exporting
State.
‘‘(2) AMOUNT.—For each calendar year begin-
ning after January 1, 1999, the amount of out-of-
State construction and demolition waste received at
any facility within an importing State may be lim-
ited to the average of the amounts received in cal-
endar years 1997 and 1998.
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘construction and demolition waste’
means debris resulting from construction, remodel-
ing, repair, or demolition of structures other than
debris that is not otherwise commingled with other
municipal solid waste and has been determined by
the generator, to be contaminated. For purposes of
determining whether any such debris is contami-
nated, the generator shall conduct representative
sampling and analysis of such debris, the results of
which shall be submitted to the affected local gov-
ernment for recordkeeping purposes only, unless not
required by the affected local government. Any such
debris that has been determined to be contaminated