I
103D CONGRESS
1ST SESSION
H. R. 495
To amend subtitle C of the Solid Waste Disposal Act to require the prepara-
tion of a community information statement for new hazardous waste
treatment or disposal facilities.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1993
Mr. CLINGER (for himself, Mr. SYNAR, and Mr. HOBSON) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend subtitle C of the Solid Waste Disposal Act to
require the preparation of a community information
statement for new hazardous waste treatment or disposal
facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. COMMUNITY INFORMATION STATEMENT.
(a) AMENDMENT OF SUBTITLE D.—Subtitle C of the
Solid Waste Disposal Act is amended by adding the follow-
ing new section at the end thereof:
‘‘SEC. 3021. COMMUNITY INFORMATION STATEMENT.
‘‘(a) REGULATIONS.—Not later than one year after
the enactment of this section, the Administrator shall pro-
mulgate regulations to require the preparation of a com-
munity information statement as part of the permitting
processes under this subtitle for any new off-site hazard-
ous waste treatment or disposal facility. Each such state-
ment shall be made available for public review. The final
statement for any facility shall be available for public re-
view before the earlier of (1) 60 days before a public hear-
ing is conducted by the permitting authority regarding the
proposed issuance of such permit or (2) the date one year
after the date on which an independent contractor is se-
lected under subsection (b). The permitting authority shall
take the community information statement into account
in making any final decision regarding the issuance of
such permit and in establishing any conditions to be im-
posed in such permit. Such statement shall be a part of
the record on which the permitting decision is based.
‘‘(b) SELECTION OF INDEPENDENT CONTRACTOR TO
PREPARE
STATEMENT.—The community information
statement required under this section shall be prepared
by an independent contractor selected jointly, after con-
sultation with concerned citizens, by the applicant for the
permit and the chief elected official of the affected host
community. If the applicant and chief elected official do
not agree on the selection of any independent contractor
within 30 days after the date on which the application for
a permit under this section is filed, the permitting author-
ity shall select the independent contractor to prepare the
statement required under this section.
‘‘(c) COSTS.—The permitting authority shall impose
and collect a fee on the submission of each application for
a permit for which a statement under this section is re-
quired. The fee shall cover the reasonable costs of prepar-
ing the community information statement.
‘‘(d) REQUIREMENTS.—A community information
statement meets the requirements of this section if such
statement identifies and describes each of the following:
‘‘(1) The effects of such facility on the host
community, including the effects on the local econ-
omy and employment, housing, public safety and
emergency preparedness, transportation systems,
and recreational amenities and tourism in the area.
‘‘(2) The types of wastes expected to enter the
facility and the types of releases expected from the
facility and any human health impacts associated
with such wastes and with such releases.
‘‘(3) The options or alternatives for mitigating
any such impacts on the affected community.
‘‘(4) The demographic characteristics of the af-
fected host community according to race, ethnic
background, and income.
‘‘(5) The presence in the affected host commu-
nity of any—
‘‘(A) existing solid waste treatment, stor-
age, or disposal facility, or
‘‘(B) site in which a release of hazardous
substances (within the meaning of the Com-
prehensive Environmental Response, Compensa-
tion, and Liability Act of 1980) has occurred
and the extent to which such site has been re-
mediated.
‘‘(6) Permit applicant’s record of compliance
with State and Federal environmental regulations
and laws, and the record of such compliance by any
firm engaged to operate the facility or any firm
which controls or is affiliated with the applicant, in-
cluding any serious violations thereof.
The community information statement prepared in con-
nection with any facility shall not be subject to judicial
review in any proceeding other than a proceeding brought
to challenge the issuance of a permit for such facility. In
any permitting proceeding respecting such facility the per-
mitting authority shall take the statement into account,
‘‘(2) The term ‘affected host community’ means
the county, municipality, town, or township or other
general purpose unit of local government which has
primary jurisdiction over the use of the land on
which a facility is located or proposed to be located.
‘‘(3) The term ‘independent contractor’ means
a person who has no financial or other potential con-
flict of interest in the outcome of a proceeding to de-
termine whether or not a permit should be issued for
a new off site facility for the treatment, storage, or
disposal of hazardous waste.’’.
(b) TABLE OF CONTENTS.—The table of contents for
subtitle C of such Act is amended by adding the following
new item after the item relating to section 3020:
‘‘Sec. 3021. Community information statement.’’.
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