II
Calendar No. 676
103D CONGRESS
2D SESSION
H. R. 4779
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994
Received; read twice and placed on the calendar
AN ACT
To amend the Solid Waste Disposal Act to authorize local
governments and Governors to restrict 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 1994’’.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal 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) AUTHORIZATION.—A landfill or incin-
erator in a State may not receive for disposal
or incineration any out-of-State municipal solid
waste unless the owner or operator of such
landfill or incinerator obtains explicit authoriza-
tion (as part of a host community agreement)
from the affected local government to receive
the waste.
‘‘(B) REQUIREMENTS
FOR
AUTHORIZA-
TION.—An authorization granted pursuant to
subparagraph (A) shall—
‘‘(i) be granted by formal action at a
meeting;
‘‘(ii) be recorded in writing in the offi-
cial record of the meeting; and
‘‘(iii) remain in effect according to its
terms.
‘‘(C) DISCRETIONARY TERMS AND CONDI-
TIONS.—An authorization granted pursuant to
subparagraph (A) may specify terms and condi-
tions, including an amount of out-of-State
waste that an owner or operator may receive
and the duration of the authorization.
‘‘(D) NOTIFICATION.—Promptly, but not
later than 90 days after an authorization is
granted, the affected local government shall no-
tify the Governor, contiguous local govern-
ments, 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 of (expressed in
terms of volume) 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 preopera-
tional 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-
spect to gifts and contributions made by the
owner or operator.
‘‘(J) Any information that is required by
State or Federal law to be provided with re-
spect to compliance by the owner or operator
with the State solid waste management plan.
‘‘(3) NOTIFICATION.—Prior to taking formal
action with respect to granting authorization to re-
ceive out-of-State municipal solid waste pursuant to
this subsection, an affected local government shall—
‘‘(A) notify the Governor, contiguous local
governments, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a
newspaper of general circulation at least 30
days before holding a hearing and again at
least 15 days before holding the hearing, except
where State law provides for an alternate form
of public notification; and
‘‘(C) provide an opportunity for public
comment in accordance with State law, includ-
ing at least 1 public hearing.
‘‘(b) AUTHORIZATION NOT REQUIRED FOR CERTAIN
FACILITIES.—
‘‘(1) IN
GENERAL.—A landfill or incinerator
may receive for disposal or incineration out-of-State
municipal solid waste in the absence of an authoriza-
tion under subsection (a) if each of the following re-
quirements are met:
‘‘(A) The owner or operator shall provide
either of the following to the Governor of the
State in which the landfill or incinerator is lo-
cated and to the affected local government:
‘‘(i) Information establishing that, be-
fore the date of the enactment of this sec-
tion, the owner or operator of the landfill
or incinerator has entered into a host com-
munity agreement or received a State per-
mit, specifically authorizing the owner or
operator to accept, at the landfill or incin-
erator, out-of-State municipal solid waste.
This clause shall be effective only if the
owner or operator complies with all of the
terms and conditions of the host commu-