I
105TH CONGRESS
1ST SESSION
H. R. 843
To prohibit the location of solid and hazardous waste facilities near
residential, day care, church, and school properties.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 26, 1997
Mr. FORD (for himself, Mr. LEWIS of Georgia, Mr. THOMPSON, Mr. REYES,
Mr. BLAGOJEVICH, Mr. JACKSON of Illinois, Mr. MALONEY of Connecti-
cut, Ms. JACKSON-LEE of Texas, Mr. CLYBURN, Ms. MCKINNEY, Mr.
STARK, Mr. HINOJOSA, Ms. EDDIE BERNICE JOHNSON of Texas, and
Ms. KILPATRICK) introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To prohibit the location of solid and hazardous waste facili-
ties near residential, day care, church, and school prop-
erties.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LOCATION OF SOLID AND HAZARDOUS WASTE
FACILITIES NEAR RESIDENTIAL, DAY CARE,
CHURCH, AND SCHOOL PROPERTIES.
(a) HAZARDOUS WASTE FACILITIES.—(1) Section
3004 of the Solid Waste Disposal Act (42 U.S.C. 6924)
is amended by adding the following at the end thereof:
‘‘(z) PROXIMITY TO RESIDENTIAL PROPERTY, DAY
CARE PROPERTY, CHURCHES, SCHOOLS, AND PARKS.—
The standards under subsection (a)(4) shall prohibit the
owner or operator of any hazardous waste treatment, stor-
age or disposal facility from locating such facility within
5,000 feet of any residential property, day care property,
church property, school property, or park property.’’.
(2) The Administrator of the Environmental Protec-
tion Agency shall promulgate regulations under the
amendment made by paragraph (1) of this subsection not
later than 90 days after the enactment of this Act.
(b) SOLID WASTE FACILITIES.—(1) Section 4003(a)
of the Solid Waste Disposal Act (42 U.S.C. 6943(a)) is
amended by adding the following new paragraph after
paragraph (6):
‘‘(7) The plan shall prohibit the owner or opera-
tor of any facility used for the collection, storage, re-
cycling, disposal, or other management of solid
waste or recyclable materials from locating such fa-
cility within 5,000 feet of any residential property,
day care property, church property, school property,
and park property.’’.
(2) The Administrator of the Environmental Protec-
tion Agency shall promulgate regulations under the
amendment made by paragraph (1) of this subsection not
later than 90 days after the enactment of this Act.
(3) Section 4007(a)(1) of the Solid Waste Disposal
Act (42 U.S.C. 6947(a)(1)) is amended by striking out
‘‘and (5) of section 4003’’ and inserting ‘‘(5), and (7) of
section 4003(a)’’.
(4) Section 4007(a)(2)(A) of such Act (42 U.S.C.
6947(a)(2)(A)) is amended by striking out ‘‘and (5) of
section 4003’’ and inserting ‘‘(5), or (7) of section
4003(a)’’.
(c) EFFECTIVE DATE.—The amendments made by
this Act and the regulations promulgated pursuant to such
amendments shall take effect with respect to any permit
or other authorization issued after the date 120 days after
the enactment of this Act for the construction or modifica-
tion (other than a modification necessary for closure) of
any facility used for the treatment, storage or disposal of
hazardous waste or of any facility used for the collection,
storage, recycling, disposal, or other management of solid
waste or recyclable materials.
Æ