I
104TH CONGRESS
1ST SESSION
H. R. 1288
To amend the Solid Waste Disposal Act to permit Governors to limit the
disposal of out-of-State solid waste in their States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 1995
Mr. BUYER introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To amend the Solid Waste Disposal Act to permit Governors
to limit the disposal of out-of-State solid waste in their
States, 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 ‘‘Interstate Transpor-
tation of Municipal Waste Act of 1995’’.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL
WASTE.
Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end
the following new section:
‘‘INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE
‘‘SEC. 4011. (a) AUTHORITY TO RESTRICT OUT-OF-
STATE MUNICIPAL WASTE.—(1)(A) Except as provided in
subsection (b), if requested in writing by an affected local
government, a Governor may prohibit the disposal of out-
of-State municipal waste in any landfill or incinerator that
is subject to the jurisdiction of the Governor or the af-
fected local government.
‘‘(B) Prior to submitting a request under this section,
the affected local government shall—
‘‘(i) provide notice and opportunity for public
comment concerning any proposed request; and
‘‘(ii) following notice and comment, take formal
action on any proposed request at a public meeting.
‘‘(2) Beginning with calendar year 1995, a Governor
of a State may, with respect to landfills covered by the
exceptions provided in subsection (b)—
‘‘(A) notwithstanding the absence of a request
in writing by the affected local government—
‘‘(i) limit the quantity of out-of-State mu-
nicipal waste received for disposal at each land-
fill in the State to an annual quantity equal to
the quantity of out-of-State municipal waste re-
ceived for disposal at the landfill during the cal-
endar year 1993 or 1994, whichever is less; and
‘‘(ii) limit the disposal of out-of-State mu-
nicipal waste at landfills that received, during
calendar year 1993, documented shipments of
more than 50,000 tons of out-of-State munici-
pal waste representing more than 30 percent of
all municipal waste received at the landfill dur-
ing the calendar year, by prohibiting at each
such landfill the disposal, in any year, of a
quantity of out-of-State municipal waste that is
greater than 30 percent of all municipal waste
received at the landfill during calendar year
1993; and
‘‘(B) if requested in writing by the affected
local government, prohibit the disposal of out-of-
State municipal waste in landfill cells that do not
meet the design and location standards and leachate
collection and ground water monitoring requirements
of State law and regulations in effect on January 1,
1993, for new landfills.
‘‘(3)(A) In addition to the authorities provided in
paragraph (1)(A), beginning with calendar year 1997, a
Governor of any State, if requested in writing by the af-
fected local government, may further limit the disposal of
out-of-State municipal waste as provided in paragraph
(2)(A)(ii) by reducing the 30 percent annual quantity limi-
tation to 20 percent in each of calendar years 1998 and
1999, and to 10 percent in each succeeding calendar year.
‘‘(B)(i) A State may ban imports from large export-
ing States if the volumes of municipal solid waste exported
by those States did not meet reduction targets.
‘‘(ii) A ban under clause (i) may prohibit imports
from States that export more than—
‘‘(I) 3,500,000 tons in calendar year 1996;
‘‘(II) 3,000,000 tons in calendar year 1997;
‘‘(III) 3,000,000 tons in calendar year 1998;
‘‘(IV) 2,500,000 tons in calendar year 1999;
‘‘(V) 2,500,000 tons in calendar year 2000;
‘‘(VI) 1,500,000 tons in calendar year 2001; or
‘‘(VII) 1,500,000 tons in calendar year 2002;
‘‘(VIII) 1,000,000 tons in any calendar year
after 2002,
excluding any volume legitimately covered by a host com-
munity agreement.
‘‘(4)(A) Any limitation imposed by the Governor
under paragraph (2)(A)—
‘‘(i) shall be applicable throughout the State;
‘‘(ii) shall not discriminate against any particu-
lar landfill within the State; and