I
103D CONGRESS
2D SESSION
H. R. 4779
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.
IN THE HOUSE OF REPRESENTATIVES
JULY 19, 1994
Mr. BOUCHER (for himself, Mr. UPTON, and Mr. BONIOR) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
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 ‘‘Local Government
Interstate Waste Control Act’’.
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
at the end the following new section:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE
WASTE.—(1) Subject to subsection (f), the owner or oper-
ator of a landfill, incinerator, or other waste disposal facil-
ity in a State may not receive for disposal or incineration
any municipal solid waste generated outside the State un-
less the owner or operator obtains authorization to receive
such waste from the affected local government. Any such
authorization shall be granted by formal action at a meet-
ing and shall be recorded in writing in the official record
of the meeting. The local government shall notify the Gov-
ernor, adjoining local governments, and any adjoining In-
dian tribes of any authorization granted under this sub-
section. Subject to subsection (c), only 1 authorization per
facility is required under this subsection.
‘‘(2) Prior to formal action with respect to authoriza-
tion to receive municipal solid waste generated outside the
State, the affected local government shall require and
make readily available to the Governor, adjoining local
governments, any adjoining Indian tribes, and other inter-
ested persons for inspection and copying the following in-
formation from the owner or operator of the facility seek-
ing such authorization:
‘‘(A) A brief description of the planned facility,
including facility size, ultimate waste capacity, and
anticipated monthly and yearly waste volumes to be
handled.
‘‘(B) A map of the facility site indicating loca-
tion in relation to the local road system and topog-
raphy and hydrological features. This map shall in-
dicate any buffer zones to be acquired by the owner
or operator as well as all facility units.
‘‘(C) A description of the current environmental
characteristics of the site, including information re-
garding ground water resources, and discussion of
alterations that may be necessitated by or occur as
a result of the facility.
‘‘(D) A description of appropriate environ-
mental controls to be utilized on the site, including
runon/runoff management, air pollution control de-
vices, source separation procedures, methane mon-
itoring and control, landfill covers, liners or leachate
collection systems, and monitoring programs. This
description also shall include a discussion of any
waste residuals generated by the facility, including
leachate or ash, and the planned management of
such residuals.
‘‘(E) A description of site access controls to be
employed, roadway improvements to be made by the
owner or operator, and an estimate 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 requirements
of the facility, including information regarding the
probable skill and education levels required for jobs
at the facility. This information should distinguish
between employment statistics for pre- and post-
operational levels.
‘‘(H) Such information as is required by State
law to be provided with respect to any violations of
environmental laws or regulations by the owner, the
operator, and their subsidiaries, the disposition of
enforcement proceedings taken with respect to such
violations, and corrective action and rehabilitation
measures taken as a result of such proceedings.
‘‘(I) Such information as is required by State
law to be provided with respect to gifts and con-
tributions by the owner and operator.
‘‘(J) Such information as is required by State
law to be provided by the owner or operator with re-
spect to compliance by the owner or operator with
the State solid waste management plan in effect pur-
suant to section 4007.
‘‘(3) Prior to formal action with respect to authoriza-
tion to receive municipal solid waste generated outside the
State, the affected local government shall notify the Gov-
ernor, adjoining local governments, and any adjoining In-
dian tribes, and publish notice of the action in a news-
paper of general circulation at least 30 days before the
hearing and again at least 15 days before the hearing, and
provide an opportunity for public comment, including at
least 1 public hearing, in accordance with State law.
‘‘(b) LIMITATIONS ON APPLICABILITY.—
‘‘(1) LANDFILLS
IN
OPERATION.—Subsection
(a) does not apply to an owner or operator of a land-
fill that—
‘‘(A) on the date of the enactment of this
section, was in compliance with all applicable
State laws and regulations relating to design
and location standards, leachate collection,
ground water monitoring, and financial assur-
ance for closure and post-closure care and cor-
rective action; and
‘‘(B) during calendar year 1993, accepted,
in accordance with State law as in effect during
such calendar year, documented shipments of
municipal solid waste generated outside the
State, or, before the date of the enactment of
this section, entered into a host agreement or
otherwise obtained authorization to accept such
waste from the affected local government.
‘‘(2) LANDFILLS UNDER CONSTRUCTION OR IN
PLANNING PROCESS.—(A) Subject to subparagraph
(B), subsection (a) does not apply to a person who—
‘‘(i) is planning to own or operate a land-
fill; and
‘‘(ii) before the date of the enactment of
this section, entered into a host agreement or
otherwise obtained authorization from the af-
fected local government to accept at such land-
fill municipal solid waste generated outside the
county or the State in which the landfill is
located.
‘‘(B) The limitation on applicability contained
in subparagraph (A) shall terminate if the landfill,
before or after construction, fails to meet all State
laws and regulations relating to design and location
standards, leachate collection, ground water monitor-
ing, or financial assurance for closure and post clo-
sure care and corrective action.
‘‘(3) INCINERATORS AND OTHER FACILITIES.—
Subsection (a) does not apply to either of the follow-
ing:
‘‘(A) An owner or operator of an inciner-
ator or other waste disposal facility (other than
a landfill) that, during calendar year 1993, ac-
cepted documented shipments of municipal solid
waste generated outside the State or, before the
date of the enactment of this section, entered
into a host agreement or otherwise obtained au-
thorization to accept such waste from the af-
fected local government.
‘‘(B) A person who is planning to own or
operate an incinerator or other waste disposal
facility (other than a landfill) and who, before
the date of the enactment of this section, en-
tered into a host agreement or otherwise ob-
tained authorization from the affected local gov-
ernment to accept municipal solid waste gen-
erated outside the State at such incinerator or
facility.
‘‘(c) TREATMENT OF EXPANSIONS OF FACILITIES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the expansion of a landfill, incinerator, or
other waste disposal facility shall be considered, for
purposes of subsection (a), to be a separate facility
requiring authorization in order to accept waste gen-
erated outside the State.
‘‘(2) EXCEPTION.—A landfill, incinerator, or
other waste disposal facility may be expanded for
purposes of receiving waste generated outside the
State without an authorization under subsection (a)
to accept such waste at the expansion only if—
‘‘(A) with respect to a facility for which
the owner or operator has obtained authoriza-
tion as described in subsection (a) or in para-
graph (1), (2), or (3) of subsection (b), at the
time the owner or operator obtained such au-
thorization—
‘‘(i) the owner or operator owned or
possessed an option to purchase the land
on which the expansion of the facility is
proposed to occur; and
‘‘(ii) the area of expansion of the fa-
cility was indicated in documents filed with
the affected local government before ob-
taining such authorization; or
‘‘(B) with respect to a facility described in
paragraph (1) or (3) of subsection (b) for which
the owner or operator is not required to obtain
authorization, the owner or operator, during
calendar year 1993, owned or possessed an op-
tion to purchase the land on which the expan-
sion of the facility is proposed to occur.
‘‘(d) RESTRICTION ON LOCAL GOVERNMENT CON-
TROL BY GOVERNOR.—In any case in which an affected
local government is considering granting an authorization
to receive municipal solid waste generated outside the
State, and the disposal or incineration of such waste pre-
cludes the use of solid waste management capacity that
is identified under the State plan to be used for disposal
or incineration of municipal solid waste generated within
the region (identified under section 4006(a)) in which the
local government is located, the Governor may prohibit the
affected local government from granting the authorization.
‘‘(e) AUTHORITY OF GOVERNOR TO RESTRICT OUT-
OF-STATE MUNICIPAL SOLID WASTE.—
‘‘(1)(A) Except as provided in paragraph (5), if
requested in writing by both an affected local gov-
ernment, and an affected local solid waste planning
unit (if such a local solid waste planning unit exists
under State law), a Governor may, with respect to
landfills to which subsection (a) does not apply (as
set forth in paragraphs (1) and (2) of subsection
(b)), limit the amount of out-of-State municipal solid
waste received for disposal at each such landfill in
the State to an amount equal to the amount of out-
of-State municipal solid waste received for disposal
at the landfill during calendar year 1993.
‘‘(B) Prior to submitting a request under this
section to limit the disposal of out-of-State munici-
pal solid waste, the affected local government and
the affected local solid waste planning unit, if any,
shall—
‘‘(i) provide notice and opportunity for
public comment concerning any such proposed
request; and
‘‘(ii) following notice and comment, take
formal action upon any such proposed request
at a public meeting.
‘‘(3) In responding to requests by affected local
governments under paragraph (1)(A), the Governor
shall respond in a consistent manner that does not
discriminate against any particular landfill within
the State and does not discriminate against any
shipments of out-of-State municipal solid waste on
the basis of State of origin.
‘‘(4)(A) Any Governor who intends to exercise
the authority provided in this subsection shall, with-
in 60 days after the date of enactment of this sec-
tion, submit to the Administrator information docu-
menting the amount of out-of-State municipal solid
waste received for disposal in the Governor’s State
during calendar year 1993.
‘‘(B) Upon receipt of such information, the Ad-
ministrator shall notify the Governor of each State
and the public and shall provide a comment period
of not less than 30 days.
‘‘(C) Not later than 120 days after the date of
enactment of this section, the Administrator shall
publish a list of the amount of out-of-State munici-
pal solid waste that was received at each landfill to
which subsection (a) does not apply (as set forth in
paragraphs (1) and (2) of subsection (b)) for dis-
posal in the State during calendar year 1993.
‘‘(5) A Governor may not exercise the authority
granted under this subsection if such action would
be inconsistent with State law or would result in the
violation of or failure to perform any provision of—
‘‘(i) a written, legally binding contract, in-
cluding a host agreement, that was lawfully en-
tered into by the owner or operator of a landfill