I
106TH CONGRESS
1ST SESSION
H. R. 379
To permit States to prohibit the disposal of solid waste imported from
other nations.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Mr. GILLMOR introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To permit States to prohibit the disposal of solid waste
imported from other nations.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DISPOSAL OF SOLID WASTE IMPORTED FROM
OTHER NATIONS.
(a) IN GENERAL.—Subtitle A of the Solid Waste Dis-
posal Act (42 U.S.C. 6901 et seq.) is amended by adding
after section 1008 the following new section:
‘‘SEC. 1009. DISPOSAL OF SOLID WASTE IMPORTED FROM
OTHER NATIONS.
‘‘(a) BAN
ON
DISPOSAL
OF
FOREIGN
SOLID
WASTE.—After the date of enactment of this section, any
State may prohibit the disposal in that State of any for-
eign solid waste.
‘‘(b) EXEMPTION.—
‘‘(1) RECEIPT AUTHORIZED BY HOST COMMU-
NITY AGREEMENT.—No State prohibition under sub-
section (a) shall apply to any foreign solid waste re-
ceived at a solid waste disposal facility pursuant to
an existing host community agreement if—
‘‘(A) the agreement specifically authorizes
the owner or operator of the facility at which
such waste is received to accept that foreign
solid waste;
‘‘(B) the owner or operator is in compli-
ance with all of the terms and conditions of the
host community agreement; and
‘‘(C) the owner or operator has provided a
copy of the host community agreement to the
State and has made such a copy available for
inspection by the public in the affected local
community.
‘‘(2) REQUIREMENT
FOR
COMPLIANCE
WITH
CERTAIN
REQUIREMENTS.—The exemption under
this subsection shall not apply to a solid waste dis-
posal facility during any period with respect to
which the State has determined that—
‘‘(A) the facility was not in compliance
with applicable Federal and State laws and reg-
ulations relating to facility operation and design
and—
‘‘(i) in the case of landfills, facility lo-
cation standards, leachate collection stand-
ards, groundwater monitoring standards,
and standards for financial assurance and
for closure and post-closure and corrective
action, or
‘‘(ii) in the case of incinerators, the
applicable requirements of section 129 of
the Clean Air Act (42 U.S.C. 7429); and
‘‘(B) such noncompliance constitutes a
threat to human health or the environment.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—For
any solid waste disposal facility, the term ‘affected
local government’ shall mean—
‘‘(A) the public body authorized by State
law to plan for the management of solid waste,
a majority of the members of which are elected
officials, for the area in which the facility is lo-
cated or proposed to be located, or
‘‘(B) if there is no such body authorized by
State law, the elected officials of the city, town,
township, borough, county, or parish exercising
primary responsibility for the use of land on
which the facility is located or proposed to be
located.
‘‘(2) HOST
COMMUNITY
AGREEMENT.—The
term ‘host community agreement’ means a written,
legally binding agreement, lawfully entered into be-
tween an owner or operator of a solid waste disposal
facility and an affected local government, that spe-
cifically authorizes the facility to receive foreign
solid waste.
‘‘(3) EXISTING
HOST
COMMUNITY
AGREE-
MENT.—The term ‘existing host community agree-
ment’ means a host community agreement that is in
effect as of the date of the enactment of this section.
‘‘(4) FOREIGN SOLID WASTE.—The term ‘for-
eign solid waste’ means solid waste generated out-
side of the United States.
‘‘(5) SPECIFIC AUTHORIZATION.—For purposes
of this section, the term ‘specifically authorizes’ re-
fers to an explicit authorization, contained in a host
community agreement, to accept for disposal foreign
solid waste. The language for such authorization
may vary as long as it reasonably evidences approval
or consent for such disposal. The term shall not in-
clude general references to the receipt of waste from
outside the jurisdiction of the affected local govern-
ment.’’.
(b) TABLE OF CONTENTS.—The table of contents of
the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is
amended by adding after the item relating to section 1008
the following new item:
‘‘Sec. 1009. Disposal of solid waste imported from other nations.’’.
Æ