I
104TH CONGRESS
1ST SESSION
H. R. 1249
To amend the Solid Waste Disposal Act to permit States and political subdivi-
sions to control the disposal of out-of-State municipal solid waste within
their boundaries.
IN THE HOUSE OF REPRESENTATIVES
MARCH 15, 1995
Mr. GREENWOOD (for himself, Mr. CLINGER, Mr. WALKER, Mr. GILLMOR,
Mr. ENGLISH of Pennsylvania, Mr. MURTHA, Mr. KANJORSKI, Mr.
HOLDEN, and Mr. MCHALE) introduced the following bill; which was re-
ferred to the Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to permit States
and political subdivisions to control the disposal of out-
of-State municipal solid waste within their boundaries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STATE AUTHORITY.
(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) IN GENERAL.—The Governor of any State may
impose a limitation or prohibition on the receipt of out-
of-State municipal solid waste by landfills or incinerators
in the State. Any affected local government of a political
subdivision in a State may permit landfills or incinerators
in the political subdivision to receive out-of-State munici-
pal solid waste notwithstanding any such limitation or pro-
hibition established by the Governor. In the absence of any
such limitation or prohibition imposed by the Governor of
a State, any affected local government of any political sub-
division in the State may impose a limitation or prohibi-
tion on the receipt of out-of-State municipal solid waste
by landfills or incinerators in that political subdivision.
‘‘(b) WASTE NOT COVERED.—Subsection (a) shall
not apply to any of the following kinds of solid waste:
‘‘(1) Any solid waste identified or listed as a
hazardous waste under section 3001.
‘‘(2) Any solid waste, including contaminated
soil and debris, resulting from—
‘‘(A) a response action taken under section
104 or 106 of the Comprehensive Environ-
mental Response, Compensation, and Liability
Act (42 U.S.C. 9604 or 9606),
‘‘(B) a response action taken under a
State law with authorities comparable to the
authorities of section 104 or 106, or
‘‘(C) a corrective action taken under this
Act.
‘‘(3) Recyclable materials that have been sepa-
rated, at the source of the waste, from waste other-
wise destined for disposal or that have been man-
aged separately from waste destined for disposal.
‘‘(4) Materials and products returned from a
dispenser or distributor to the manufacturer or an
agent of the manufacturer for credit, evaluation, and
possible reuse.
‘‘(5) Any solid waste that is—
‘‘(A) generated by an industrial facility;
and
‘‘(B) transported for the purpose of treat-
ment, storage, or disposal to a facility that is
owned or operated by the generator of the
waste, or is located on property owned by the
generator of a company with which the genera-
tor is affiliated.
‘‘(6) Any medical waste that is segregated from
or not mixed with other solid waste.
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) AFFECTED
LOCAL
GOVERNMENT.—For
any landfill or incinerator, the term ‘affected local
government’ shall mean the public body authorized
by State law to plan for the management of munici-
pal solid waste, a majority of the members of which
are elected officials, for the area in which the landfill
or incinerator is located or proposed to be located,
unless there is no such public body. If there is no
such body, such term shall mean the elected officials
of the city, town, township, borough, county, or par-
ish exercising primary responsibility for the use of
land on which the facility is located or proposed to
be located.
‘‘(2) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means all waste materials
discarded for disposal by households, including sin-
gle and multifamily residences, and hotels and mo-
tels. The term also includes each of the following:
‘‘(A) Waste materials generated by com-
mercial, institutional, and industrial sources.
‘‘(B) Debris resulting from construction,
remodeling, repair, or demolition of structures
other than debris that is not otherwise commin-
gled with other municipal solid waste and has
been determined by the generator, to be con-
taminated. For purposes of determining wheth-
er any such debris is contaminated, the genera-
tor shall conduct representative sampling and
analysis of such debris, the results of which
shall be submitted to the affected local govern-
ment for record keeping purposes only, unless
not required by the affected local government.
Any such debris that has been determined to be
contaminated shall be disposed of in a landfill
that meets, at a minimum, the requirements of
this subtitle.
‘‘(3) 
OUT-OF-STATE
MUNICIPAL
SOLID
WASTE.—The term ‘out-of-State municipal solid
waste’, means, with respect to any State, municipal
solid waste generated outside of the State. The term
includes municipal solid waste generated outside of
the United States.
(b) TABLE OF CONTENTS AMENDMENT.—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 4010 the following new item:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.
Æ