I
103D CONGRESS
1ST SESSION
H. R. 963
To amend the Solid Waste Disposal Act to authorize local governments
and Governors to restrict receipt of out-of-State municipal solid waste.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mr. BOUCHER (for himself, Mr. UPTON, Mr. BONIOR, Mr. TAUZIN, Mr. SLAT-
TERY, Mr. BARTON
of Texas, Mr. COLEMAN, Ms. NORTON, Mr.
SARPALIUS, Mr. SPRATT, Mr. SANDERS, and Mr. GILCHREST) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
SEPTEMBER 8, 1993
Additional sponsors: Mr. COOPER, Mr. HENRY, Mr. ZELIFF, Mr. HOBSON,
Mr. MOLLOHAN, Mr. MCCLOSKEY, Mr. BLILEY, Mr. NEAL of North
Carolina, Mr. WISE, Mr. KILDEE, Mr. LEVIN, Ms. FURSE, Ms. MCKIN-
NEY, Ms. DANNER, Mr. COSTELLO, Mr. BROWN of California, and Mr.
STUPAK
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.
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 1991, 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 1991, 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.—
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 1991 or any 12
consecutive months between January 1, 1991, and
June 30, 1992, whichever is less, as determined by
the Governor in submitting information under para-
graph (4).
‘‘(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
mined by the Governor in submitting information
under subparagraph (A).
‘‘(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
and the affected local government and which
authorizes the landfill to receive municipal solid
waste generated outside the jurisdiction of the
affected local government; or
‘‘(ii) a written, legally binding contract for
disposal at a landfill of municipal solid waste
generated outside the State in which the landfill
is located that was in effect on May 31, 1992.
‘‘(f) CONTINUED APPLICABILITY OF SECTION CONDI-
TIONED ON CERTAIN LANDFILL REQUIREMENTS.—Sub-
sections (a) through (e) of this section shall not apply
after January 1, 1997, in a State unless each operating
municipal solid waste landfill in the State—
‘‘(1) meets the design and location standards
that are applicable to landfills constructed on and
after October 1993; or
‘‘(2) is on an enforceable schedule—
‘‘(A) to stop receiving waste by January 1,
2000; and
‘‘(B) to implement a closure plan.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘affected local government’, with
respect to a landfill, incinerator, or other waste dis-
posal facility, means the elected officials of the city,
town, borough, county, or parish in which the facil-
ity is located. Within 90 days after enactment of this
section, the Governor of each State shall designate
and publish notice of which entity listed in the pre-
ceding sentence shall serve as the affected local gov-
ernment for purposes of actions taken under this
section after the date of publication of such notice.
No such designation shall affect host agreements
concluded before the date of publication of such no-
tice. If the Governor fails to make such designation,
the affected local government shall be the city, town,
borough, county, parish, or other public body created
by or pursuant to State law with primary jurisdic-
tion over the use of the land on which the facility
is located or proposed to be located.
‘‘(2) The term ‘affected local solid waste plan-
ning unit’ means a political subdivision of a State
with authority relating to solid waste management
planning in accordance with state law.
‘‘(3) The term ‘out-of-State municipal solid
waste’, with respect to a State, means municipal
solid waste generated outside of the State.
‘‘(4) The term ‘municipal solid waste’ means
solid waste that is refuse (and refuse-derived fuel)
generated by the general public and from residential,
commercial, institutional, and industrial sources con-
sisting of paper, wood, yard wastes, food wastes,
plastics, leather, rubber, and other combustible ma-
terials and noncombustible materials such as metal,
glass, and rock. The term does not include—
‘‘(A) hazardous waste or waste containing
polychlorinated biphenyls;
‘‘(B) industrial waste;
‘‘(C) medical waste;
‘‘(D) recyclable materials that have been
separated from waste otherwise destined for
disposal (either at the source of the waste or at
processing facilities) or that have been managed
separately from waste destined for disposal; and
‘‘(E) materials and products returned from
a dispenser or distributor to the manufacturer
or its agent for credit, evaluation, and possible
reuse.
‘‘(5) The term ‘host agreement’ means a writ-
ten, legally binding agreement, lawfully entered into
between an owner or operator of a landfill or incin-
erator and an affected local government that author-
izes the landfill or incinerator to receive municipal
solid waste generated outside the jurisdiction of the
affected local government.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of the Solid Waste Disposal Act is amended
by adding at the end of the items relating to subtitle D
the following new item:
‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.
Æ