Union Calendar No. 397
103D CONGRESS
2D SESSION
H. R. 4779
[Report No. 103–720]
A BILL
To amend the Solid Waste Disposal Act to author-
ize local governments and Governors to restrict
receipt of out-of-State municipal solid waste, and
for other purposes.
SEPTEMBER 16, 1994
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 397
103D CONGRESS
2D SESSION
H. R. 4779
[Report No. 103–720]
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
SEPTEMBER 16, 1994
Additional sponsors: Mr. GILLMOR, Mr. GREENWOOD, Mr. HOLDEN, Mr.
MCHALE, and Mr. ROGERS
SEPTEMBER 16, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 19, 1994]
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 ‘‘State and Local Govern-
ment Interstate Waste Control Act of 1994’’.
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
after section 4010 the following new section:
‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL
OF MUNICIPAL SOLID WASTE.
‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE
WASTE.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION.—A landfill or incin-
erator in a State may not receive for disposal or
incineration any out-of-State municipal solid
waste unless the owner or operator of such land-
fill or incinerator obtains explicit authorization
(as part of a host community agreement) from
the affected local government to receive the waste.
‘‘(B) 
REQUIREMENTS
FOR
AUTHORIZA-
TION.—An authorization granted pursuant to
subparagraph (A) shall—
‘‘(i) be granted by formal action at a
meeting;
‘‘(ii) be recorded in writing in the offi-
cial record of the meeting; and
‘‘(iii) remain in effect according to its
terms.
‘‘(C) DISCRETIONARY
TERMS
AND
CONDI-
TIONS.—An authorization granted pursuant to
subparagraph (A) may specify terms and condi-
tions, including an amount of out-of-State waste
that an owner or operator may receive and the
duration of the authorization.
‘‘(D) NOTIFICATION.—Promptly, but not
later than 90 days after an authorization is
granted, the affected local government shall no-
tify the Governor, contiguous local governments,
and any contiguous Indian tribes of an author-
ization granted under this subsection.
‘‘(2) INFORMATION.—Prior to seeking an author-
ization to receive out-of-State municipal solid waste
pursuant to this subsection, the owner or operator of
the facility seeking such authorization shall provide
(and make readily available to the Governor, each
contiguous local government and Indian tribe, and
any other interested person for inspection and copy-
ing) the following information:
‘‘(A) A brief description of the facility, in-
cluding, with respect to both the facility and any
planned expansion of the facility, the size, ulti-
mate waste capacity, and the anticipated month-
ly and yearly quantities of (expressed in terms
of volume) waste to be handled.
‘‘(B) A map of the facility site indicating
location in relation to the local road system and
topography and hydrogeological features. The
map shall indicate any buffer zones to be ac-
quired by the owner or operator as well as all
facility units.
‘‘(C) A description of the then current envi-
ronmental characteristics of the site, a descrip-
tion of ground water use in the area (including
identification of private wells and public drink-
ing water sources), and a discussion of alter-
ations that may be necessitated by, or occur as
a result of, the facility.
‘‘(D) A description of environmental con-
trols typically required to be used on the site
(pursuant to permit requirements), including
run on or run off management (or both), air pol-
lution control devices, source separation proce-
dures (if any), methane monitoring and control,
landfill covers, liners or leachate collection sys-
tems, and monitoring programs. In addition, the
description shall include a description of any
waste residuals generated by the facility, includ-
ing leachate or ash, and the planned manage-
ment of the residuals.
‘‘(E) A description of site access controls to
be employed, and 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 require-
ments of the facility, including information re-
garding the probable skill and education levels
required for jobs at the facility. To the extent
practicable, the information shall distinguish be-
tween employment statistics for preoperational
and postoperational levels.
‘‘(H) Any information that is required by
State or Federal law to be provided with respect
to any violations of environmental laws (includ-
ing regulations) by the owner, the operator, and
any subsidiary of the owner or operator, the dis-
position of enforcement proceedings taken with
respect to the violations, and corrective action
and rehabilitation measures taken as a result of
the proceedings.
‘‘(I) Any information that is required by
State or Federal law to be provided with respect
to gifts and contributions made by the owner or
operator.
‘‘(J) Any information that is required by
State or Federal law to be provided with respect
to compliance by the owner or operator with the
State solid waste management plan.
‘‘(3) NOTIFICATION.—Prior to taking formal ac-
tion with respect to granting authorization to receive
out-of-State municipal solid waste pursuant to this
subsection, an affected local government shall—
‘‘(A) notify the Governor, contiguous local
governments, and any contiguous Indian tribes;
‘‘(B) publish notice of the action in a news-
paper of general circulation at least 30 days be-
fore holding a hearing and again at least 15
days before holding the hearing, except where
State law provides for an alternate form of pub-
lic notification; and
‘‘(C) provide an opportunity for public
comment in accordance with State law, includ-
ing at least 1 public hearing.
‘‘(b) AUTHORIZATION NOT REQUIRED FOR CERTAIN
FACILITIES.—
‘‘(1) IN
GENERAL.—A landfill or incinerator
may receive for disposal or incineration out-of-State
municipal solid waste in the absence of an authoriza-
tion under subsection (a) if each of the following re-
quirements are met:
‘‘(A) The owner or operator shall provide ei-
ther of the following to the Governor of the State
in which the landfill or incinerator is located
and to the affected local government:
‘‘(i) Information establishing that, be-
fore the date of the enactment of this sec-
tion, the owner or operator of the landfill or
incinerator has entered into a host commu-
nity agreement or received a State permit,
specifically authorizing the owner or opera-
tor to accept, at the landfill or incinerator,
out-of-State municipal solid waste. This
clause shall be effective only if the owner or
operator complies with all of the terms and
conditions of the host community agreement
or permit and, in the case of a permit, noti-
fies the affected local government of the per-
mit, as soon as practicable but not later
than 90 days after the date of enactment of
this section.
‘‘(ii) Information establishing that
during 1993, the landfill or incinerator re-
ceived shipments of out-of-State municipal
solid waste. Such information shall be in
such documented form as will result in
criminal penalties under State law in case
of false or misleading information. Such in-
formation shall include information about
the date of shipment, place of origin of the
waste, and the type of waste.
‘‘(B) In the case of a landfill or incinerator
in operation on the date of the enactment of this
section, the landfill or incinerator must be in
compliance as of such date with applicable Fed-
eral and State environmental laws (including
regulations), including, in the case of landfills,
applicable laws and regulations relating to de-
sign and location standards, leachate collection,
ground water monitoring, and financial assur-
cilities in the importing State in which a limit is es-
tablished under this paragraph. For any calendar
year after 1994, the percentage shall be as specified
in the following table:
Applicable
‘‘Calendar year:
Percentage:
1996 ................................................................................................
1997 ................................................................................................
1998 ................................................................................................
1999 ................................................................................................
after 1999 .......................................................................................
50.
‘‘(d) NEEDS DETERMINATION.—Any comprehensive
solid waste management plan approved under Federal or
State law and any implementation of such plan through
the State permitting process may take into account local
and regional needs for solid waste disposal capacity. An
affected local government may make a determination that
there is no local or regional need for a new landfill or incin-
erator or major modification to an existing facility in the
area under the jurisdiction of the affected local government.
Such determination shall be based on a finding that the
proposed facility does not have a host community agreement
or is inconsistent with the capacity needs established in the
comprehensive solid waste management plan adopted by the
affected local government pursuant to State law. No com-
prehensive solid waste management plan may expressly
prohibit the importation of municipal solid waste from out
of State.