I
104TH CONGRESS
2D SESSION
H. R. 4049
To permit States to prohibit the disposal of solid waste imported from
other nations.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 11, 1996
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 solid
waste imported into the United States from any foreign
country.
‘‘(b) EXEMPTION.—(1) No State prohibition under
subsection (a) shall apply to any solid waste received 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 foreign solid waste; and
‘‘(B) the owner or operator complies with all of
the terms and conditions of the host community
agreement.
The owner or operator shall provide a copy of the host
community agreement, within 90 days after the enactment
of this Act, to the State and affected local government
and make such a copy available for inspection by the pub-
lic in the affected local community.
‘‘(2) REQUIREMENT FOR COMPLIANCE WITH CER-
TAIN REQUIREMENTS.—The exemption under this sub-
section shall not apply to a solid waste disposal facility
in operation on the date of the enactment of this section
if the State determines that the facility was not in compli-
ance as of such date with applicable Federal and State
laws and regulations relating to facility operation and de-
sign and—
‘‘(A) in the case of landfills, facility location
standards, leachate collection standards, ground-
water monitoring standards, and standards for fi-
nancial assurance and for closure and post-closure
and corrective action, or
‘‘(B) in the case of incinerators, the applicable
requirements of section 129 of the Clean Air Act (42
U.S.C. 7429),
and that 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 landfill or in-
cinerator is located or proposed to be located,
or
‘‘(B) if there is no such body created 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 waste’, means waste generated outside 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 or permit, to accept for dis-
posal waste from outside the United States. The lan-
guage for such authorization may vary as long as it
reasonably evidences such approval or consent. The
term shall not include general references to the re-
ceipt of waste from outside the jurisdiction of the af-
fected local government.’’.
(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