I
103D CONGRESS
2D SESSION
H. R. 4073
To amend the Solid Waste Disposal Act to permit States and counties
to limit the disposal of out-of-State solid waste, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1994
Mr. GREENWOOD (for himself, Mr. CLINGER, Mr. MURTHA, Mr. MCDADE ,
Mr. HOLDEN, Mr. WALKER, Mr. GEKAS, Mr. MURPHY, Mr. RIDGE, Mr.
KLINK, Mr. SANTORUM, Mr. KANJORSKI, Mr. MCHALE, Mr. SHUSTER,
Mr. GOODLING, and Ms. MARGOLIES-MEZVINSKY) introduced the follow-
ing bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to permit States
and counties to limit the disposal of out-of-State 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 ‘‘Interstate Municipal
Solid Waste Control Act’’.
SEC. 
2. 
INTERSTATE 
TRANSPORTATION 
OF
NONHAZARDOUS SOLID WASTE.
Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding the following
new section at the end thereof:
‘‘SEC. 
4011. 
INTERSTATE 
TRANSPORTATION 
OF
NONHAZARDOUS SOLID WASTE.
‘‘(a) AUTHORITY TO LIMIT QUANTITY IN EXISTING
FACILITIES.—
‘‘(1) LIMIT BASED ON PRIOR YEARS.—The Gov-
ernor of a State may limit the quantity of out-of-
State municipal solid waste received for disposal at
each landfill or incinerator in the State to an annual
quantity equal to the quantity of out-of-State munic-
ipal solid waste received for disposal at the landfill
or incinerator during the calendar year 1990, 1991,
or 1992, whichever is less.
‘‘(2) 30 PERCENT LIMIT.—The Governor of a
State may limit the quantity of out-of-State munici-
pal solid waste received for disposal at a landfill or
incinerator in the State to an annual quantity not
greater than 30 percent of all municipal solid waste
received at that landfill or incinerator during cal-
endar year 1990, 1991, or 1992, whichever is less,
if, during calendar year 1990, 1991, or 1992, that
landfill or incinerator received documented ship-
ments of more than 50,000 tons of out-of-State mu-
nicipal solid waste representing more than 30 per-
cent of all municipal solid waste received at the
landfill or incinerator during the calendar year con-
cerned.
‘‘(3) AUTHORITY TO FURTHER LIMIT.—Begin-
ning with calendar year 1995, the Governor of a
State may limit the disposal of out-of-State munici-
pal solid waste at landfills or incinerators in the
State by reducing the 30 percent annual quantity
limitation in paragraph (2) to 20 percent in each of
calendar years 1996 and 1997, and to 10 percent in
each succeeding calendar year.
‘‘(b) AUTHORITY TO PROHIBIT OUT-OF-STATE MU-
NICIPAL SOLID WASTE DISPOSAL AT CERTAIN LAND-
FILLS AND INCINERATORS.—
‘‘(1) NEW
LANDFILLS
AND
INCINERATORS.—
The Governor of a State may prohibit the disposal
of out-of-State municipal solid waste in any new
landfill or new incinerator in the State.
‘‘(2) LANDFILLS NOT COMPLYING WITH CER-
TAIN LAWS.—The Governor of a State may prohibit
the disposal of out-of-State municipal solid waste in
any landfill that does not meet all applicable Federal
and State laws (including any Federal or State rule
or regulation) relating to design and location stand-
ards, leachate collection, ground water monitoring,
and financial assurance for closure and post-closure
and corrective action.
‘‘(3) INCINERATORS
NOT
COMPLYING
WITH
CERTAIN LAWS.—The Governor of a State may pro-
hibit the disposal of out-of-State municipal solid
waste in any incinerator that does not comply with
section 129 of the Clean Air Act (42 U.S.C. 7429)
and meet all applicable Federal and State laws (in-
cluding any Federal or State rule or regulation) re-
lating to facility design, operations, and emissions.
‘‘(c) INDUSTRIAL SOLID WASTE DISPOSED OF AT
CERTAIN LANDFILLS
OR INCINERATORS.—A Governor
may treat any out-of-State industrial solid waste as out-
of-State municipal solid waste for purposes of this section
if it is disposed of at a landfill or incinerator that receives
municipal solid waste.
‘‘(d) AUTHORITY OF COUNTIES.—The government of
any county may exercise within the county the same au-
thority as that provided to the Governor under subsections
(a), (b), and (c) with respect to out-of-State municipal or
industrial solid waste, except that in applying subsection
(a)(2) in the case of a county, the reference to 30 percent
shall be treated as a reference to 20 percent. In any case
in which both a county and the State in which such county
is located have acted to establish prohibitions or limita-
tions, or both, under subsection (a), (b), or (c), or any
combination thereof, the most restrictive of such prohibi-
tions or limitations shall govern in that county.
‘‘(e) APPLICABILITY AND DISCRIMINATION PROVI-
SIONS.—Any limitation imposed by a Governor under sub-
section (a)(1), (b), or (c) shall be applicable throughout
the State and shall not discriminate against any shipments
of out-of-State solid waste on the basis of State of origin.
Any limitation imposed by a county under subsection (d)
shall be applicable throughout the county and shall not
discriminate against any shipments of out-of-State solid
waste on the basis of State of origin.
‘‘(f) DETERMINATION OF QUANTITY.—(1) Any Gov-
ernor who intends to exercise the authority provided in
subsection (a) shall, within 150 days after the effective
date of this section, submit to the Administrator informa-
tion documenting the quantity of out-of-State municipal
solid waste received for disposal at each landfill and incin-
erator in the State during calendar years 1990, 1991 and
1992. Any county which intends to exercise the authority
provided in subsection (d) shall, within 120 days after the
effective date of this section, submit to the Governor infor-
mation documenting the quantity of out-of-State munici-
pal solid waste received for disposal at each landfill and
incinerator in the county during calendar years 1990,
1991, and 1992, and the Governor shall transmit such in-
formation to the Administrator.
‘‘(2) On receipt of the information submitted pursu-
ant to paragraph (1), the Administrator shall notify the
Governor of each State and the public and shall provide
a comment period of not less than 30 days.
‘‘(3) Not later than 210 days after the effective date
of this section, the Administrator shall publish a list of
the quantity of out-of-State municipal solid waste that was
received during calendar years 1990, 1991 and 1992, at
each landfill and incinerator in each State in which the
Governor intends to exercise the authority provided in sub-
section (a) and at each landfill and incinerator in each
county which intends to exercise the authority provided
in subsection (d).
‘‘(g) AUTHORITY TO RESTRICT IN-STATE MUNICI-
PAL SOLID WASTE EXPORTS.—(1) Except as provided in
paragraph (2), a Governor of a State may limit or prohibit
the exportation outside the State of municipal solid waste
generated in the State, in accordance with the comprehen-
sive waste management plan of the affected local solid
waste planning unit, or, if such a plan does not exist, in
accordance with State law.
‘‘(2) A Governor may not limit or prohibit the expor-
tation of materials consisting solely of materials that have
been separated from municipal solid waste for recycling.
‘‘(h) REPORTING REQUIREMENTS.—The Governor of
each State exercising any authority under subsection (a),
(b) or (c) shall submit a report to the Administrator not
less frequently than annually documenting the quantities
of out-of-State municipal and industrial solid waste dis-
posed of in landfills and incinerators in that State which
accept municipal solid waste. Each county exercising any
authority under subsection (d) shall submit a report to
the State not less frequently than annually documenting
the quantities of out-of-State municipal and industrial
solid waste disposed of in landfills and incinerators in that
county which accept municipal solid waste, and the State
shall submit such report to the Administrator. Each such
report shall specify the percentage of the total amount of
solid waste disposed of in each such landfill and inciner-
ator that is comprised of such out-of-State municipal and
industrial solid waste.
‘‘(i) EXEMPTIONS.—The provisions of this section
shall not apply to the following:
‘‘(1) MATERIAL TO BE RECYCLED, RECLAIMED,
OR REUSED.—Any metal, pipe, glass, plastic, paper,
textile, or other material that has been separated or
diverted from municipal solid waste and has been
transported into the State for the purpose of recy-
cling or reclamation and any material or product re-
turned from a dispenser or distributor to the manu-
facturer for credit, evaluation, or possible reuse.
This paragraph shall not apply to any material dis-
posed of in a landfill or incinerator.
‘‘(2) INTERNAL
DISPOSAL.—Any solid waste
that is generated by an industrial facility and trans-
ported for the purpose of treatment, storage, or dis-
posal to a facility that is owned or operated by the
generator of the waste, or is located on property
owned by the generator or any affiliated person.
‘‘(3) AIR TRANSPORTATION WASTE.—Any solid
waste generated incident to the provision of service
in interstate, intrastate, foreign, or overseas air
transportation.
‘‘(j) DEFINITIONS.—For purposes of this section:
‘‘(1) NEW LANDFILL.—The term ‘new landfill’
means any landfill or portion thereof other than an
existing landfill.
‘‘(2) EXISTING LANDFILL.—The term ‘existing
landfill’ means either of the following:
‘‘(A) A landfill or portion thereof author-
ized to receive waste under a permit under
State law was issued before the enactment of
this section; and which received shipments of
out-of-State municipal solid waste during cal-
endar year 1990, 1991, or 1992.
‘‘(B) A proposed landfill or portion thereof
that, prior to January 1, 1993, received both of
the following:
‘‘(i) An approval from either the af-
fected local government or the local solid
waste planning unit to receive municipal
solid waste generated outside the jurisdic-
tion of the affected local government, the
solid waste planning unit, or the State in
which the landfill is located.
‘‘(ii) A notice of decision from the
State to grant a construction permit.
‘‘(3) NEW INCINERATOR.—The term ‘new incin-
erator’ means any incinerator other than an existing
incinerator.
‘‘(4) EXISTING INCINERATOR.—The term ‘exist-
ing incinerator’ means an incinerator in operation on
the date of enactment of this section that received,
during calendar year 1990, 1991, or 1992 docu-
mented shipments of out-of-State municipal solid
waste.
‘‘(5) OUT-OF-STATE WASTE.—The term ‘out-of-
State waste’ means, with respect to a State, waste
generated outside of the State. With respect to a
county, such term means waste generated outside of
the State in which such county is located. Such term
includes waste generated outside of the United
States.
‘‘(6) MUNICIPAL
SOLID
WASTE.—The term
‘municipal solid waste’ means refuse (and refuse-de-
rived fuel) generated by the general public or from
a residential, commercial, institutional, or industrial
source (or any combination thereof), consisting of
paper, wood, yard wastes, plastics, leather, rubber,
or other combustible or noncombustible materials
such as metal or glass (or any combination thereof).
The term does not include any of the following:
‘‘(A) Any solid waste identified or listed as
a hazardous waste under section 3001.
‘‘(B) Any solid waste, including contami-
nated soil and debris, resulting from a response
action taken under section 104 or 106 of the
Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9604 or
9606) or a corrective action taken under this
Act.
‘‘(C) Any medical waste that is segregated
from or not mixed with municipal solid waste.
‘‘(7) INDUSTRIAL SOLID WASTE.—The term ‘in-
dustrial solid waste’ means solid waste generated
from manufacturing or industrial processing oper-
ations that is not identical to municipal solid waste
with respect to the physical and chemical state of
the waste and the composition of the waste. The
term includes construction and demolition debris.
‘‘(8) AFFILIATED
PERSON.—The term ‘affili-
ated person’ means, with respect to the generator of
any solid waste, any person which controls, is con-
trolled by, or is under common control with the gen-
erator.’’.
SEC. 3. 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 of nonhazardous solid waste.’’.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date 6 months after enactment.
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