S 2877 IS
102d CONGRESS
2d Session
S. 2877
Interstate Transportation of Municipal Waste Act of 1992.
IN THE SENATE OF THE UNITED STATES
June 18 (legislative day, JUNE 16), 1992
Mr. COATS (for Mr. BAUCUS) (for himself and Mr. COATS) introduced the
following bill; which was read the first time
A BILL
Interstate Transportation of Municipal Waste Act of 1992.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Interstate Transportation of Municipal Waste
  Act of 1992'.
SEC. 2. INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE.
  Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is
  amended by adding at the end thereof the following new section:
`INTERSTATE TRANSPORTATION OF MUNICIPAL WASTE
  `SEC. 4011. (a) Authority to Restrict Out-of-State Municipal Waste-
  `(1)(A) Except as provided in subparagraph (C) of this paragraph and in
  subsection (b), if requested in writing by both an affected local government
  and, if a local solid waste planning unit exists under State law, by an
  affected local solid waste planning unit, a Governor may--
  `(i) prohibit the disposal of out-of-State municipal waste in any landfill
  or incinerator that is subject to the jurisdiction of the Governor or the
  affected local government; or
  `(ii) with respect to landfills covered by the exception provided in
  subsection (b)(1), limit the amount of out-of-State municipal waste received
  for disposal at each such landfill in the State to an amount equal to the
  amount of out-of-State municipal waste received for disposal at the landfill
  during the calendar year 1991 or 1992, whichever is less, as determined
  by the Administrator in accordance with paragraph (4) of this subsection.
  `(B) Prior to submitting a request under this section to prohibit or limit
  the disposal of out-of-State municipal 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.
  `(C) A Governor may not exercise the authority granted under this section
  if such action would result in the violation of or failure to perform any
  provision of--
  `(i) a written, legally binding contract that was lawfully entered into
  by the affected local government and which authorizes a landfill or
  incinerator to receive municipal waste generated outside the jurisdiction
  of the affected local government;
  `(ii) a written, legally binding contract for disposal of municipal waste
  generated outside the jurisdiction of the affected local government that
  was in effect on (date of introduction); or
  `(iii) a written, legally binding contract for disposal of municipal waste
  generated outside the jurisdiction of the affected local government that is
  consistent with, and was lawfully entered into after (date of introduction),
  as the result of--
  `(I) a host agreement; or
  `(II) a written, legally binding, contract that was lawfully entered into by
  the affected local government and authorizes a landfill or incinerator to
  receive municipal waste generated outside the jurisdiction of the affected
  local government.
  `(D) A Governor may require that contracts covered by (i), (ii), or (iii)
  of subparagraph (C) of this paragraph be filed with the State.
  `(2) Except as provided in paragraph (1)(C), a Governor, of a State
  identified by the Administrator in accordance with paragraph (4) of this
  subsection, as having received for disposal more than one million tons of
  out-of-State municipal waste during calendar year 1991 may, with respect to
  landfills covered by the exceptions provided in subsection (b), beginning
  with calendar year 1993--
  `(A) notwithstanding the absence of a request in writing by the affected
  local government and the affected local solid waste planning unit, if any--
  `(i) limit the amount of out-of-State municipal waste received for disposal
  at each such landfill in the State to an amount equal to the amount of
  out-of-State municipal waste received for disposal at the landfill during
  the calendar year 1991 or 1992, whichever is less; and
  `(ii) limit the disposal of out-of-State municipal waste at landfills that
  received, during calendar year 1991, documented shipments of more than
  one hundred thousand tons of out-of-State municipal waste representing
  more than 30 per centum of all municipal waste received at the landfill
  during the calendar year, by prohibiting at such landfills the disposal
  of out-of-State municipal waste in volumes greater than 30 per centum of
  all municipal waste received at the landfill during calendar year 1991, or
  `(B) if requested in writing by the affected local government and the
  affected local solid waste planning unit, if any, prohibit the disposal
  of out-of-State municipal waste in landfill cells that do not meet the
  design and locational standards and leachate collection and ground water
  monitoring requirements of State law and regulations in effect on January 1,
  1992, for new landfills.
  `(3)(A) Any limitation imposed by the Governor under subparagraph (A),
  of paragraph (2), shall be applicable throughout the State, shall not
  discriminate against any particular landfill within such State, and shall
  not discriminate against any shipments of out-of-State municipal waste on
  the basis of State of origin.
  `(B) In responding to requests by affected local governments under
  subparagraph (1)(A) of this subsection, and subparagraph (B) of paragraph
  (2), the Governor shall respond in a consistent manner that does not
  discriminate against any particular landfill within the State and does not
  discriminate against any shipments of out-of-State municipal waste on the
  basis of State of origin.
  `(4)(A) Any Governor who intends to exercise the authority provided in
  this section shall, within sixty days after the date of enactment of this
  section, submit to the Administrator information documenting the amount
  of out-of-State municipal waste received for disposal in the Governor's
  State during calendar year 1991, and calendar year 1992.
  `(B) Upon receipt of such information, the Administrator shall notify the
  Governor of each State and the public and shall provide a comment period
  of not less than thirty days.
  `(C) Not later than sixty days after receipt of information a Governor
  who intends to exercise the authority provided in this paragraph, the
  Administrator shall determine--
  `(i) the amount of out-of-State municipal waste that was received at each
  landfill covered by the exceptions provided in subsection (b) for disposal
  in the State during calendar year 1991 and calendar year 1992, and
  `(ii) whether the State received for disposal more than one million tons
  of out-of-State municipal waste during calendar year 1991.
The Governor of each State and the public shall receive notice of the
determinations of the Administrator.
  `(D) Not later than one hundred and twenty days after the date of enactment
  of this section, the Administrator shall publish a list of--
  `(i) the amount of out-of-State municipal waste that was received at each
  landfill covered by exceptions provided in subsection (b) for disposal in
  the State during calendar year 1991 and calendar year 1992, and
  `(ii) the States identified by the Administrator as having received for
  disposal more than one million tons of out-of-State municipal waste during
  calendar year 1991.
  `(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT OUT-OF-STATE MUNICIPAL WASTE-
  Except as provided in subsection (a)(2), the authority to prohibit the
  disposal of out-of-State municipal waste provided under subsection (a)
  shall not apply to--
  `(1) landfills in operation on the date of enactment of this section that--
  `(A) received, during calendar year 1991, documented shipments of
  out-of-State municipal waste; and
  `(B) on the date of enactment of this section, are in compliance with all
  applicable State laws (including any State rule or regulation) relating
  to design and locational standards, leachate collection, ground water
  monitoring, and financial assurance for closure and post-closure and
  corrective action;
  `(2) proposed landfills that, prior to April 29, 1992, received--
  `(A) an approval from the affected local government to receive at such
  landfill municipal waste generated outside the county or the State in
  which the landfill is located; and
  `(B) a notice of decision from the State to grant a construction permit; or
  `(3) incinerators in operation on the date of enactment of this section
  that--
  `(A) received, during calendar year 1991, documented shipments of
  out-of-State municipal waste;
  `(B) are in compliance with applicable performance standards under section
  129(a) of the Clean Air Act (42 U.S.C. 7429(a)) and applicable monitoring
  requirements under such section, and otherwise meet applicable requirements
  of section 129 of such Act; and
  `(C) are in compliance with all applicable State laws (including any State
  rule or regulation) relating to facility design and operations.
  `(c) LOSS OF AUTHORITY- Notwithstanding the authority provided in subsection
  (a), after January 1, 1997, a Governor may not prohibit or limit the
  disposal of out-of-State municipal waste unless all operating municipal
  waste landfill cells in the State--
  `(1) meet the design and location that are applicable to landfill cells
  after October 1993; or
  `(2) are on enforceable schedules--
  `(A) to stop receiving waste by January 1, 2000; and
  `(B) to implement a closure plan.
  `(d) DEFINITIONS- As used in this section:
  `(1) The term `affected local government' means the elected officials of
  each city, town, borough, county, parish, district, or other public body
  created by or pursuant to State law with primary jurisdiction over the
  use of the land on which the facility is located.
  `(2) The term `affected local solid waste planning 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 waste' means municipal waste generated
  in another State.
  `(4) The term `municipal waste means refuse (and refuse derived fuel)
  generated by the general public and from residential, commercial,
  institutional, and industrial sources, consisting of paper, wood, yard
  wastes, plastics, leather, rubber, and other combustible materials and
  noncombustible materials such as metal, glass, and rock. Such term does
  not include--
  `(A) any solid waste identified or listed as a hazardous waste under
  section 3001 of this Act;
  `(B) any solid waste, including contaminated soil and debris, resulting
  from a response action taken under sections 104 or 106 of the Comprehensive
  Environmental Response, Compensation and Liability Act (42 U.S.C. 9604 or
  9606) or a corrective action taken under this Act;
  `(C) any metal, pipe, glass, plastic, paper, textile, or other material
  that has been separated or otherwise diverted from municipal waste and has
  been transported into the State for the purpose of recycling or reclamation;
  `(D) any solid waste that is--
  `(i) generated by an industry; and
  `(ii) transported for the purpose of treatment, storage, or disposal to a
  facility that is owned or operated by the generator of the waste, or is
  located on the property owned by the generator or a company with which
  the generator is affiliated;
  `(E) any solid waste incident to the proviso of service in interstate,
  intrastate, foreign, or overseas air transportation;
  `(F) any industrial waste that is not identical to municipal waste as to
  physical and chemical state, and composition including construction and
  demolition debris;
  `(G) any medical waste that is segregated from or not mixed with such
  other municipal waste;
  `(H) any material or product returned from a dispenser or distributor to
  the manufacturer for credit, evaluation, or possible reuse.
  `(5) The term `host agreement' means a written, legally binding agreement,
  lawfully entered into between an owner or operator of a landfill or
  incinerator and an affected local government that (A) authorizes the
  landfill or incinerator to receive municipal waste generated outside the
  jurisdiction of the affected local government and (B) if executed after
  (date of introduction), was available for public review and comment prior
  to execution.'.