Text: H.R.2587 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2587 IH
102d CONGRESS
1st Session
 H. R. 2587
To amend the Solid Waste Disposal Act to authorize States to regulate the
interstate transportation of solid waste, to authorize a private right of
action to enforce any such regulation, and to require any such regulation
to include certain civil and criminal penalties.
IN THE HOUSE OF REPRESENTATIVES
June 7, 1991
Mr. GLICKMAN (for himself and Mr. NICHOLS) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to authorize States to regulate the
interstate transportation of solid waste, to authorize a private right of
action to enforce any such regulation, and to require any such regulation
to include certain civil and criminal penalties.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF STATES TO REGULATE SOLID WASTE IN INTERSTATE
COMMERCE.
  (a) AMENDMENT OF SOLID WASTE DISPOSAL ACT- Subtitle D of the Solid Waste
  Disposal Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the
  following new section:
`SEC. 4011. AUTHORIZATION OF STATES TO REGULATE SOLID WASTE IN INTERSTATE
COMMERCE.
  `(a) AUTHORITY- Subject to subsections (b), (c), and (d), each State is
  authorized to enact and enforce laws regulating the treatment and disposal
  within such State of solid waste generated in another State, including
  laws imposing a ban on the importing into such State or any part thereof,
  of solid waste for its treatment or disposal, or laws otherwise regulating
  the importing into such State of solid waste for its treatment or disposal.
  `(b) CIVIL AND CRIMINAL PENALTIES- Any law enacted by a State pursuant
  to the authority in subsection (a) shall require that any individual who
  violates the requirements of the law be subject to (1) a civil penalty of
  a fine in an amount not to exceed $1,000,000 and (2) a criminal penalty
  of a fine in an amount not to exceed $1,000,000, or imprisonment for not
  more than 1 year, or both.
  `(c) LIMITATION ON APPLICABILITY- Nothing in this section shall apply to--
  `(1) any hazardous waste regulated under subtitle C of this Act (42
  U.S.C. 6921);
  `(2) any solid waste, hazardous waste, hazardous substance, including
  contaminated soil and debris, resulting from a response action taken under
  section 104 or 106 of the Comprehensive Environmental Response, Compensation,
  and Liability Act of 1980 (42 U.S.C. 9604 and 9606, respectively) or a
  corrective action taken under this Act;
  `(3) any hazardous chemical substance or mixture regulated under section
  6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e));
  `(4) any metal, pipe, glass, plastic, paper, textile, or other material that
  has been separated or otherwise diverted from solid waste, and that has been
  transported into such State for the purposes of recycling or reclamation; or
  `(5) any nonhazardous solid waste produced by an industry that is transported
  for the purpose of treatment, storage, or disposal to a facility owned or
  operated by the original generator of the waste.
  `(d) STATE RESPONSIBILITIES- Each State shall be responsible for providing,
  either by itself or in cooperation with other States, a plan to adequately
  dispose of all solid waste that is generated within the State. Within 12
  months after the date of the enactment of this section, each State shall
  submit its plan to the Environmental Protection Agency for approval.
  `(e) REGIONAL COMPACTS FOR SOLID WASTE DISPOSAL-
  `(1) FEDERAL POLICY- It is the policy of the Federal Government that the
  responsibilities of the States under subsection (d) for the disposal of
  solid waste can be most safely and effectively managed on a regional basis.
  `(2) INTERSTATE COMPACTS- To carry out the policy set forth in paragraph
  (1), the States may enter into such compacts as may be necessary to provide
  for the establishment and operation of regional disposal facilities for
  solid waste.
  `(f) CIVIL ACTIONS-
  `(1) CITIZEN SUITS- Any person may commence a civil action on his own
  behalf against a person who violates any provision of a State law enacted
  pursuant to the authority provided in subsection (a).
  `(2) VENUE- Any action under paragraph (1) shall be brought in the district
  court for the district in which the alleged violation occurred.
  `(3) RELIEF- The district court shall have jurisdiction in actions brought
  under paragraph (1) against an owner or operator of a facility to enforce
  the requirement concerned and to impose any civil penalty provided for
  violation of that requirement.
  `(4) COSTS- The court, in issuing any final order in any action brought
  pursuant to this subsection, may award costs of litigation (including
  reasonable attorney and expert witness fees) to the prevailing or the
  substantially prevailing party whenever the court determines such an award
  is appropriate.
  `(g) EPA AUTHORITY- The Administrator shall have the authority to propose
  and promulgate regulations exempting waste types or recycling practices
  from the authority granted in this section.
  `(h) STATE AUTHORITY PRESERVED- Except as expressly provided in this Act,
  nothing contained in this Act expands, diminishes, or otherwise affects
  State law.'.
  (b) TECHNICAL AMENDMENT- The table of contents for subtitle D of such Act
  (contained in section 1001 of such Act) is amended by adding at the end
  the following new item:
`Sec. 4011. Authorization of States to regulate solid waste in interstate
commerce.'.