S.2384 - A bill to amend the Solid Waste Disposal Act to require the owner or operator of a solid waste disposal facility to obtain authorization from the affected local government before accepting waste generated outside of the State, and for other purposes.102nd Congress (1991-1992)
|Sponsor:||Sen. Coats, Daniel [R-IN] (Introduced 03/20/1992)|
|Committees:||Senate - Environment and Public Works|
|Latest Action:||Senate - 03/20/1992 Read twice and referred to the Committee on Environment and Public Works. (All Actions)|
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Summary: S.2384 — 102nd Congress (1991-1992)All Information (Except Text)
Introduced in Senate (03/20/1992)
Amends the Solid Waste Disposal Act to make it unlawful for owners or operators of landfills, incinerators, or other waste disposal facilities in a State from receiving municipal solid waste generated outside the State unless they obtain authorization from the affected local government or meet other conditions under this Act.
Requires local governments to notify the State Governor of such authorization. Permits a State Governor to disapprove an authorizations if the authorization will result in the disposal of municipal solid waste generated outside of the State in an amount exceeding 30 percent of the total volume of such waste disposed of in the State in the preceding year. Authorizes local governments, in issuing such authorizations, to impose fees and limitations on the amount of waste received for disposal. Terminates an authorization if a facility's operating permit is revoked or suspended or if a permit renewal application is denied.
Exempts from this Act's prohibition owners or operators of landfills that: (1) meet certain State and Federal requirements concerning design standards, leachate collection, groundwater monitoring, and financial assurance for closure and corrective action; (2) received waste generated outside the State in a manner consistent with a written contract during February 1992; and (3) for each year between 1992 and 1996, did not receive municipal solid waste generated outside the State in an amount exceeding the total amount received in 1991. Exempts owners or operators of incinerators or other waste disposal facilities that meet the contract requirements and amount limitations applicable to landfills, as well as new source performance standards and other requirements of the Clean Air Act.
Considers expansions of landfills, incinerators, or waste disposal facilities to be separate facilities requiring authorization. Exempts owners or operators of such facilities from the requirement to obtain additional authorizations if: (1) at the time they obtained authorization, they owned or possessed an option to purchase the land on which the expansion is proposed to occur; and (2) the area of expansion was indicated in documents filed with the affected local government before obtaining authorization.
Directs State Governors to submit State municipal solid waste management plans to the Administrator of the Environmental Protection Agency. Requires such plans to cover a period of at least ten years and to be reviewed by the Governor at least every five years.
Makes it unlawful for owners or operators of landfills, incinerators, or other waste disposal facilities to receive municipal solid waste generated in another State if the exporting State does not have an approved plan. Permits such owners or operators located in a State without an approved plan to receive municipal solid waste generated outside the State if the exporting State has a plan in effect.
Prescribes civil and criminal penalties for violations of this Act.
Authorizes States to impose fees for the disposal of solid waste generated outside the State if the fee does not exceed $10 per ton of waste disposal and the State uses such amounts to fund solid waste management activities.