S.2877 - Interstate Transportation of Municipal Waste Act of 1992102nd Congress (1991-1992)
|Sponsor:||Sen. Baucus, Max [D-MT] (Introduced 06/18/1992)|
|Committees:||House - Energy and Commerce|
|Latest Action:||12/22/1992 Referred to the Subcommittee on Transportation and Hazardous Materials. (All Actions)|
|Major Recorded Votes:||07/23/1992 : Passed Senate|
This bill has the status Passed Senate
Here are the steps for Status of Legislation:
- Passed Senate
Subject — Policy Area:
- Environmental Protection
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Summary: S.2877 — 102nd Congress (1991-1992)All Bill Information (Except Text)
Passed Senate amended (07/23/1992)
Interstate Transportation of Municipal Waste Act of 1992 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government and an affected local solid waste planning unit, to: (1) prohibit the disposal of out-of-State municipal waste in any landfill or incinerator subject to the jurisdiction of the Governor or the affected local government; or (2) with respect to landfills covered by the exception under this Act, limit the amount of out-of-State municipal waste received at such landfills to an amount equal to the amount of out-of-State waste received during 1991 or twice the volume of the first six months of 1992, whichever is less.
Requires such governments and planning units to provide for public comment before submitting such requests.
Prohibits Governors from exercising authority under this Act if such action would result in the violation of a legally binding contract for: (1) receipt of waste generated outside the jurisdiction of the affected local government; (2) disposal of such waste, except to the extent that the amount of such waste exceeds the amount imported under such a contract in 1991 or twice the volume of the first six months of 1992, whichever is less; or (3) for disposal of such waste that was entered into after June 18, 1992, as the result of a host agreement or a legally binding contract that authorizes the receipt of such waste by a landfill or incinerator.
Permits Governors of States identified as having received more than 1,000,000 tons of out-of-State waste during 1991 to limit the disposal of out-of-State waste at landfills subject to exceptions under this Act without a request from an affected local government and solid waste planning unit. Authorizes Governors, with respect to such landfills and if requested by an affected local government and solid waste planning unit, to prohibit the disposal of such waste in landfill cells that do not meet design and locational standards and leachate collection and groundwater monitoring requirements of State laws and regulations in effect on January 1, 1992, for new landfills. Authorizes further restrictions, beginning in 1999, on the disposal of out-of-State waste in States receiving more than 1,000,000 tons of such waste by prohibiting the annual volume of out-of-State waste from exceeding 20 percent of all waste received at the landfill in 1999 and ten percent of all waste received in each succeeding year.
Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin with respect to limitations and responses to requests by local governments.
Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1991 and are in compliance with State laws relating to design and locational standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to April 29, 1992, received an approval from the affected local government to receive municipal waste generated outside of the county or State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1991 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations.
Bars a Governor, after January 1, 1997, from prohibiting or limiting the disposal of such waste unless all operating municipal waste landfill cells in the State: (1) meet the design and location standards applicable to such cells after October 1993; or (2) are on enforceable schedules to stop receiving waste by January 1, 2000, and to implement closure plans.
Directs the Administrator of the Environmental Protection Agency to study and report to the Congress on: (1) solid waste management issues associated with anticipated increased border use at such time as the North American Free Trade Agreement may become effective; and (2) border traffic of solid waste resulting from the U.S.--Canadian Free Trade Agreement and the U.S.--Canadian border region.
Requires the General Accounting Office to conduct a study of the interstate transportation of non-hazardous industrial manufacturing wastes.