H.R.1346 - State and Local Government Interstate Waste Control Act of 1997105th Congress (1997-1998)
|Sponsor:||Rep. Gilchrest, Wayne T. [R-MD-1] (Introduced 04/16/1997)|
|Committees:||House - Commerce|
|Latest Action:||04/29/1997 Referred to the Subcommittee on Finance and Hazardous Materials. (All Actions)|
This bill has the status Introduced
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Summary: H.R.1346 — 105th Congress (1997-1998)All Bill Information (Except Text)
Introduced in House (04/16/1997)
State and Local Government Interstate Waste Control Act of 1997 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator from receiving out-of-State municipal solid waste for disposal or incineration unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing host community agreement or an exemption from this prohibition (which may be limited by the State, as provided in this Act). Requires owners or operators to make specified information regarding the landfill or incinerator (facility) available prior to seeking authorization from an affected local government to receive such waste pursuant to a new host community agreement. Sets forth other formal requirements for the authorization process, including those for notification of the State, contiguous local governments, and contiguous Indian tribes. Requires, for an exemption, that the owner or operator provide either information establishing that: (1) the owner or operator of the facility received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) the facility received shipments of such waste during 1993, and such information is in such documented form as would result in criminal penalties under State law in case of false or misleading information.
Authorizes States to establish limits on the amount of out-of-State waste received annually for disposal at each facility pursuant to an exemption for documented shipments (under clause (2), above) and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Sets the limitation amount for any facility that began receiving documented out-of-State waste before enactment of this Act at the amount received during 1993 (zero if no such waste was received at the facility during that year). Authorizes States that imported more than 750,000 tons of such waste in 1993, in lieu of this freeze, to establish limits for calendar years after 1997 that are percentages of the waste received during 1993, beginning with 85 percent in 1998 and declining to 50 percent after 2000.
Allows any comprehensive solid waste management plan approved under Federal or State law and any implementation of such plan through the State permitting process to take into account local regional needs for solid waste disposal capacity. Allows an affected local government to determine that there is no need for a new landfill or incinerator or major modification at an existing facility under its jurisdiction, but prohibits a plan from expressly prohibiting importation of solid waste from out of State.
Allows States to require that a permit issued for a new landfill or incinerator or an expansion include an annual limitation of not less than 20 percent on the total quantity of out-of-State municipal solid waste relative to the total waste received by the facility. Requires any such limitation to be uniformly applied and prohibits discrimination (absent agreement otherwise) against shipments of out-of-State waste on the basis of State of origin.
Declares that prohibitions, limitations, and the planning and permitting processes under, and laws and regulations implementing, this Act shall not be considered to impose an undue burden on or to otherwise impair, restrain, or discriminate against interstate commerce.
Requires owners or operators of facilities to annually report to Governors of the States in which the facilities are located the amount of out-of-State waste received during the preceding year.