H.R.1190 - Solid Waste Interstate Transportation and Local Authority Act of 1999106th Congress (1999-2000)
|Sponsor:||Rep. Greenwood, James C. [R-PA-8] (Introduced 03/18/1999)|
|Committees:||House - Commerce|
|Latest Action:||04/06/1999 Referred to the Subcommittee on Finance and Hazardous Materials.|
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Subject — Policy Area:
- Environmental Protection
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Summary: H.R.1190 — 106th Congress (1999-2000)All Bill Information (Except Text)
Introduced in House (03/18/1999)
Solid Waste Interstate Transportation and Local Authority Act of 1999 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste (MSW) 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 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 the owner or operator of the facility: (1) received before enactment of this Act a State permit specifically authorizing acceptance of the waste; or (2) has entered into a binding contract before March 18, 1999, committing to the delivery and receipt of a specific quantity of out-of-State MSW and has permitted capacity actually available on the date of enactment of this Act for receipt of the quantity committed to in the contract.
Authorizes States to establish limits on the amount of out-of-State waste received annually for disposal at each facility and affected local governments to limit the amount received at a particular facility pursuant to such an exemption. Prohibits State limits from conflicting with permits or host community agreements that set higher (or no) limits. 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. Requires such documentation to be such as would result in criminal penalties under State law in case of false or misleading information. Prohibits discrimination against shipments of such waste on the basis of State of origin.
Allows a State to provide by law that it will deny or refuse to renew a permit for the construction or operation of a facility (or a major modification thereto) if: (1) the State has approved a State or local comprehensive MSW management plan developed under Federal or State law; and (2) such denial is based on a determination that there is no local or regional need for the facility in the State.
Allows States to require that a permit issued for a new facility or an expansion include an annual limitation of not less than 20 percent on the total quantity of out-of-State MSW relative to the total waste received by the facility. Allows a facility with specific authorization to receive a specific quantity of out-of-State waste pursuant to a host community agreement entered into prior to enactment of this Act to receive that quantity, notwithstanding the foregoing State requirement. Requires percentage limitations to be uniform for all facilities and not discriminate against out-of-State waste according to the State of origin.
Allows a State to limit the amount of out-of-State MSW received annually at each facility to the amount received during 1995 if the State has enacted a comprehensive, statewide recycling program. Prohibits such limits from conflicting with permits or host community agreements that set higher (or no) limits. Prohibits, in the establishment of limitations, discrimination against shipments of out-of-State waste on the basis of State of origin.
Allows States to impose cost recovery surcharges on the processing, combustion, or disposal of out-of-State waste in a facility in the State and prescribes procedures for the collection and use of such charges.
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. Requires States to publish annual reports on the amount of such waste received for disposal in the State.
Requires the General Accounting Office to report annually to the House Committee on Commerce and the Senate Committee on Environment and Public Works on incidents or circumstances in each State importing MSW in which materials not authorized by permit to be disposed of at a facility have been discovered in such waste.
(Sec. 3) Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclable materials voluntarily relinquished by the owner or generator (recyclables), directing such waste and materials to particular waste management or recyclables facilities designated as of the suspension date (defined below) if: (1) the waste and recyclables are generated within the jurisdictional boundaries of the State or subdivision, determined as of the suspension date; (2) such authority is imposed through the adoption or execution of a law, regulation, or other legally binding provision or official act that was in effect on the suspension date, or was in effect prior to the issuance of an injunction or other court order based on a ruling that the law or provision violated the Commerce Clause of the Constitution, or was in effect immediately prior to suspension of the law by legislative or administrative action expressly because of such a court order; and (3) the State or political subdivision has for one or more such designated facilities, on or before the suspension date, presented eligible bonds for sale, made certain official preparations for such sale, or executed a legally binding contract or agreement for delivery of, and payment for, a minimum quantity of waste or recyclables. (The "suspension date" is either: May 16, 1994; the date of an injunction or court order based on a ruling that a law or other official act violated the Commerce Clause of the Constitution; or the date of a suspension or partial suspension of a law or official act expressly because of the existence of an injunction or court order described above.)
Imposes identification and volume restrictions on the exercise of flow control authority to the classes or categories of materials to which such authority was applicable on the suspension date. Sets dates for expiration of such authority.
Prohibits a State or political subdivision from requiring any person to transport, or deliver for transportation, such waste or materials to any active portion of a MSW landfill unit if contamination of such portion is a basis for listing on the National Priorities List established under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, unless the person has been indemnified by the government or the owner-operator against all liability under that Act with respect to such materials.
Imposes limitations on the use of revenues derived by a State or political subdivision from the exercise of flow control authority.
Provides for the enforceability under State law of certain legally binding interim contracts.
Allows a State to exercise flow control authority over solid waste if, on or before January 1, 1984, the State: (1) adopted regulations under a State law that required or directed the transportation, management, or disposal of such waste from residential, commercial, institutional, or industrial sources to specifically identified waste management facilities and applied those regulations to every political subdivision; and (2) subjected the facilities to the jurisdiction of a State public utilities commission. Provides for expiration of such authority.
Lists additional conditions under which: (1) solid waste districts or political subdivisions of a State may exercise flow control authority for 20 years after enactment of this Act; and (2) a facility will be treated as having been designated for the exercise of flow control authority by all members of a consortium of political subdivisions.
Prohibits recovery of damages or costs in a claim against a State or local government, or official or employee thereof, based on the exercise of flow control authority on or before May 16, 1994.