Summary: S.872 — 106th Congress (1999-2000)All Information (Except Text)

There is one summary for S.872. Bill summaries are authored by CRS.

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Introduced in Senate (04/22/1999)

Municipal Solid Waste Interstate Transportation and Local Authority Act of 1999 - Amends the Solid Waste Disposal Act to prohibit a landfill, incinerator, or other enterprise that received municipal solid waste (MSW) before this Acts's enactment (facility) from receiving out-of-State MSW for disposal unless the waste is received pursuant to a new (entered into on or after enactment of this Act) or existing (entered into before January 1, 1999) host community agreement or certain other State authorization.

Sets forth requirements for owners or operators seeking to receive such waste who are subject to existing host community agreements. Requires owners or operators to make specified information regarding a facility available before seeking authorization to receive such waste pursuant to a new host community agreement.

Sets forth requirements for authorization for receipt of such waste for facilities: (1) not subject to such agreements that have received State permits issued before this Act's enactment that authorize the receipt of such waste; (2) that submit documentation of the receipt of such waste during 1993; or (3) located in the same bi-State level A metropolitan statistical area as the one in which the waste is generated.

Bars the receipt of such waste at any time the State determines that a facility is not in compliance with specified Federal and State laws and regulations, including those relating to facility design and operation, and where noncompliance constitutes a threat to human health or the environment.

Authorizes States to limit the quantity of out-of-State MSW received annually at each facility and affected local governments that have not executed a host community agreement with a particular facility to limit the amount received at such a facility. Prohibits 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 MSW before enactment of this Act at the amount received during 1993. Prohibits discrimination against shipments of such waste on the basis of State of origin.

Authorizes States in which facilities received more than 650,000 tons of out-of-State MSW in 1993 to establish limits on the quantity of such waste authorized to be received by facilities receiving such waste in 1993 in declining percentages of the 1993 quantity. Requires notification of such proposed limits by a State to each State from which MSW was received in 1993. Prohibits a State from exercising the authority for general MSW limits if it exercises the authority for limits provided under this paragraph.

Allows States to impose cost recovery surcharges on the processing or disposal of out-of-State MSW in the State. Prescribes conditions for such surcharges and requires them to be used to fund solid waste management programs administered by the State or political subdivision that incurs costs for which the surcharge is collected.

Requires owners or operators of facilities receiving out-of-State MSW and of transfer stations receiving such waste for temporary storage to annually report to the State the quantity and State of origin of such waste (and State of destination in the case of transfer stations) received during the preceding year. Directs States to publish annual reports on the quantity of such waste received for disposal and transfer in the State.

(Sec. 3) Allows a State to deny 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 provide by law that a permit for the construction, operation, or expansion of a facility 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 MSW pursuant to an existing host community agreement 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 MSW on the basis of place of origin. Permits States to exercise either the authority to deny permits or to impose percentage limits, but not both authorities in any calendar year.

( Sec. 4) Authorizes States to establish annual limits on the amount of out-of-State construction and demolition waste that may be received at landfills. Sets forth requirements for States seeking such authorization. Requires facilities receiving such waste to report to the State the quantity and State of origin of such waste. Authorizes States in which facilities receive such waste to decrease the quantity that may be received at each facility to an annual percentage of the base year quantity, beginning in 2001. Defines "base year quantity" as the annual quantity of such waste received in the year 2000 or 1999 (if the State has determined the quantity received in 1999 in which case limits may be imposed starting in the year 2000).

(Sec. 5) Authorizes States or political subdivisions to exercise flow control authority to direct the movement of MSW and recyclable materials voluntarily relinquished by the owner or generator (recyclables) 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 or official act by legislative or administrative action expressly because of such an injunction or court order; and (3) the State or subdivision has for one or more of 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 or liability 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.)

Limits the exercise of flow control authority to the classes or categories of materials to which such authority was applicable on the suspension date or, in the case of a facility that was not yet in operation on such date, to those clearly identified by the State or political subdivision to be flow controlled to the facility. 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 that obligate the delivery of a minimum quantity of MSW or recyclables to a designated facility and obligate the State or political subdivision to pay or be liable for such materials.

Allows a State to exercise flow control authority over MSW 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. Permits States or political subdivisions that meet such requirements to exercise flow control authority over all classes and categories of MSW that were subject to flow control on May 16, 1994, by directing MSW from any waste management facility that was designated as of such date to any other facility in the State without regard to whether the political subdivision in which the MSW is generated had designated the particular facility or had issued required bonds or entered into a required contract. 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, as of May 16, 1994, 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.

(Sec. 6) Provides that no action by a State or affected local government under an amendment made by this Act shall be considered to impose an undue burden on interstate commerce or to impair, restrain, or discriminate against interstate commerce.