Summary: S.1194 — 107th Congress (2001-2002)All Information (Except Text)

There is one summary for S.1194. Bill summaries are authored by CRS.

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Introduced in Senate (07/18/2001)

Solid Waste Interstate Transportation and Local Authority Act of 2001 - 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 or existing host community agreement or an exemption from this prohibition.

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 an exemption. Prohibits State limits from conflicting with permits or host community agreements that set higher (or no) limits.

Allows a State to: (1) provide that it will deny or refuse to renew a permit for the construction or operation of a facility (or a major modification thereto); (2) 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; (3) 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; and (4) impose cost recovery surcharges Requires owners or operators 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 the General Accounting Office to report annually on unauthorized disposal incidents.

Authorizes States and political subdivisions to exercise flow control authority for municipal solid waste and recyclables, directing such waste and materials to particular waste management or recyclables facilities designated as of a specified suspension date.

Prohibits a State or political subdivision from requiring any person to transport 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, unless the person has been indemnified.

Imposes limitations on the use of revenues derived from the exercise of flow control authority.

Lists additional conditions under which flow control authority may be exercised.

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.