Home > 106th Congressional Bills > H.R. 4940 (rds) To designate the museum operated by the Secretary of Energy in Oak Ridge, Tennessee, as the ``American Museum of Science and Energy'', and for other purposes. [Received in the Senate] ...

H.R. 4940 (rds) To designate the museum operated by the Secretary of Energy in Oak Ridge, Tennessee, as the ``American Museum of Science and Energy'', and for other purposes. [Received in the Senate] ...


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108th CONGRESS
  2d Session
                                H. R. 4940

 To amend the Solid Waste Disposal Act to authorize local governments 
and Governors to restrict receipt of out-of-State and foreign municipal 
     solid waste, to direct the Administrator of the Environmental 
 Protection Agency to carry out certain authorities under an agreement 
 with Canada respecting the importation of municipal solid waste, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

  Mr. Gillmor (for himself, Mr. Dingell, Mr. Greenwood, Mr. Rogers of 
Michigan, Mr. Stupak, Mr. Upton, Mr. Hall, Mr. Stearns, Mr. Pickering, 
Mr. Tauzin, Mr. Terry, Mr. Radanovich, Mr. Pitts, Mr. Deal of Georgia, 
    Mrs. Cubin, Mrs. Miller of Michigan, Mr. Oxley, Mr. Buyer, Mr. 
 Bilirakis, Mr. Kildee, Mr. Sullivan, Mr. Green of Texas, Mr. Brown of 
Ohio, Mr. Strickland, Mr. Levin, and Mr. Issa) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Solid Waste Disposal Act to authorize local governments 
and Governors to restrict receipt of out-of-State and foreign municipal 
     solid waste, to direct the Administrator of the Environmental 
 Protection Agency to carry out certain authorities under an agreement 
 with Canada respecting the importation of municipal solid waste, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Municipal Solid Waste Responsibility 
Act of 2004''.

SEC. 2. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF 
              MUNICIPAL SOLID WASTE.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new sections:

``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    ``(a) Restriction on Receipt of Out-of-State Waste.--
            ``(1) In general.--
                    ``(A) Authorization.--A landfill or incinerator in 
                a State may not receive for disposal or incineration 
                any out-of-State municipal solid waste unless the owner 
                or operator of such landfill or incinerator obtains 
                explicit authorization (as part of a host community 
                agreement) from the affected local government to 
                receive the waste.
                    ``(B) Requirements for authorization.--An 
                authorization granted pursuant to subparagraph (A) 
                shall--
                            ``(i) be granted by formal action at a 
                        meeting;
                            ``(ii) be recorded in writing in the 
                        official record of the meeting; and
                            ``(iii) remain in effect according to its 
                        terms.
                    ``(C) Discretionary terms and conditions.--An 
                authorization granted pursuant to subparagraph (A) may 
                specify terms and conditions, including an amount of 
                out-of-State waste that an owner or operator may 
                receive and the duration of the authorization.
                    ``(D) Notification.--Promptly, but not later than 
                90 days after an authorization is granted, the affected 
                local government shall notify the Governor, contiguous 
                local governments, and any contiguous Indian tribes of 
                an authorization granted under this subsection.
            ``(2) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to this 
        subsection, the owner or operator of the facility seeking such 
        authorization shall provide (and make readily available to the 
        Governor, each contiguous local government and Indian tribe, 
        and any other interested person for inspection and copying) the 
        following information:
                    ``(A) A brief description of the facility, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size and 
                ultimate waste capacity of the facility, and the 
                anticipated monthly and yearly quantities (expressed in 
                terms of volume) of waste to be handled.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and hydrogeological features. The map shall 
                indicate any buffer zones to be acquired by the owner 
                or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area (including 
                identification of private wells and public drinking 
                water sources), and a discussion of alterations that 
                may be necessitated by, or occur as a result of, the 
                facility.
                    ``(D) A description of environmental controls 
                typically required to be used on the site (pursuant to 
                permit requirements), including run on or run off 
                management (or both), air pollution control devices, 
                source separation procedures (if any), methane 
                monitoring and control, landfill covers, liners or 
                leachate collection systems, and monitoring programs. 
                In addition, the description shall include a 
                description of any waste residuals generated by the 
                facility, including leachate or ash, and the planned 
                management of the residuals.
                    ``(E) A description of site access controls to be 
                employed, and roadway improvements to be made, by the 
                owner or operator, and an estimate of the timing and 
                extent of increased local truck traffic.
                    ``(F) A list of all required Federal, State, and 
                local permits.
                    ``(G) Estimates of the personnel requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preoperational and postoperational 
                levels.
                    ``(H) Any information that is required by State or 
                Federal law to be provided with respect to any 
                violations of environmental laws (including 
                regulations) by the owner, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective action and rehabilitation 
                measures taken as a result of the proceedings.
                    ``(I) Any information that is required by State or 
                Federal law to be provided with respect to gifts and 
                contributions made by the owner or operator.
                    ``(J) Any information that is required by State or 
                Federal law to be provided with respect to compliance 
                by the owner or operator with the State solid waste 
                management plan.
            ``(3) Notification.--Prior to taking formal action with 
        respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to this subsection, an affected 
        local government shall--
                    ``(A) notify the Governor, contiguous local 
                governments, and any contiguous Indian tribes;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation at least 30 days before holding 
                a hearing and again at least 15 days before holding the 
                hearing, except where State law provides for an 
                alternate form of public notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
    ``(b) Authorization not Required for Certain Facilities.--
            ``(1) In general.--A landfill or incinerator may receive 
        for disposal or incineration out-of-State municipal solid waste 
        in the absence of an authorization under subsection (a) if each 
        of the following requirements are met:
                    ``(A) The owner or operator provides either of the 
                following to the Governor of the State in which the 
                landfill or incinerator is located and to the affected 
                local government:
                            ``(i) Information establishing that, before 
                        the date of enactment of this section, the 
                        owner or operator of the landfill or 
                        incinerator has entered into a host community 
                        agreement or received a State permit 
                        specifically authorizing the owner or operator 
                        to accept, at the landfill or incinerator, out-
                        of-State municipal solid waste. This clause 
                        shall be effective only if the owner or 
                        operator complies with all of the terms and 
                        conditions of the host community agreement or 
                        permit and, in the case of a permit, notifies 
                        the affected local government of the permit, as 
                        soon as practicable but not later than 90 days 
                        after the date of enactment of this section.
                            ``(ii) Information establishing that during 
                        1993 the landfill or incinerator received 
                        shipments of out-of-State municipal solid 
                        waste. Such information shall be in such 
                        documented form as will result in criminal 
                        penalties under State law in case of false or 
                        misleading information. Such information shall 
                        include information about the date of shipment, 
                        place of origin of the waste, and the type of 
                        waste.
                    ``(B) In the case of a landfill or incinerator in 
                operation on the date of enactment of this section, the 
                landfill or incinerator must be in compliance as of 
                such date with applicable Federal and State 
                environmental laws (including regulations), including, 
                in the case of landfills, applicable laws and 
                regulations relating to design and location standards, 
                leachate collection, ground water monitoring, and 
                financial assurance for closure and post-closure care 
                and corrective action.
            ``(2) Amount received under paragraph (1)(A)(ii).--
                    ``(A) States not exercising ratchet authority under 
                subsection (c)(5).--
                            ``(i) Facilities covered.--This 
                        subparagraph shall cover only landfills and 
                        incinerators in States which do not establish a 
                        limit on out-of-State municipal solid waste 
                        under subsection (c)(5).
                            ``(ii) Waste under contract.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1), if out-of-State municipal solid 
                        waste was received at such landfill or 
                        incinerator during 1993 under a contract, 
                        paragraph (1)(A)(ii) shall apply to the amount 
                        of out-of-State municipal solid waste specified 
                        in the contract for the longer of the following 
                        periods:
                                    ``(I) The life of the later of the 
                                contract in effect in 1993 or any 
                                subsequent contract in effect as of the 
                                date of enactment of this section.
                                    ``(II) The period ending 6 years 
                                after the date of enactment of this 
                                section.
                        For purposes of subclause (I), the term `life 
                        of the contract' shall not include any renewal, 
                        novation, or other extension thereof (as 
                        determined under State law).
                            ``(iii) Spot waste.--For a landfill or 
                        incinerator covered by this subparagraph and 
                        authorized to receive out-of-State municipal 
                        solid waste pursuant to paragraph (1), if out-
                        of-State municipal solid waste was received at 
                        such landfill or incinerator during 1993 in the 
                        absence of a contract, paragraph (1)(A)(ii) 
                        shall apply to the receipt of out-of-State 
                        municipal solid waste for a period ending 3 
                        years after the date of enactment of this 
                        section.
                            ``(iv) Contract and spot waste.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1), if out-of-State municipal solid 
                        waste was received at such landfill or 
                        incinerator during 1993 both under a contract 
                        and otherwise, clause (ii) shall apply with 
                        respect to the waste received under the 
                        contract and clause (iii) shall apply to the 
                        other municipal solid waste received at the 
                        landfill or incinerator.
                    ``(B) States exercising ratchet authority under 
                subsection (c)(5).--
                            ``(i) Facilities covered.--This 
                        subparagraph shall cover only landfills and 
                        incinerators in States which establish a limit 
                        on out-of-State municipal solid waste under 
                        subsection (c)(5).
                            ``(ii) Waste under contract.--For any 
                        landfill or incinerator covered by this 
                        subparagraph and authorized to receive out-of-
                        State municipal solid waste pursuant to 
                        paragraph (1), if out-of-State municipal solid 
                        waste was received at such landfill or 
                        incinerator during 1993 under a contract, 
                        paragraph (1)(A)(ii) shall apply to the amount 
                        of out-of-State municipal solid waste specified 
                        in the contract for the longer of the following 
                        periods:
                                    ``(I) The life of the later of the 
                                contract in effect in 1993 or any 
                                subsequent contract in effect as of the 
                                date of enactment of this section.
                                    ``(II) The period ending January 1, 
                                2007.
                        For purposes of subclause (I), the term `life 
                        of the contract' shall not include any renewal, 
                        novation, or other extension thereof (as 
                        determined under State law).
                            ``(iii) Spot waste.--For a landfill or 
                        incinerator covered by this subparagraph and 
                        authorized to receive out-of-State municipal 
                        solid waste pursuant to paragraph (1), if out-
                        of-State municipal solid waste was received at 

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