Relating to the treatment and disposal of solid waste, authorizing States to regulate solid waste in interstate commerce, and for other purposes.

Makes it unlawful to ship or transport any solid waste generated in a State into another State for treatment or disposal if such shipment or transportation is in violation of the laws of the recipient State.

Authorizes States to enact and enforce laws regulating the treatment and disposition of solid waste, including laws regulating the importation of such wastes into States.

Prescribes penalties for violations of this Act, including up to ten years' imprisonment for subsequent violations.

Requires the Administrator of the Environmental Protection Agency, by regulation, to require persons transporting or shipping more than 100 pounds of solid waste in interstate commerce to submit annual registration statements. Directs the Administrator, upon request, to make such statements available to the public.

 
HR 3885 IH
101st CONGRESS
2d Session
 H. R. 3885
Relating to the treatment and disposal of solid waste, authorizing States
to regulate solid waste in interstate commerce, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 24, 1990
Mr. HILER (for himself, Mr. WOLF, Mr. DEWINE, Mr. APPLEGATE, Mr. VISCLOSKY,
Mr. MYERS of Indiana, Mr. SHARP, Mr. BURTON of Indiana, Mr. JACOBS,
Mr. HAMILTON, and Mr. DOUGLAS) introduced the following bill; which was
referred to the Committee on Energy and Commerce
A BILL
Relating to the treatment and disposal of solid waste, authorizing States
to regulate solid waste in interstate commerce, 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. SOLID WASTE TREATMENT AND DISPOSAL.
  (a) PROHIBITION- It is unlawful for any person to ship or transport or cause
  to be shipped or transported any solid waste generated within a State into
  another State for its treatment or disposal therein, if such shipment or
  transportation into a State is in violation of the laws of that State.
  (b) AUTHORIZATION- Each State is authorized to enact and enforce laws
  regulating the treatment and disposition of solid waste within such State,
  including (1) laws imposing a ban on the importing into such State or any
  part thereof, of solid waste for its treatment or other disposition, (2)
  laws otherwise regulating the importing into such State of solid waste for
  its treatment or other disposition, and (3) laws imposing and collecting
  fees or other charges in connection with the treatment and disposition
  within such State of solid waste generated in another State.
  (c) ENFORCEMENT- Any person violating subsection (a) of this section shall,
  for the first such violation, be fined not more than $35,000, and for a
  second or subsequent violation, such person shall be fined not more than
  $70,000, or imprisoned for not more than 10 years, or both.
  (d) EFFECTIVE DATE- This section shall take effect upon the expiration of
  the 12-month period following the date of the enactment of this Act.
SEC. 2. REPORTING.
  (a) REQUIREMENT- Within the 90-day period following the date of the
  enactment of this Act, the Administrator of the Environmental Protection
  Agency, by regulation, shall establish a program pursuant to which each
  person who transports or ships or causes to be transported or shipped
  in interstate commerce any solid waste in excess of 100 pounds shall be
  required to prepare and submit to the Administrator, on an annual basis,
  a registration statement. Such statement shall include such person's name,
  principal place of business, the location of each activity handling solid
  waste, and a complete list of all solid waste transported or shipped in
  interstate commerce during the calendar year preceding such statement.
  (b) PUBLIC AVAILABILITY- The Administrator shall make such registration
  statements available, upon request, to the public.
SEC. 3. DEFINITIONS.
  As used in this Act:
  (1) The term `person' includes any State or political subdivision of a
  State or any individual, corporation, or other legal entity.
  (2) The term `solid waste' has the meaning given such term by section
  1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903(27)).
  (3) The term `interstate commerce' has the meaning given such term by
  section 10 of title 18, United States Code.