Solid Waste Transportation Act

Solid Waste Transportation Act - Amends the Solid Waste Disposal Act to require each State to prepare a plan for the management of solid waste generated in the State. Specifies that such plan shall cover a 20-year period and require the State to: (1) identify the amount of solid waste by waste type that is expected to be generated in the State or accepted from another State for disposal in the next 20 years; (2) establish a process to assure the availability of facilities with adequate capacity to treat or dispose of such waste in a manner protective of human health and the environment; and (3) identify the volumes of waste planned to be reduced through source reduction and recycling.

Authorizes such plan to include provisions for disposal outside the State of solid waste generated in the State only if the State determines that it does not have, and cannot develop within a reasonable period of time, the landfill or other capacity to handle the disposal of such waste in the State. Requires, in such case, that the plan provide for the establishment of such enforcement mechanisms as necessary to prevent the out-of-State disposal of waste in amounts in excess of those provided for in the plan.

Requires States to submit such plans to the Administrator for approval.

Specifies that, upon approval of a State plan, the State: (1) may not dispose waste outside of the State, or treat or dispose solid waste in the State, in a manner other than in accordance with such plan; and (2) shall establish a permit program and issue permits to facilities in compliance with such plan and State law. Prohibits the transportation of solid waste for treatment or disposal, following the establishment of a permit program, at any facility that has not been issued a permit.

Authorizes any State that has an approved plan to restrict the acceptance of solid waste originating in other States, including a prohibition on medical waste, if such State justifies such restriction on the basis of lack of capacity to handle the disposal of solid waste generated in such State.

Sets forth recordkeeping requirements.

Authorizes the Environmental Protection Agency or a State to: (1) require any person who generates, transports, or handles solid waste to furnish information and grant access to all records relating to such waste; and (2) enter at reasonable times any solid waste facility and inspect and obtain samples of any such waste or any container or label for such waste.

Sets penalties for States that fail to submit, or fail to have approved, a plan for solid waste disposal.

 
HR 173 SC
102d CONGRESS
1st Session
 H. R. 173
To amend the Solid Waste Disposal Act to place certain restrictions on the
interstate disposal of solid waste.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Mr. OLIN (for himself and Mr. BOUCHER) introduced the following bill; which
was referred to the Committee on Energy and Commerce
June 25, 1991
Additional sponsors: Mr. APPLEGATE, Mr. EVANS, Mr. RAVENEL, Mrs. UNSOELD,
and Ms. Long
Deleted sponsor: Mrs. LOWEY of New York (added April 17, 1991; deleted May
2, 1991)
A BILL
To amend the Solid Waste Disposal Act to place certain restrictions on the
interstate disposal of solid waste.
  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 `Solid Waste Transportation Act'.
SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF SOLID WASTE.
  (a) IN GENERAL- Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941
  et seq.) is amended by adding at the end the following new section:
`SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF SOLID WASTE.
  `(a) STATE PLAN- (1) Each State shall prepare a plan in accordance with
  this section for the management in the State of all solid waste generated
  in the State. The plan shall cover a 20-year period and shall provide that
  the State, directly or through regional or local planning units--
  `(A) shall identify the amount of solid waste by waste type that is
  reasonably expected to be generated in the State or accepted from another
  State for disposal in the State during the next 20 years;
  `(B) shall establish a process to assure the availability of facilities
  with adequate capacity to treat (through recycling or other treatment)
  or dispose of such amount of solid waste in a manner that is protective
  of human health and the environment; and
  `(C) shall identify the volumes of waste planned to be reduced through
  source reduction and recycling.
  `(2) The plan may include provisions for disposal outside the State of
  solid waste generated in the State only if the State determines that the
  State does not have, and cannot develop within a reasonable period of time,
  the landfill or other capacity to handle the disposal of such waste in the
  State. If such out-of-State waste disposal is included in the plan, the
  plan shall provide for the establishment of such enforcement mechanisms as
  may be necessary to prevent the out-of-State disposal of waste in amounts
  that are in excess of the amounts provided for in the plan.
  `(3) Not later than 12 months after the date of the enactment of this
  section, the Administrator shall promulgate regulations to carry out this
  section. Such regulations shall include such criteria for approval of
  plans as the Administrator considers necessary.
  `(4) Not later than 12 months after regulations are promulgated to carry out
  this section, each State shall prepare a plan as required under paragraph
  (1) and submit such plan to the Administrator for approval.
  `(b) APPROVAL OF PLAN- Upon receipt of a plan from a State under subsection
  (a), the Administrator shall evaluate the plan and shall approve or
  disapprove the plan.
  `(c) PROHIBITION ON ACTIONS NOT IN ACCORDANCE WITH PLAN- Upon approval of
  a plan for a State, the following actions are prohibited in that State:
  `(1) Disposal of waste outside of the State in a manner other than in
  accordance with the approved plan.
  `(2) Treatment or disposal of solid waste in the State in a manner other
  than in accordance with the approved plan.
  `(d) STATE PERMITS- Upon approval of a plan for a State, the State shall
  establish a permit program under which the State shall issue permits to
  facilities in the State that comply with all applicable requirements of the
  approved plan (including protection of human health and the environment)
  and with all applicable requirements of State law. After the establishment
  of such a permit program in a State, the transportation of solid waste for
  treatment (including recycling and incineration) or disposal, or arranging
  for such transportation, treatment, or disposal, at any facility that has
  not been issued a permit is prohibited.
  `(e) STATE AUTHORITY TO RESTRICT ACCEPTANCE OF SOLID WASTE ORIGINATING IN
  OTHER STATES- (1) Subject to paragraph (2), any State that has an approved
  plan under this section may place limitations on the amount of solid waste
  that is transported into the State for purposes of disposal, including--
  `(A) a prohibition on the transportation into such State of all solid
  waste originating from other States; and
  `(B) a prohibition on certain types of waste, such as medical waste.
  `(2) The authority under paragraph (1) may be used only if the plan of the
  State justifies the imposition of such a limitation or prohibition on the
  basis of lack of capacity in such State to handle the disposal of solid
  waste generated in such State.
  `(f) RECORDKEEPING REQUIREMENTS- (1) Any person who transports any quantity
  of solid waste in excess of 100 pounds from one State to another State
  for purposes of disposal in the other State shall register with both
  the Administrator and with the State in which the solid waste will be
  disposed of.
  `(2) Each shipment of waste described in paragraph (1) may be transported
  only to a facility with a permit under a State permit program established
  under subsection (d).
  `(3) Each shipment of waste described in paragraph (1) shall be accompanied
  by a manifest form. At a minimum, the manifest form shall include the
  following information:
  `(A) The name and address of the transporter.
  `(B) The name and address of the generator of the waste being transported.
  `(C) A description of the type of solid waste being transported.
  `(D) The quantity of waste being transported, including the number and
  type of containers.
  `(E) The name and address of the facility designated to receive the waste.
  `(F) Such other information as the Administrator or the State may require
  by regulation.
  `(4) The manifest form shall be kept at the facility at which the solid
  waste is received. Such forms shall be available for inspection pursuant
  to subsection (g).
  `(g) AUTHORITY TO INSPECT- (1) For purposes of enforcing the provisions of
  this section, any person who generates, transports, treats, disposes of, or
  otherwise handles solid waste shall, upon request of any officer, employee
  or representative of the Environmental Protection Agency or of a State--
  `(A) furnish information relating to such waste; and
  `(B) permit such officer, employee, or representative to have access to,
  and to copy, all records of such person relating to such waste.
  `(2) For purposes of implementing the authority of this subsection, such
  officers, employees, and representatives may enter at reasonable times any
  establishment or other place where solid waste is or may have been treated,
  disposed of, or otherwise handled and to inspect and obtain samples from
  any person of any such waste or of any container or label for such waste.
  `(h) ENFORCEMENT- A State that fails to submit a plan under subsection
  (a), or fails to have such plan approved by the Administrator, shall be
  liable to the United States for a civil penalty in an amount not to exceed
  $5,000 for each such violation. Each day such a violation continues shall
  constitute a separate violation.
  `(i) SUBTITLE C HAZARDOUS WASTE- Nothing in this section shall apply to
  any hazardous waste subject to the provisions of subtitle C of this Act.'.
  (b) TECHNICAL AMENDMENT- Section 1001 of the Solid Waste Disposal Act is
  amended in the table of contents by inserting after the item relating to
  section 2008 the following new item:
`Sec. 4010. Interstate transportation and disposal of solid waste.'.