Authorizes States to establish limits on the amount of out-of-State waste received annually for disposal at each facility. Allows a State to 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. Prohibits State 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 waste 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.
Allows States to 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. Requires percentage limitations to be uniform for all facilities and not discriminate against out-of-State waste according to the State of origin.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1730 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1730
To impose certain limitations on the receipt of out-of-State municipal
solid waste, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. Greenwood (for himself, Mr. Doyle, Mr. Dingell, Mr. Rogers of
Michigan, Mr. Strickland, Mr. Gerlach, Mr. Kildee, Mr. Buyer, Mr.
Levin, Mr. Ehlers, Mr. Holden, Mr. Smith of Michigan, Mr. Kanjorski,
Mr. Camp, Mr. Bereuter, Mr. Stupak, and Ms. Solis) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To impose certain limitations on the receipt of out-of-State 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 ``Solid Waste Interstate
Transportation Act of 2003''.
SEC. 2. INTERSTATE 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 section:
``SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MUNICIPAL SOLID
WASTE.
``(a) Presumptive Ban on Receipt of Out-Of-State Waste.--No
landfill or incinerator may receive any out-of-State municipal solid
waste for disposal or incineration unless the waste is received
pursuant to--
``(1) a host community agreement in accordance with
subsection (b) or (c); or
``(2) an exemption under subsection (d).
``(b) Existing Host Community Agreements.--Except as provided in
subsection (e), out-of-State municipal solid waste may be received at a
landfill or incinerator for disposal or incineration pursuant to a host
community agreement entered into before the enactment of this section
if--
``(1) the agreement specifically authorizes the owner or
operator to accept, at the landfill or incinerator, out-of-
State municipal solid waste; and
``(2) the owner or operator complies with all of the terms
and conditions of the host community agreement.
The owner or operator shall provide a copy of the host community
agreement, within 90 days after the enactment of this section, to the
State and affected local government and make such a copy available for
inspection by the public in the affected local community.
``(c) New Host Community Agreements.--
``(1) Exemption from ban.--Except as provided in subsection
(e), out-of-State municipal solid waste may be received at a
landfill or incinerator for disposal or incineration pursuant
to a host community agreement entered into on or after the
enactment of this section (in this section referred to as a
`new host community agreement') if the agreement specifically
authorizes the receipt of such waste and meets the requirements
of paragraphs (2) through (5) of this subsection.
``(2) Requirements for authorization.--An authorization to
receive out-of-State municipal solid waste pursuant to a new
host community agreement shall be granted by formal action at a
meeting; be recorded in writing in the official record of the
meeting; and remain in effect according to its terms. Such
authorization may specify terms and conditions, including an
amount of out-of-State municipal solid waste that an owner or
operator may receive and the duration of the authorization.
``(3) Information.--Prior to seeking an authorization to
receive out-of-State municipal solid waste pursuant to a new
host community agreement under this subsection, the owner or
operator of the facility seeking such authorization shall
provide (and make readily available to the State, each
contiguous local government and Indian tribe, and any other
interested person for inspection and copying) each of the
following items of information:
``(A) A brief description of the facility,
including, with respect to both the facility and any
planned expansion of the facility, the size, the
ultimate waste capacity, and the anticipated monthly
and yearly quantities of waste to be handled. Such
quantities shall be expressed in terms of volume.
``(B) A map of the facility site indicating
location in relation to the local road system and
topography and general 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, and a
discussion of alterations that may be necessitated by,
or occur as a result of, the facility. The description
of groundwater use shall include identification of
private wells and public drinking water sources.
``(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.
``(4) Prior notification.--Prior to taking formal action
with respect to granting authorization to receive out-of-State
municipal solid waste pursuant to a new host community
agreement under this subsection, an affected local government
shall--
``(A) notify the State, contiguous local
governments, and any contiguous Indian tribes;
``(B) publish notice of the action in a newspaper
of general circulation in the affected area at least 15
days before holding a hearing under subparagraph (C),
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.
``(5) Subsequent notification.--Promptly, but not later
than 90 days after an authorization is granted pursuant to a
new host community agreement under this subsection, the
affected local government shall notify the Governor, contiguous
local governments, and any contiguous Indian tribes of such
authorization.
``(6) Authority.--
``(A) In general.--A State may enact a law or laws
with respect to the entry, by an affected local
government in the State, into a host community
agreement, as it relates to the interstate
transportation of solid waste.
``(B) No discrimination.--In enacting a law or laws
pursuant to subparagraph (A), a State shall act in a
consistent manner that does not discriminate against
the receipt of out-of-State municipal solid waste on
the basis of State of origin.
``(d) Exemption for Waste Not Subject to Host Community
Agreements.--
``(1) Exemption from ban.--Except as provided in subsection
(e), out-of-State municipal solid waste received at a landfill
or incinerator shall be exempt from the presumptive ban
contained in subsection (a) if the owner or operator of the
landfill or incinerator provides to the State in which the
landfill or incinerator is located and to the affected local
government either of the following:
``(A) Permit.--Information establishing that,
before the enactment of this section, the owner or
operator of the landfill or incinerator has received a
State permit that specifically authorizes the owner or
operator to accept, at the landfill or incinerator,
such out-of-State municipal solid waste. This
subparagraph shall be effective only if the owner or
operator complies with all of the terms and conditions
of the permit after the date of enactment of this
section and 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.
``(B) Contract.--Information establishing that the
owner or operator of the landfill or incinerator has
entered into a binding contract before April 10, 2003,
that commits to the delivery to and receipt at the
landfill or incinerator of a specific quantity of out-
of-State municipal solid waste and that the owner or
operator of the landfill or incinerator has permitted
capacity actually available on the date of enactment of
this section for receipt of the specific quantity of
out-of-State municipal solid waste committed to in the
contract. This subparagraph shall be effective only for
the longer of--
``(i) the life of the contract (not
including any renewal, novation, or extension
thereof); or
``(ii) a period of 3 years after the date
of enactment of this section,
and only with respect to the amount of the obligation
in the contract.
``(2) Availability of documentation.--The owner or operator
of a landfill or incinerator receiving out-of-State municipal
solid waste pursuant to an exemption under paragraph (1) shall
make available for inspection by the public in the affected
local community a copy of the permit or contract referred to in
paragraph (1). The owner or operator may omit any proprietary
information contained in contracts.
``(3) Denied or revoked permits.--A landfill or incinerator
may not receive for disposal or incineration out-of-State
municipal solid waste pursuant to an exemption under paragraph
(1) if the operating permit for the landfill or incinerator (or
renewal thereof) was denied or revoked by the appropriate State
agency before the date of enactment of this section, unless
such permit or license (or renewal) has been reinstated as of
such date of enactment.
``(e) Required Compliance.--Exemptions under subsections (b), (c),
and (d) shall not apply to a landfill or incinerator during any period
with respect to which the State in which the facility is located has
determined that the facility is not in compliance with applicable
Federal and State laws and regulations relating to--
``(1) facility operation and design;
``(2) in the case of landfills, facility location
standards, leachate collection standards, groundwater
monitoring standards, and standards for financial assurance and
for closure and postclosure and corrective action; and
``(3) in the case of incinerators, the applicable
requirements of section 129 of the Clean Air Act (42 U.S.C.
7429).
``(f) Authority of State To Restrict Out-Of-State Municipal Solid
Waste.--
``(1) Limitations on amount of waste received.--
``(A) Limit for all facilities in the state.--A
State may limit the amount of out-of-State municipal
solid waste received annually at each landfill or
incinerator in the State to the limitation amount
described in paragraph (2), except as provided in this
subsection. No such limit may conflict--
``(i) with provisions of a permit
specifically authorizing the owner or operator
to accept, at the facility, out-of-State
municipal solid waste; or
``(ii) with a host community agreement
entered into between the owner or operator of
any such landfill or incinerator and the
affected local government.
``(B) Conflict.--A limit referred to in
subparagraph (A) shall be treated as conflicting with--
``(i) a permit if the permit establishes a
higher limit or does not establish any limit on
the amount of out-of-State municipal solid
waste which may be received annually at the
facility; and
``(ii) a host community agreement if the
host community agreement establishes a higher
limit or does not establish any limit on the
amount of out-of-State municipal solid waste
which may be received annually at the facility,
but only to the extent that the landfill or
incinerator, at the time the host community
agreement was entered into, had specifically
permitted capacity to receive the solid waste
authorized by the host community agreement.
``(C) Limit for particular facilities.--An affected
local government that has not executed a host community
agreement with a particular landfill or incinerator may
limit the amount of out-of-State municipal solid waste
received annually at the landfill or incinerator
concerned to the limitation amount described in
paragraph (2). No such limit may conflict with
provisions of a permit specifically authorizing the
owner or operator to accept, at the facility, out-of-
State municipal solid waste.
``(D) Effect on other laws.--Nothing in this
subsection shall be interpreted or construed to
supersede any State law relating to contracts.
``(2) Limitation amount.--For any landfill or incinerator
that commenced receiving documented out-of-State municipal
solid waste before the date of enactment of this section, the
limitation amount referred to in paragraph (1) for any year
shall be equal to the amount of out-of-State municipal solid
waste received at the landfill or incinerator concerned during
calendar year 1993, or any subsequent year for which the State
required or kept such documentation. The documentation referred
to in this paragraph shall be such as would result in criminal
penalties under State law in case of false or misleading
information. Such documentation shall include the amount of
waste received in 1993, or such other baseline year as is
provided for in this paragraph, place of origin, identity of
the generator, date of shipment, and type of waste.
``(3) No discrimination.--In establishing a limitation
under this subsection, a State shall act in a consistent manner
that does not discriminate against any shipments of out-of-
State municipal solid waste on the basis of State of origin.
``(g) Limitations on Prospective Waste Flows.--
``(1) State authority to deny permits.--A State may provide
by law that the State will deny, or refuse to renew, a permit
for the construction or operation of a landfill or incinerator,
or for a major modification to an existing landfill or
incinerator, if--
``(A) the State has approved a State or local
comprehensive municipal solid waste management plan
developed under Federal or State law; and
``(B) the denial or refusal to renew is based on a
determination, pursuant to a State law authorizing the
denial or refusal to renew, that there is not a local
or regional need for the landfill or incinerator in the
State.
``(2) Percentage limit.--
``(A) In general.--A State may provide by law that
a State permit issued or renewed after the date of
enactment of this section for a municipal solid waste
landfill or incinerator, or for expansion of a
municipal solid waste landfill or incinerator, shall
include a requirement that not more than a specified
percentage of the total amount of municipal solid waste
received annually at the landfill or incinerator may be
out-of-State municipal solid waste. A percentage
limitation established by a State under this
subparagraph shall not be less than 20 percent.
``(B) Host community agreement.--Notwithstanding
subparagraphs (A) and (C), a landfill or incinerator
acting pursuant to a host community agreement entered
into prior to the date of enactment of this section
that specifically authorizes the landfill or
incinerator to receive a specific quantity of out-of-
State municipal solid waste annually may receive the
specific quantity authorized under the host community
agreement.
``(C) Nondiscrimination.--An annual percentage
limitation referred to in subparagraph (A)--
``(i) shall be uniform for all municipal
solid waste landfills and incinerators in the
State; and
``(ii) may not discriminate against out-of-
State municipal solid waste according to the
State of origin.
``(h) Authority of State To Restrict Out-Of-State Municipal Solid
Waste Based on Recycling Programs.--
``(1) Authority.--
``(A) Limitation.--A State may limit the amount of
out-of-State municipal solid waste received annually at
each landfill or incinerator in the State to the amount
of out-of-State municipal solid waste received at the
landfill or incinerator concerned during calendar year
1995 if the State has enacted a comprehensive,
statewide recycling program. No such limit may
conflict--
``(i) with provisions of a permit
specifically authorizing the owner or operator
to accept, at the facility, out-of-State
municipal solid waste; or
``(ii) with a host community agreement
entered into between the owner or operator of
any such landfill or incinerator and the
affected local government.
``(B) Conflict.--A limit referred to in
subparagraph (A) shall be treated as conflicting with--
``(i) a permit if the permit establishes a
higher limit or does not establish any limit on
the amount of out-of-State municipal solid
waste which may be received annually at the
facility; and
``(ii) a host community agreement if the
host community agreement establishes a higher
limit or does not establish any limit on the
amount of out-of-State municipal solid waste
which may be received annually at the facility,
but only to the extent that the landfill or
incinerator, at the time the host community
agreement was entered into, had specifically
permitted capacity to receive the solid waste
authorized by the host community agreement.
``(2) No discrimination.--In establishing a limitation
under this subsection, a State shall act in a consistent manner
that does not discriminate against any shipments of out-of-
State municipal solid waste on the basis of State of origin.
``(3) Effect on other laws.--Nothing in this subsection
shall be interpreted or construed to supersede any State law
relating to contracts.
``(4) Definition.--As used in this subsection, the term
`comprehensive, statewide recycling program' means a law of
statewide applicability that requires the generators of
municipal solid waste to separate all of the following
materials for recycling as a condition of disposing of the
waste at landfills or incinerators in the State:
``(A) Aluminum containers.
``(B) Corrugated paper or other container board.
``(C) Glass containers.
``(D) Magazines or other material printed on
similar paper.
``(E) Newspapers or other material printed on
newsprint.
``(F) Office paper.
``(G) Plastic containers.
``(H) Steel containers.
``(I) Containers for carbonated or malt beverages
that are primarily made of a combination of steel and
aluminum.
``(i) Cost Recovery Surcharge.--
``(1) Authority.--A State may impose and collect a cost
recovery charge on the processing, combustion, or disposal in a
landfill or incinerator of out-of-State municipal solid waste
in the State in accordance with this subsection.
``(2) Amount of surcharge.--The amount of the cost recovery
surcharge may be no greater than the amount necessary to
recover those costs determined in conformance with paragraph
(4) and in no event may exceed $2.00 per ton of waste.
``(3) Use of surcharge collected.--All cost recovery
surcharges collected by a State shall be used to fund those
solid waste management programs administered by the State or
its political subdivision that incur costs for which the
surcharge is collected.
``(4) Conditions.--(A) Subject to subparagraphs (B) and
(C), a State may impose and collect a cost recovery surcharge
on the processing, combustion, or disposal within the State of
out-of-State municipal solid waste if--
``(i) the State demonstrates a cost to the State
arising from the processing, combustion, or disposal
within the State of a volume of municipal solid waste
from a source outside the State;
``(ii) the surcharge is based on those costs to the
State demonstrated under clause (i) that, if not paid
for through the surcharge, would otherwise have to be
paid or subsidized by the State; and
``(iii) the surcharge is compensatory and is not
discriminatory.
``(B) In no event shall a cost recovery surcharge be
imposed by a State to the extent that the cost for which
recovery is sought is otherwise paid, recovered, or offset by
any other fee or tax paid to the State or its political
subdivision or to the extent that the amount of the surcharge
is offset by voluntarily agreed payments to a State or its
political subdivision in connection with the generation,
transportation, treatment, processing, combustion, or disposal
of solid waste.
``(C) The grant of a subsidy by a State with respect to
entities disposing of waste generated within the State does not
constitute discrimination for purposes of subparagraph
(A)(iii).
``(5) Definitions.--As used in this subsection:
``(A) The term `costs' means the costs incurred by
the State for the implementation of its laws governing
the processing, combustion, or disposal of municipal
solid waste, limited to the issuance of new permits and
renewal of or modification of permits, inspection and
compliance monitoring, enforcement, and costs
associated with technical assistance, data management,
and collection of fees.
``(B) The term `processing' means any activity to
reduce the volume of solid waste or alter its chemical,
biological or physical state, through processes such as
thermal treatment, bailing, composting, crushing,
shredding, separation, or compaction.
``(j) Implementation and Enforcement.--Any State may adopt such
laws and regulations, not inconsistent with this section, as are
necessary to implement and enforce this section, including provisions
for penalties.
``(k) Effect on Interstate Commerce.--No State or local government
action taken as authorized by this section, including the establishment
of a limit pursuant to subsection (f) or the enactment or execution of
a law or regulation described in subsection (c)(6), (g), (h), (i), or
(j), shall be considered to impose an undue burden on interstate
commerce or to otherwise impair, restrain, or discriminate against
interstate commerce.
``(l) Annual State Report.--Each year the owner or operator of each
landfill or incinerator receiving out-of-State municipal solid waste
shall submit to the Governor of the State in which the landfill or
incinerator is located information specifying the amount of out-of-
State municipal solid waste received for disposal during the preceding
year. Each year each such State shall publish and make available to the
public a report containing information on the amount of out-of-State
municipal solid waste received for disposal in the State during the
preceding year.
``(m) Definitions.--For purposes of this section:
``(1) Affected local government.--The term `affected local
government' means--
``(A) the public body authorized by State law to
plan for the management of municipal solid waste, a
majority of the members of which are elected officials,
for the area in which a landfill or incinerator is
located or proposed to be located;
``(B) if there is no such body authorized by State
law, the elected officials of the city, town, township,
borough, county, or parish exercising primary
responsibility over municipal solid waste management or
the use of land in the jurisdiction in which a landfill
or incinerator is located or proposed to be located; or
``(C) contiguous units of local government located
in each of 2 or more adjoining States acting jointly as
an affected local government, pursuant to the authority
provided in section 1005(b), for purposes of providing
authorization under subsection (b), (c), or (d) for
municipal solid waste generated in the jurisdiction of
one of those units of local government and received for
disposal or incineration in the jurisdiction of
another.
``(2) Host community agreement.--The term `host community
agreement' means a written, legally binding agreement, lawfully
entered into between an owner or operator of a landfill or
incinerator and an affected local government that specifically
authorizes the landfill or incinerator to receive out-of-State
municipal solid waste.
``(3) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
and
``(ii) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, and
household hazardous waste. Such term shall include
debris resulting from construction, remodeling, repair,
or demolition of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
``(III) a corrective action taken
under this Act.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, or the
capacity of which is contractually
dedicated exclusively to a specific
generator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Sewage sludge and residuals from
any sewage treatment plant, including any
sewage treatment plant required to be
constructed in the State of Massachusetts
pursuant to any court order issued against the
Massachusetts Water Resources Authority.
``(ix) Combustion ash generated by resource
recovery facilities or municipal incinerators,
or waste from manufacturing or processing
(including pollution control) operations not
essentially the same as waste normally
generated by households.
``(4) Out-of-state municipal solid waste.--The term `out-
of-State municipal solid waste' means, with respect to any
State, municipal solid waste generated outside of the State.
The term includes municipal solid waste generated outside of
the United States.
``(5) Recyclable materials.--The term `recyclable
materials' means materials that are diverted, separated from,
or separately managed from materials otherwise destined for
disposal as solid waste, by collecting, sorting, or processing
for use as raw materials or feedstocks in lieu of, or in
addition to, virgin materials, including petroleum, in the
manufacture of usable materials or products.
``(6) Specifically authorizes.--The term `specifically
authorizes' refers to an explicit authorization, contained in a
host community agreement or permit, to import municipal solid
waste from outside the State. Such authorization may include a
reference to a fixed radius surrounding the landfill or
incinerator which includes an area outside the State or a
reference to `any place of origin', reference to specific
places outside the State, or use of such phrases as `regardless
of origin' or `outside the State'. The language for such
authorization must clearly and affirmatively state the approval
or consent of the affected local government or State for
receipt of municipal solid waste from sources or locations
outside the State from which the owner or operator of a
landfill or incinerator proposes to import it. The term shall
not include general references to the receipt of waste from
outside the jurisdiction of the affected local government.''.
(b) Table of Contents.--The table of contents of the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item
relating to section 4010 the following new item:
``Sec. 4011. Receipt and disposal of out-of-State municipal solid
waste.''.
(c) Incident Reports.--Not later than one year after the date of
the enactment of this Act and annually for the next two years, the
General Accounting Office shall submit a report to the Committee on
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate that contains the following
information:
(1) Available information for each State that imports
municipal solid waste detailing any incidents or circumstances
where waste materials that are not authorized by permit to be
disposed of at a landfill or incinerator have been discovered
in the imported municipal solid waste during the
transportation, processing, or disposal of such waste. Such
unauthorized waste materials can include hazardous waste,
medical waste, radioactive waste, and industrial waste.
(2) For each incident or circumstance identified under
paragraph (1), an indication of the method or circumstances of
detection, and the identity of the source of the waste, the
transporter, and the disposal facility.
(3) For each incident or circumstance identified under
paragraph (1), an indication of whether anyone was cited for a
violation, and if so the nature of the violation and any
penalty assessed.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Hazardous Materials.
Committee Hearings Held.
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