HR 274: Solid Waste Interstate Transportation Act of 2007

Section 1. Short Title. Solid WasteInterstate Transportation Act of 2007

Section 2. Interstate Transportation and Disposal of Municipal Solid Waste

(a)IN GENERAL. Amends the Solid Waste Disposal Act by adding a new section, 4011.

SECTION 4011. Receipt and Disposal of Out of State MSW

(a)PRESUMPTIVE BAN ON RECEIPT OF OUT OF STATE WASTE. No landfill or incinerator may receive any out of state MWS for disposal or incineration unless the waste is received pursuant to

  1. Host community agreement or
  2. An exemption

(b)EXISTING HOST COMMUNITY AGREEMENTS. Out of state MSW may be received at a landfill or incinerator for disposal or incineration pursuant to a host community agreement enacted prior to the enactment of this Act if

  1. The agreement specifically authorizes the owner or operator to accept, at the landfill or incinerator, out of state MSW and
  2. The owner or operator complies with all of the terms and conditions of the host community agreement.

The owner/ operator shall provide a copy of the agreement within 9- days to the State and affected local government and make such a copy available for inspection by the public.

(c)NEW HOST COMMUNITY AGREEMENTS.

  1. Exemption from ban. Out of state MSW may be received for disposal or incineration pursuant to an agreement entered into or amended on or after the enactment of this section if the agreement specifically authorizes the receipt of such wastes
  2. Requirements for authorization must be subject to public notice and comment and the owner/ operator must provide the following information:
  3. A brief description of the facility, including expansion, etc
  4. A map of the facility
  5. A description of the current environmental characteristics of the site
  6. A description of environmental controls typically required to be used on the site
  7. A description of site access controls
  8. A list of all required permits
  9. Estimates of personnel requirements of the facility
  10. Any information that is required by State or Federal law

(d)EXEMPTION FOR WASTE NOT SUBJECT TO HOST COMMUNITY AGREEMENTS

  1. Out of state MSW shall be exempt from the presumptive ban if the owner/ operator provides the State with either of the following:
  2. Information establishing that the owner/ operator received a state permit authorizes receipt of such waste
  3. Information establishing that the owner/operator has entered into a binding contract before 1/4/2007 that commits to accepting a specific quantity of out of state MSW and that the owner/operator has permitted capacity actually available on the sate of enactment. This exemption is only effective for the longer of the life of the contract, not including any renewal, novation or extension or a period of 3 years after the date of enactment.

(e)REQUIRED COMPLIANCE

(f)AUTHORITY OF STATE TO RESTRICT OUT OF STATE MSW. Authorizes states to establish limits on the amount of out of state MSW received annually for disposal at each facility.

(g)LIMITATIONS ON PROSPETIVE WASTE FLOWS. Sets the limitation amount for any facility that began receiving documented out of state waste before the enactment of this Act at the amount received during 1993 or first subsequent year of documentation. Prohibits state limits from conflicting with permits or host community agreements. Prohibits discrimination against shipments of such waste on the basis of state origin.

(h)AUTHORITY OF STATE TO RESTRICT OUT OF STATE MSW BASED ON RECYCLING PROGRAMS. A state may limit the amount of out of state MSW received annual at each landfill or incinerator in the state to the amount of out of state MSW received during 1995 if the state has enacted a comprehensive statewide recycling program. Prohibits discrimination against shipments of such waste on the basis of state origin.

(i)COST RECOVERY SURCHARGE. Authorizes states to impose a cost recovery surcharge. Surcharge may not exceed the amount necessary to recover costs of implementation. Revenue shall be used to fund solid waste management programs in the state.

(j)INSPECTIONS. Authorizes states to require inspectors to be onsite during operation of a facility that receives out of state MSW.

(k)IMPLEMNTATION AND ENFORCEMENT

(l)ANNUAL STATE REPORT

(m)DEFINITIONS

  1. AFFECTED LOCAL GOVERNMENT means the public body authorized by state law to plan for the management of MSW
  2. HOST COMMUNITY AGREEMENT means a written, legally binding agreement, lawfully entered into between an owner/operator and the affected local government that specifically authorizes the facility to receive out of state MSW.
  3. MUNICIPAL SOLID WASTE means all waste materials discarded for disposal by households, include single family, multifamily and hotels and motels and
  4. All waste materials discarded for disposal that were generated by commercial, institutional, municipal and industrial sources, to the extent such materials are
  5. essentially the same a the materials described in (i) and
  6. were collected and disposed of with other MSW as part of normal collection services
  7. WASTE NOT INCLUDED. MSE does NOT include any of the following:
  8. Any solid waste identified or listed as hazardous under section 3001
  9. Any solid waste, including contaminated soil and debris, resulting from
  10. a response action taken under section 104 or 106 of CERCLA
  11. a response action taken under a state law with authorities comparable to CERCLA
  12. a corrective action taken under SWDA
  13. separately from waste destined for disposal
  14. scrap rubber to be used as a fuel source
  15. materials and products returned from a dispenser or distributor to the manufacturer or agent for credit valuation and possible reuse
  16. any solid waste that is
  17. generated by an industrial facility and
  18. transported for the purpose of treatment, storage or disposal to a facility that is owned or operated by the generated of the waste, located on the property owned by the generator
  19. any medical waste that is segregated from MSW
  20. sewage sludge and residuals from any sewage treatment plant
  21. Combustion ash generated by resource recovery facilities or municipal incinerators or waste from manufacturing or processing, including pollution control.
  22. Solid waste generated incident to the provision of service in interstate, intrastate, foreign or overseas air transportation.
  23. OUT OF STATE MSW means MSW generated outside of the US and includes MSW generated outside of the Sate that has passed through a transfer facility
  24. RECYCLABLE MATERIALS means materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed
  25. SPECIFICALLY AUTHORIZES refers to an explicit authorization contained in a host community agreement or permit to import MSW from outside the state.