WASTE LEGISLATION

Legislative efforts by states to control waste imports, appear more designed to invite litigation and placate the public, than to affectively address waste imports. 

FEDERAL LEGISLATION TO CONTROL INTERSTATE WASTE...WON'T WORK

The centerpiece of several states' strategy to control out-of-state waste has been the proposed federal Interstate Waste legislation (see below), which has been sitting in Congress since about 1992.  Support for this legislation has killed debate on legitimate solutions to the waste crisis. This legislation will not protect states from waste imports for the following reasons:

1. It only applies to "unwanted" waste. Local community "Host Agreements" can supercede any action taken by the state to limit waste imports. That could leave economically disadvantaged communities vulnerable to legal and/or economic persuasion from the waste industry.
2. It does not limit the total amount of trash that can be imported from other states or nations.
3. It only applies to municipal landfills. It does not apply to other commercial or private waste landfills and incinerators, including cement kilns, that may accept wastes, such as hazardous, radioactive, residual (industrial), medical (infectious), or other types of waste.
4. It only applies to household type wastes. Other types of more hazardous waste that are disposed in municipal landfills will remain unaffected, such as sewage sludge, medical waste, incinerator ash, asbestos, contaminated soil and construction debris, industrial and hazardous waste.

1999 - HOUSE & SENATE LEGISLATION: (search 'THOMAS' for exact legislation)

• HR 1190 IH / 106th CONGRESS / 1st Session / H. R. 1190 / To impose certain limitations on the receipt of out-of-State municipal solid waste , to authorize State and local controls over the flow of municipal solid waste , and for other purposes. / IN THE HOUSE OF REPRESENTATIVES / March 18, 1999/ Mr. GREENWOOD (and others) introduced the following bill; which was referred to the Committee on Commerce
• S 663 IS / 106th CONGRESS / 1st Session / S. 663 / To impose certain limitations on the receipt of out-of-State municipal solid waste , to authorize State and local controls over the flow of municipal solid waste , and for other purposes. / IN THE SENATE OF THE UNITED STATES / March 18, 1999/ Mr. SPECTER introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

This legislation appears to be limited to a more even distribution of waste from large waste exporting states.

• S 533 IS / 106th CONGRESS / 1st Session / S. 533 / To amend the Solid Waste Disposal Act to authorize local governments and Governors to restrict receipt of out-of-State municipal solid waste , and for other purposes./ IN THE SENATE OF THE UNITED STATES / March 4, 1999/ Mr. ROBB (for himself and Mr. WARNER), introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

FOREIGN WASTE IMPORTS 

SEE: GlobalWasteTrade

Currently, there is no prohibition against the import or export of disposal waste. This legislation addresses the issue of foreign waste imports, but not waste exports:

• HR 379 IH / 106th CONGRESS / 1st Session / H. R. 379 / To permit States to prohibit the disposal of solid waste imported from other nations./ IN THE HOUSE OF REPRESENTATIVES / January 19, 1999 / Mr. GILLMOR introduced the following bill; which was referred to the Committee on Commerce

ALSO SEE:

• ZWA Analysis: 'Disposal Bans' Can Protect States From Waste Imports
• Pennsylvania House Bill 2512 (Spring 1998) calls for a Moratorium on Municipal Waste Disposal Permits until PA Dept. of Environmental Protection implements a Solid Waste Management Plan, per RCRA.