Interstate Transportation of Municipal Solid Waste Act of 1997
Read twice and referred to the Committee on Environment and Public Works.
Congressional Research Service
Official summary
Version 00 · Introduced in Senate · Mar 18, 1997
Interstate Transportation of Municipal Solid Waste Act of 1997 - Amends the Solid Waste Disposal Act to authorize a State Governor, if requested by an affected local government, to prohibit the disposal of out-of-State municipal waste in any landfill or incinerator subject to the jurisdiction of the Governor or the local government. Exempts from a Governor's authority to prohibit the disposal of out-of-State waste: (1) landfills that received documented shipments of such waste in 1993 and are in compliance with State laws relating to design and location standards, leachate collection, groundwater monitoring, and financial assurance for closure and post-closure and corrective action; (2) proposed landfills that, prior to January 1, 1993, received an authorization as part of a host community agreement from the affected local government to receive municipal waste generated out-of-State and a State notice of decision to grant a construction permit; or (3) incinerators that received documented shipments of such waste during 1993 and are in compliance with performance standards under the Clean Air Act and State laws relating to facility design and operations. Permits Governors, without the request of affected local governments, to limit the quantity of out-of-State municipal waste received for disposal at landfills covered by exceptions under this Act as follows: (1) for each landfill, to an annual quantity equal to that received for disposal at the landfill during 1993; and (2) for the State, 95 percent of the quantity received by the State during the previous calendar year for 1997 through 2003 and 65 percent of the quantity received during 1993 for 2004 and succeeding years. Sets annual quantity limitations on the export of municipal solid waste by a State to landfills or incinerators in another State that are not covered by host community agreements or permits authorizing receipt. Prohibits discrimination against any particular landfill and against shipments of out-of-State waste on the basis of State of origin. Authorizes States to deny permits for the construction or operation of a new landfill or incinerator or a major modification of an existing landfill or incinerator if: (1) the State has approved a State or local comprehensive solid waste management plan developed under Federal or State law; and (2) the denial is based on the State's determination that there is not a local or regional need for the landfill or incinerator in the State. Allows States not exercising such permit denial authority to require that a permit issued for a new landfill or incinerator or an expansion include an annual limitation of not less than 20 percent on the total quantity of out-of-State municipal solid waste relative to the total waste received by the facility. Allows a facility with specific authorization to receive a specific quantity of out-of-State waste pursuant to a host community agreement entered into prior to enactment of this Act to receive that quantity, notwithstanding the foregoing State requirement.
Source last updated: Sep 8, 2026. Consult Congress.gov for the current record.
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