I

104TH CONGRESS

1ST SESSION H. R. 1180

To amend the Solid Waste Disposal Act to provide congressional authorization

for restrictions on receipt of out-of-State municipal solid waste and

for State control over transportation of municipal solid waste, and to

clarify the authority for certain municipal solid waste flow control arrangements, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 9, 1995

Mr. UPTON (for himself, Mr. BOUCHER, and Mr. BONIOR) introduced the

following bill; which was referred to the Committee on Commerce

A BILL

To amend the Solid Waste Disposal Act to provide congressional authorization for restrictions on receipt of outof-State municipal solid waste and for State control over

transportation of municipal solid waste, and to clarify

the authority for certain municipal solid waste flow control arrangements, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘State and Local Gov5 ernment Interstate Waste Control Act of 1995’’.
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1 SEC. 2. INTERSTATE TRANSPORTATION AND DISPOSAL OF

2 MUNICIPAL SOLID WASTE.

3 Subtitle D of the Solid Waste Disposal Act (42

4 U.S.C. 6941 et seq.) is amended by adding after section

5 4010 the following new section:

6 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL

7 OF MUNICIPAL SOLID WASTE.

8 (a) RESTRICTION ON RECEIPT OF OUT-OF-STATE

9 WASTE.—

10 ‘‘(1) IN GENERAL.—(A) Except as provided in

11 subsections (c), (e), and (g), effective January 1,

12 1996, a landfill or incinerator in a State may not re13 ceive for disposal or incineration any out-of-State

14 municipal solid waste unless the owner or operator

15 of such landfill or incinerator obtains explicit author16 ization (as part of a host community agreement)

17 from the affected local government to receive the

18 waste.

19 ‘‘(B) An authorization granted after enactment

20 of this section pursuant to subparagraph (A) shall—

21 ‘‘(i) be granted by formal action at a meet22 ing;

23 ‘‘(ii) be recorded in writing in the official

24 record of the meeting; and

25 ‘‘(iii) remain in effect according to its

26 terms.
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1 ‘‘(C) An authorization granted pursuant to sub2 paragraph (A) may specify terms and conditions, in3 cluding an amount of out-of-State waste that an

4 owner or operator may receive and the duration of

5 the authorization.

6 ‘‘(D) Promptly, but not later than ninety days

7 after such an authorization is granted, the affected

8 local government shall notify the Governor, contig9 uous local governments, and any contiguous Indian

10 tribes of an authorization granted under this sub11 section.

12 ‘‘(2) INFORMATION.—Prior to seeking an au13 thorization to receive out-of-State municipal solid

14 waste pursuant to this subsection, the owner or op15 erator of the facility seeking such authorization shall

16 provide (and make readily available to the Governor,

17 each contiguous local government and Indian tribe,

18 and any other interested person for inspection and

19 copying) the following information:

20 ‘‘(A) A brief description of the facility, in21 cluding, with respect to both the facility and

22 any planned expansion of the facility, the size,

23 ultimate waste capacity, and the anticipated

24 monthly and yearly quantities (expressed in

25 terms of volume) of waste to be handled.
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1 ‘‘(B) A map of the facility site indicating

2 location in relation to the local road system and

3 topography and hydrogeological features. The

4 map shall indicate any buffer zones to be ac5 quired by the owner or operator as well as all

6 facility units.

7 ‘‘(C) A description of the then current en8 vironmental characteristics of the site, a de9 scription of ground water use in the area (in10 cluding identification of private wells and public

11 drinking water sources), and a discussion of al12 terations that may be necessitated by, or occur

13 as a result of, the facility.

14 ‘‘(D) A description of environmental con15 trols typically required to be used on the site

16 (pursuant to permit requirements), including

17 run on or run off management (or both), air

18 pollution control devices, source separation pro19 cedures (if any), methane monitoring and con20 trol, landfill covers, liners or leachate collection

21 systems, and monitoring programs. In addition,

22 the description shall include a description of

23 any waste residuals generated by the facility,

24 including leachate or ash, and the planned man25 agement of the residuals.
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1 ‘‘(E) A description of site access controls

2 to be employed, and roadway improvements to

3 be made, by the owner or operator, and an esti4 mate of the timing and extent of increased local

5 truck traffic.

6 ‘‘(F) A list of all required Federal, State,

7 and local permits.

8 ‘‘(G) Estimates of the personnel require9 ments of the facility, including information re10 garding the probable skill and education levels

11 required for jobs at the facility. To the extent

12 practicable, the information shall distinguish

13 between employment statistics for

14 preoperational and postoperational levels.

15 ‘‘(H) Any information that is required by

16 State or Federal law to be provided with re17 spect to any violations of environmental laws

18 (including regulations) by the owner, the opera19 tor, and any subsidiary of the owner or opera20 tor, the disposition of enforcement proceedings

21 taken with respect to the violations, and correc22 tive action and rehabilitation measures taken as

23 a result of the proceedings.

24 ‘‘(I) Any information that is required by

25 State or Federal law to be provided with re-
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1 spect to gifts and contributions made by the

2 owner or operator.

3 ‘‘(J) Any information that is required by

4 State or Federal law to be provided with re5 spect to compliance by the owner or operator

6 with the State solid waste management plan.

7 ‘‘(3) NOTIFICATION.—Prior to taking formal

8 action with respect to granting authorization to re9 ceive out-of-State municipal solid waste pursuant to

10 this subsection, an affected local government shall—

11 ‘‘(A) notify the Governor, contiguous local

12 government, and any contiguous Indian tribes;

13 ‘‘(B) publish notice of the action in a

14 newspaper of general circulation at least thirty

15 days before holding a hearing and again at

16 least fifteen days before holding the hearing, ex17 cept where State law provides for an alternate

18 form of public notification; and

19 ‘‘(C) provide an opportunity for public

20 comment in accordance with State law, includ21 ing at least one public hearing.

22 ‘‘(b) ANNUAL STATE REPORT.—

23 ‘‘(1) IN GENERAL.—Within ninety days after

24 enactment of this section and on April 1 of each

25 year thereafter the owner or operator of each landfill
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1 or incinerator receiving out-of-State municipal solid

2 waste shall submit to the affected local government

3 and to the Governor of the State in which the land4 fill or incinerator is located information specifying

5 the amount and State of origin of out-of-State mu6 nicipal solid waste received for disposal during the

7 preceding calendar year. Within one hundred and

8 twenty days after enactment of this section and on

9 July 1 of each year thereafter each such State shall

10 publish and make available to the Administrator, the

11 governor of the State of origin and the public a re12 port containing information on the amount of out13 of-State municipal solid waste received for disposal

14 in the State during the preceding calendar year.

15 ‘‘(2) CONTENTS.—Each submission referred to

16 in this subsection shall be such as would result in

17 criminal penalties in case of false or misleading in18 formation. Such submission shall include the amount

19 of waste received, the State of origin, the identity of

20 the generator, the date of shipment, and the type of

21 out-of-State municipal solid waste.

22 ‘‘(3) LIST.—The Administrator shall publish a

23 list of States that the Administrator has determined

24 have exported out of State in any of the following
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1 calendar years an amount of municipal solid waste

2 in excess of—

3 ‘‘(A) 3.5 million tons in 1996;

4 ‘‘(B) 3.0 million tons in 1997;

5 ‘‘(C) 3.0 million tons in 1998;

6 ‘‘(D) 2.5 million tons in 1999;

7 ‘‘(E) 2.5 million tons in 2000;

8 ‘‘(F) 1.5 million tons in 2001;

9 ‘‘(G) 1.0 million tons in 2002;

10 ‘‘(H) 1.0 million tons in 2003; and

11 ‘‘(I) 1.0 million tons in each calendar year

12 after 2003.

13 The list for any calendar year shall be published by

14 June 1 of the following calendar year.

15 ‘‘(4) SAVINGS PROVISION.—Nothin in this sub16 section shall be construed to preempt any State re17 quirement that requires more frequent reporting of

18 information.

19 ‘‘(c) FREEZE.—

20 ‘‘(1) ANNUAL AMOUNT.—(A) Beginning Janu21 ary 1, 1996, except as provided in paragraph (2)

22 and unless it would result in a violation of, or be in23 consistent with, a host community agreement or per24 mit specifically authorizing the owner or operator of

25 a landfill or incinerator to accept out-of-State mu-
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1 nicipal solid waste at such landfill or incinerator,

2 and notwithstanding the absence of a request in

3 writing by the affected local government, a Gov4 ernor, in accordance with paragraph (3), may limit

5 the quantity of out-of-State municipal solid waste re6 ceived for disposal at each landfill or incinerator cov7 ered by the exceptions provided in subsection (e)

8 that is subject to the jurisdiction of the Governor, to

9 an annual amount equal to the quantity of out-of10 State municipal solid waste received for disposal at

11 such landfill or incinerator during calendar year

12 1993.

13 ‘‘(B) At the request of an affected local govern14 ment that has not executed a host community agree15 ment, the Governor may limit the amount of out-of16 State municipal solid waste received annually for

17 disposal at the landfill or incinerator concerned to

18 the amount described in subparagraph (A). No such

19 limit may conflict with provisions of a permit specifi20 cally authorizing the owner or operator to accept, at

21 the facility, out-of-State municipal solid waste.

22 ‘‘(C) A limit or prohibition under this section

23 shall be treated as conflicting and inconsistent with

24 a permit or host community agreement if—
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1 ‘‘(i) the permit or host community agree2 ment establishes a higher limit; or

3 ‘‘(ii) the permit or host community agree4 ment does not establish any limit.

5 ‘‘(2) LIMITATION ON GOVERNOR’S AUTHOR6 ITY.—A Governor may not exercise the authority

7 granted under this subsection in a manner that

8 would require any owner or operator of a landfill or

9 incinerator covered by the exceptions provided in

10 subsection (e) to reduce the amount of out-of-State

11 municipal solid waste received from any State for

12 disposal at such landfill or incinerator to an annual

13 quantity less than the amount received from such

14 State for disposal at such landfill or incinerator dur15 ing calendar year 1993.

16 ‘‘(3) UNIFORMITY.—Any limitation imposed by

17 a Governor under paragraph (1)(A)—

18 ‘‘(A) shall be applicable throughout the

19 State;

20 ‘‘(B) shall not directly or indirectly dis21 criminate against any particular landfill or in22 cinerator within the State; and

23 ‘‘(C) shall not directly or indirectly dis24 criminate against any shipments of out-of-State
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1 municipal solid waste on the basis of place of

2 origin.

3 ‘‘(d) RATCHET.—

4 ‘‘(1) IN GENERAL.—Unless it would result in a

5 violation of, or be inconsistent with, a host commu6 nity agreement or permit specifically authorizing the

7 owner or operator of a landfill or incinerator to ac8 cept out-of-State municipal solid waste at such land9 fill or incinerator, immediately upon the date of pub10 lication of the list required under subsection (b)(3),

11 and notwithstanding the absence of a request in

12 writing by the affected local government, a Gov13 ernor, in accordance with paragraph (4), may pro14 hibit the disposal of out-of-State municipal solid

15 waste, at any landfill or incinerator covered by the

16 exceptions in subsection (e) that is subject to the ju17 risdiction of the Governor, generated in any State

18 that is determined by the Administrator under sub19 section (b)(3) as having exported, to landfills or in20 cinerators not covered by host community agree21 ments or permits, in any of the following calendar

22 years an amount of municipal solid waste in excess

23 of the following:

24 ‘‘(A) 3.5 million tons in 1996.

25 ‘‘(B) 3.0 million tons in 1997.
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1 ‘‘(C) 3.0 million tons in 1998.

2 ‘‘(D) 2.5 million tons in 1999.

3 ‘‘(E) 2.5 million tons in 2000.

4 ‘‘(F) 1.5 million tons in 2001.

5 ‘‘(G) 1.5 million tons in 2002.

6 ‘‘(H) 1.0 million tons in 2003.

7 ‘‘(I) 1.0 million tons in each calendar year

8 after 2003.

9 ‘‘(2) ADDITIONAL EXPORT LIMITS.—

10 ‘‘(A) PROHIBITION.—No State may export

11 to any one State more than the following

12 amounts of municipal solid waste in any of the

13 following calendar years:

14 ‘‘(i) 1.0 million tons, or 90 percent of

15 the 1993 levels exported to the State,

16 whichever is greater, in 1996.

17 ‘‘(ii) .9 million tons, or 90 percent of

18 the 1996 levels exported to the State,

19 whichever is greater, in 1997.

20 ‘‘(iii) .8 million tons, or 90 percent of

21 the 1997 levels exported to a State, which22 ever is greater, in 1998.

23 ‘‘(iv) .7 million tons, or 90 percent of

24 the 1998 levels exported to a State, which25 ever is greater, in 1999.
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1 ‘‘(v) .6 million tons in 2000.

2 ‘‘(vi) .5 million tons in 2001.

3 ‘‘(vii) .5 million tons in any year after

4 2001, to landfills or incinerators not cov5 ered by host community agreements or

6 permits authorizing receipt of out-of-State

7 municipal solid waste.

8 ‘‘(B) ACTION BY GOVERNOR.—The Gov9 ernor of an importing State may restrict levels

10 of imports of municipal solid waste into that

11 State to reflect the levels specified in subpara12 graph (A) if—

13 ‘‘(i) The Governor of the importing

14 State has notified the Governor of the re15 porting State and the Administrator twelve

16 months prior to enforcement of the import17 ing State’s intention to impose the require18 ments of this section;

19 ‘‘(ii) the Governor of the importing

20 State has notified the Governor of the ex21 porting State and the Administrator of the

22 violation by the exporting State of this sec23 tion at least ninety days prior to the en24 forcement of this section; and
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1 ‘‘(iii) the restrictions imposed by the

2 Governor of the importing State are uni3 form at all facilities within the State re4 ceiving municipal solid waste from the ex5 porting State.

6 ‘‘(3) DURATION.—The authority provided by

7 paragraph (1) or (2) or both shall apply for as long

8 as a State exceeds the levels allowable under para9 graph (1) or (2), as the case may be.

10 ‘‘(4) UNIFORMITY.—Any restriction imposed by

11 a State under paragraph (1) or (2)—

12 ‘‘(A) shall be applicable throughout the

13 State;

14 ‘‘(B) shall not directly or indirectly dis15 criminate against any particular landfill or in16 cinerator within the State; and

17 ‘‘(C) shall not directly or indirectly dis18 criminate against any shipments of out-of-State

19 municipal solid waste on the basis of State of

20 origin, in the case of States in violation of para21 graph (1) or (2).

22 ‘‘(e) AUTHORIZATION NOT REQUIRED FOR CERTAIN

23 FACILITIES.—

24 ‘‘(1) IN GENERAL.—The prohibition of the dis25 posal of out-of-State municipal solid waste in sub-
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1 section (a) shall not apply to landfills and inciner2 ators that—

3 ‘‘(A) were in operation on the date of en4 actment of this section and received during cal5 endar year 1993 documented shipments of out6 of-State municipal solid waste, or

7 ‘‘(B) before the date of enactment of this

8 section, the owner or operator entered into a

9 host community agreement or received a permit

10 specifically authorizing the owner or operator to

11 accept at the landfill or incinerator municipal

12 solid waste generated outside the State in which

13 it is or will be located.

14 ‘‘(2) AVAILABILITY OF DOCUMENTATION.—The

15 owner or operator of a landfill or incinerator that is

16 exempt under paragraph (1) of this subsection from

17 the requirements of subsection (a) shall provide to

18 the State and affected local government, and make

19 available for inspection by the public in the affected

20 local community, a copy of the host community

21 agreement or permit referenced in paragraph (1).

22 The owner or operator may omit from such copy or

23 other documentation any proprietary information,

24 but shall ensure that at least the following informa25 tion is apparent: the volume of out-of-State munici-
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1 pal solid waste received, the place of origin of the

2 waste, and the duration of any relevant contract.

3 ‘‘(3) DENIED OR REVOKED PERMITS.—A land4 fill or incinerator may not receive for disposal or in5 cineration out-of-State municipal solid waste in the

6 absence of a host community agreement if the oper7 ating permit or license for the landfill or incinerator

8 (or renewal thereof) was denied or revoked by the

9 appropriate State agency before the date of enact10 ment of this section unless such permit or license (or

11 renewal) has been reinstated as of such date of en12 actment.

13 ‘‘(4) WASTE WITHIN BI-STATE METROPOLITAN

14 STATISTICAL AREAS.—The owner or operator of a

15 landfill or incinerator in a State may receive out-of16 State municipal solid waste without obtaining au17 thorization under subsection (a) from the affected

18 local government if the out-of-State waste is gen19 erated within, and the landfill or incinerator is lo20 cated within, the same bi-State level A metropolitan

21 statistical area (as defined by the Office of Manage22 ment and Budget and as listed by the Office of

23 Management and Budget as of the date of enact24 ment of this section) that contains two contiguous

25 major cities each of which is in a different State.
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1 ‘‘(f) IMPLEMENTATION AND ENFORCEMENT.—Any

2 State may adopt such laws and regulations, not inconsist3 ent with this section, as are necessary to implement and

4 enforce this section, including provisions for penalties.

5 ‘‘(g) SAVINGS CLAUSE.—Nothing in this section shall

6 be interpreted or construed to have any effect on State

7 law relating to contracts or to authorize or result in the

8 violation or failure to perform the terms of a written, le9 gally binding contract entered into before enactment of

10 this section during the life of the contract as determined

11 under State law.

12 ‘‘(h) DEFINITIONS.—As used in this section:

13 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A)

14 For any landfill or incinerator, the term ‘affected

15 local government’ means—

16 ‘‘(i) the public body authorized by State

17 law to plan for the management of municipal

18 solid waste, a majority of the members of which

19 are elected officials, for the area in which the

20 landfill or incinerator is located or proposed to

21 be located; or

22 ‘‘(ii) if there is no such body created by

23 State law or if a majority of the authorized

24 public body’s members are not elected officials

25 the elected officials of the city, town, or town-
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1 ship, borough, county, or parish exercising pri2 mary responsibility for the use of the land on

3 which the facility is located or is proposed to be

4 located, except that for purposes of host com5 munity agreements entered into before the date

6 of enactment of this section, the term shall

7 mean either the public body described in sub8 paragraph (A) or the elected officials of the

9 city, town, township, borough, county, or parish

10 exercising primary responsibility for the use of

11 the land on which the facility is located or pro12 posed to be located. No host community agree13 ment that is entered into by the elected officials

14 described in clause (ii) may be overturned by an

15 act of a public body described in clause (i) if

16 such body is created by State law after the exe17 cution of such host community agreement.

18 ‘‘(B) Two or more Governors of adjoining

19 States may use the authority provided in section

20 1005(b) to enter into an agreement under which

21 contiguous units of local government located in each

22 of the adjoining States may act jointly as the af23 fected local government for purposes of providing

24 authorization under subsection (a) for municipal

25 solid waste generated in one of the jurisdictions de-
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1 scribed in subparagraph (A) and received for dis2 posal or incineration in another.

3 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

4 term ‘host community agreement’ means a written,

5 legally binding document or documents executed by

6 duly authorized officials of the affected local govern7 ment that specifically authorizes a landfill or inciner8 ator to receive municipal solid waste generated out9 of-State.

10 ‘‘(3) MUNICIPAL SOLID WASTE.—The term

11 ‘municipal solid waste’ means refuse (and refuse-de12 rived fuel) discarded from a residential source, or

13 from a commercial, institutional, or industrial source

14 (or any combination thereof) to the extent such

15 waste is essentially the same as waste normally dis16 carded by households or was collected and disposed

17 of with other municipal solid waste as part of nor18 mal municipal solid waste collection services, and re19 gardless of when discarded, would be considered con20 ditionally exempt small quantity generator waste

21 under section 1001(d), such as paper, food, wood,

22 yard wastes, plastics, leather, rubber, appliances, or

23 other combustible or noncombustible materials such

24 as metal or glass (or any combination thereof). The
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1 term ‘municipal solid waste’ does not include any of

2 the following:

3 ‘‘(A) Any solid waste identified or listed as

4 a hazardous waste under section 3001.

5 ‘‘(B) Any solid waste, including contami6 nated soil and debris, resulting from a response

7 action taken under section 104 or 106 of the

8 Comprehensive Environmental Response, Com9 pensation, and Liability Act of 1980 (42 U.S.C.

10 9604 or 9606) or a corrective action taken

11 under this Act.

12 ‘‘(C) Recyclable materials that have been

13 separated, at the source of the waste, from

14 waste otherwise destined for disposal or that

15 have been managed separately from waste des16 tined for disposal.

17 ‘‘(D) Any solid waste that is—

18 ‘‘(i) generated by an industrial facil19 ity; and

20 ‘‘(ii) transported for the purpose of

21 treatment, storage, or disposal to a facility

22 that is owned or operated by the generator

23 of the waste, or is located on property

24 owned by the generator of the waste, or is
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1 located on property owned by a company

2 with which the generator is affiliated.

3 ‘‘(E) Any solid waste generated incident to

4 the provision of service in interstate, intrastate,

5 foreign, or overseas air transportation.

6 ‘‘(F) Except as specifically set out in sec7 tion 4011, (a), sewage sludge and residuals

8 from any sewage treatment plan, including any

9 sewage treatment plant required to be con10 structed in the state of Massachusetts pursuant

11 to any court order issued against the Massachu12 setts Water Resources Authority.

13 ‘‘(G) Combustion ash generated by re14 source recovery facilities or municipal inciner15 ators, or waste from manufacturing or process16 ing (including pollution control) operations not

17 essentially the same as waste normally gen18 erated by households.

19 ‘‘(H) Any medical waste that is segregated

20 from or not mixed with municipal solid waste

21 (as otherwise defined in this paragraph).

22 ‘‘(I) Any material or product returned

23 from a dispenser or distributor to the manufac24 turer for credit, evaluation, or possible reuse.
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1 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

2 WASTE.—The term ‘out-of-State municipal solid

3 waste’ means, with respect to any State, municipal

4 solid waste generated outside of the State. The term

5 shall include municipal solid waste generated outside

6 of the United States.

7 ‘‘(5) SPECIFICALLY AUTHORIZED, SPECIFI8 CALLY AUTHORIZES.—The terms ‘specifically au9 thorized’ and ‘specifically authorizes’ means an ex10 plicit authorization, contained in a host community

11 agreement or permit, to import waste from outside

12 the State. Such authorization may include a ref13 erence to a fixed radius surrounding the landfill or

14 incinerator that includes an area outside the State

15 or a reference to ‘any place of origin’, reference to

16 specific places outside the State, or use of such

17 phrases a ‘regardless of origin’ or ‘outside the

18 State’. The language for such authorization may

19 vary as long as it clearly and affirmatively states the

20 approval or consent of the affected local government

21 or State for receipt of municipal solid waste from

22 sources or locations outside the State.’’.
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1 SEC. 3. ADDITIONAL RESTRICTIONS.

2 (a) Subtitle D of the Solid Waste Disposal Act (42

3 U.S.C. 6941 et seq.) is amended by adding after section

4 4010 the following new section:

5 ‘‘SEC. 4011. INTERSTATE DISPOSAL OF SEWAGE SLUDGE.

6 ‘‘(a) Notwithstanding any other provision of this act,

7 agricultural land or surface mine sites in a State may not

8 receive for disposal any out-of-State sewage sludge or re9 siduals from any sewage treatment plant unless the owner

10 of the agricultural land or surface mine site obtains ex11 plicit authorization (as a part of a host community agree12 ment) from the affected local government to receive the

13 sludge or residuals.’’.

14 SEC. 4. TABLE OF CONTENTS AMENDMENT.

15 The table of contents in section 1001 of the Solid

16 Waste Disposal Act (42 U.S.C. prec. 6901) is amended

17 by adding after the item relating to section 4010 the fol18 lowing new item:

‘‘Sec. 4011. Interstate transportation and disposal of municipal solid waste.’’.

19 SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND

20 LOCAL GOVERNMENT CONTROL OVER MOVE21 MENT OF MUNICIPAL SOLID WASTE AND RE22 CYCLABLE MATERIALS.

23 (a) AMENDMENT OF SUBTITLE D.—Subtitle D of the

24 Solid Waste Disposal Act is amended by adding after sec25 tion 4010 the following new section:
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1 ‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE

2 AND LOCAL GOVERNMENT CONTROL OVER

3 MOVEMENT OF MUNICIPAL SOLID WASTE

4 AND RECYCLABLE MATERIALS.

5 ‘‘(a) AUTHORITY.—Each State and each political

6 subdivision thereof is authorized to exercise flow control

7 authority for municipal solid waste, and recyclable mate8 rials voluntarily relinquished by the owner or generator

9 of such materials, generated within its jurisdiction direct10 ing such municipal solid waste or recyclable materials to

11 one or more waste management facilities or facilities for

12 recyclable materials, if such flow control authority—

13 ‘‘(1) is imposed pursuant to a law, ordinance,

14 regulation, or other legally binding provision or offi15 cial act of the State or political subdivision in effect

16 on May 15, 1994; and

17 ‘‘(2) has been implemented by designating be18 fore May 15, 1994, the particular waste manage19 ment facilities in operation as of May 15, 1994, to

20 which the municipal solid waste or recyclable mate21 rials must be delivered.

22 The authority of this section shall only extend to the spe23 cific classes, categories, volumes or sources of municipal

24 solid waste to which flow control authority requiring a

25 movement to one or more waste management facilities was

26 actually applied on May 15, 1994 (or, in the case of a
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1 State or political subdivision that qualifies under sub2 section (b), to the specific classes or categories of munici3 pal solid waste for which the State or political subdivision

4 prior to May 15, 1994, had committed to the designation

5 of one or more waste management facilities). With regard

6 to facilities granted flow control authority pursuant to

7 subsection (b), if the specific classes or categories of mu8 nicipal solid waste are not clearly identified, the authority

9 of this section shall apply only to municipal solid waste

10 generated by households. With respect to each designated

11 facility, the authority of subsections (a) and (b) shall be

12 effective for the remaining life of a contract between the

13 State or political subdivision and any other person for the

14 movement or delivery of such waste or recyclable materials

15 (as in effect May 15, 1994), or until completion of the

16 original schedule for payment of the capital costs of the

17 facility concerned (as in effect May 15, 1994). With re18 spect to any facility to which a local government was di19 recting waste as of May 15, 1994, pursuant to a law or

20 ordinance of the state or political subdivision in effect on

21 May 15, 1994, the authority of this section shall be effec22 tive for the remaining life of a contract between the state

23 or political subdivision and any other person for the move24 ment or delivery of such waste or recyclable materials (as

25 in effect May 15, 1994) or until completion of the original
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1 schedule for payment of the capital costs of the facility

2 concerned (as in effect May 15, 1994).

3 ‘‘(b) COMMITMENT TO CONSTRUCTION.—Notwith4 standing the restrictions in subsection (a) (1) and (2), any

5 political subdivision of a State may be granted the flow

6 control authority in subsection (a), if—

7 ‘‘(1) the law, ordinance, regulation, or other le8 gally binding provision specifically provides for flow

9 control authority for municipal solid waste generated

10 within its boundaries and was in effect as of May

11 15, 1994; and

12 ‘‘(2) such political subdivision has taken action

13 prior to May 15, 1994, to commit to the designation

14 of one or more waste management facilities for such

15 method of disposal of municipal solid waste selected

16 under such law, ordinance, regulation, plan, or le17 gally binding provision. Such a commitment to the

18 designation of one or more waste management facili19 ties is demonstrated if the political subdivision of a

20 state presented revenue bonds for sale to specifically

21 provide revenue for the construction of such facility

22 prior to May 15, 1994.

23 ‘‘(c) RETAINED AUTHORITY.—Upn the request of

24 any generator of municipal solid waste affected by this

25 section, the State or political subdivision shall authorize
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1 the diversion of all or a portion of the sold wastes gen2 erated by the generator making such request to a solid

3 waste facility, other than the facility or facilities originally

4 designated by the political subdivision, where the purpose

5 of such request is to provide a higher level of protection

6 for human health and the environment or to indemnify

7 or reduce potential future liability under Federal or State

8 law of such generator for the management of such wastes,

9 unless the state or political subdivision determines that the

10 facility to which the municipal solid waste is being diverted

11 does not provide a higher level of protection for human

12 health and the environment or does not indemnify or re13 duce the potential future liability under Federal or State

14 law of such generator for the management of such wastes.

15 Requests shall include information on the environmental

16 suitability of the proposed alternative treatment or dis17 posal facility and method, compared to that of the des18 ignated facility and method.

19 ‘‘(d) REASONABLE REGULATION OF COMMERCE.—A

20 law, ordinance, regulation, or other legally binding provi21 sion or official act of a State or political subdivision, de22 scribed in subsection (a) or (b), that implements flow con23 trol authority in compliance with this section shall be con24 sidered to be a reasonable regulation of commerce and

25 shall not be considered to be an undue burden or otherwise
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1 as impairing, restraining, or discriminating against inter2 state commerce.

3 ‘‘(e) FLOW CONTROL STUDY.—The Administrator, in

4 cooperation with the National Academy of Public Adminis5 tration and the Secretary of the Treasury, shall conduct

6 a study of the extent to which the decision of the United

7 States Supreme Court in C&A Carbone v. Clarkstown,

8 New York has affected the ability of public and private

9 agencies and entities to secure or retain financing for solid

10 waste management facilities or services. Such study shall

11 address whether such decision is likely to interfere with

12 the implementation of State solid waste management

13 plans, and whether such decision is likely to affect recy14 cling or composing. The Administration shall submit a re15 port on such study to the Congress, together with rec16 ommendations for needed legislation, if any, not later than

17 March 31, 1996.

18 ‘‘(f) EFFECT ON EXISTING LAWS AND CON19 TRACTS.—

20 ‘‘(1) ENVIRONMENTAL LAWS.—Nothing in this

21 section shall be interpreted or construed to have any

22 effect on any other law relating to the protection of

23 human health and the environment, or the manage24 ment of municipal solid waste or recyclable mate25 rials.
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1 ‘‘(2) STATE LAW.—Nothing in this section shall

2 be interpreted to authorize a political subdivision to

3 exercise the flow control authority granted by this

4 section in a manner inconsistent with State law.

5 ‘‘(3) OWNERSHIP OF RECYCLABLE MATE6 RIALS.—Nothing in this section shall authorize any

7 State or political subdivision to require any genera8 tor or owner of recyclable materials to transfer any

9 recyclable materials to such State or political sub10 division, nor shall prohibit any generator or owner of

11 recyclable materials from selling, purchasing, accept12 ing, conveying, or transporting any recyclable mate13 rials for purposes of transformation or remanufac14 ture into usable or marketable materials, unless the

15 generator or owner voluntarily made such recyclable

16 materials available to the State or political subdivi17 sion and relinquished any rights to, or ownership of,

18 such recyclable materials.

19 ‘‘(g) DEFINITIONS.—For the purposes of this sec20 tion—

21 ‘‘(1) MUNICIPAL SOLID WASTE.—The term

22 ‘muncipial solid waste’ means, subject to the limita23 tions of subsection (a), any solid waste generated by

24 the general public or by households (including single

25 residences and multifamily residences of up to 4
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1 units) and from commercial, institutional, and in2 dustrial sources, to the extent such waste is essen3 tially the same as waste normally generated by

4 households or was collected and disposed of with

5 other municipal solid waste as part of normal munic6 ipal solid waste collection services, consisting of

7 paper, wood, yard waste, plastics, leather, rubber,

8 and other combustible materials and noncombustible

9 materials such as metal and glass, including residue

10 remaining after recyclable materials have been sepa11 rated from waste destined for disposal, and includ12 ing waste material removed from a septic tank,

13 septage pit, or cesspool (other than from portable

14 toilets), except that the term does not include—

15 ‘‘(A) any waste identified or listed as a

16 hazardous waste under section 3001 of this Act

17 or waste regulated under the Toxic Substances

18 and Control Act;

19 ‘‘(B) any waste, including contaminated

20 soil and debris, resulting from response taken

21 under section 104 or 106 of the Comprehensive

22 Environmental Response, Compensation, and

23 Liability Act of 1980 or any corrective action

24 taken under this Act;

25 ‘‘(C) construction and demolition debris;
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1 ‘‘(D) medical waste listed in section 11002

2 of this Act;

3 ‘‘(E) industrial waste generated by manu4 facturing or industrial processes, including

5 waste generated during scrap processing and

6 scrap recycling;

7 ‘‘(F) recyclable materials; or

8 ‘‘(G) sludge.

9 ‘‘(2) RECYCLABLE MATERIALS.—The term ‘re10 cyclable materials’ means any materials that have

11 been separated from waste otherwise destined for

12 disposal (either at the source of the waste or at

13 processing facilities) or that have been managed sep14 arately from waste destined for disposal, for the pur15 pose of recycling, reclamation, composing of organic

16 materials such as food and yard waste, or reuse

17 (other than for the purpose of incineration). Mate18 rials shall be deemed ‘recyclable materials’ for the

19 purpose of subsection (a) only if the generator or

20 owner of the materials voluntarily made the mate21 rials available to the State or political subdivision

22 (or the designee of the State or political subdivision)

23 and relinquished any rights to, or ownership of, such

24 materials, and the State or political subdivision (or
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1 such designee) assumes such rights to, or ownership

2 of, such materials.

3 ‘‘(3) WASTE MANAGEMENT FACILITY.—The

4 term ‘waste management facility’ means any facility

5 collecting, separating, storing, transporting, trans6 ferring, treating, processing, combusting, or dispos7 ing of municipal solid waste.

8 ‘‘(4) FLOW CONTROL AUTHORITY.—The term

9 ‘flow control authority’ means the authority to con10 trol the movement of solid waste or recyclable mate11 rials and direct such solid waste or recyclable mate12 rials to one or more designated waste management

13 facilities or facilities for recyclable materials.

14 ‘‘(5) DESIGNATE; DESIGNATION.—The terms

15 ‘designate’, ‘designated’, ‘designating’, and ‘designa16 tion’ mean a requirement of a State or political sub17 division, and the act of a State or political subdivi18 sion, to require that all or any portion of the munici19 pal solid waste or recyclable materials that is gen20 erated within the boundaries of the State or political

21 subdivision be delivered to a waste management fa22 cility or facility for recyclable materials identified by

23 the State or political subdivision.’’.
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1 SEC. 6. TABLE OF CONTENTS AMENDMENT.

2 The table of contents for subtitle D of the Solid

3 Waste Disposal Act is amended by adding the following

4 new item after the item relating to section 4010:

‘‘Sec. 4011. Congressional authorization of State and local government control

over movement of municipal solid waste and recyclable materials.’’.

Æ

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