I

104TH CONGRESS

1ST SESSION H. R. 1085

To amend the Solid Waste Disposal Act to provide congressional authorization

for State and local flow control authority over solid waste, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 28, 1995

Mr. SMITH of New Jersey (for himself, Mr. OXLEY, Mr. PALLONE, Mr.

MINGE, Mrs. ROUKEMA, and Mr. SAXTON) 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 State and local flow control authority over solid waste, 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 ‘‘Local Governments

5 Flow Control Act of 1995’’.
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1 SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE AND

2 LOCAL FLOW CONTROL AUTHORITY OVER

3 SOLID WASTE.

4 Subtitle D of the Solid Waste Disposal Act (42

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

6 4010 the following new section:

7 ‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE

8 AND LOCAL FLOW CONTROL AUTHORITY

9 OVER SOLID WASTE.

10 ‘‘(a) AUTHORITY.—

11 ‘‘(1) IN GENERAL.—Each State and each quali12 fied political subdivision may exercise flow control

13 authority if, before May 15, 1994, the State or

14 qualified political subdivision—

15 ‘‘(A) adopted a flow control measure or

16 measures, individually or collectively, that re17 quired the delivery of flow controllable solid

18 waste to a proposed or an existing waste man19 agement facility; or

20 ‘‘(B) adopted a flow control measure that

21 identified the use of one or more waste manage22 ment methods that will be necessary for the

23 transportation, management, or disposal of flow

24 controllable solid waste, and committed to des25 ignate one or more waste management facilities

26 for such method or methods.
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1 ‘‘(2) RECYCLABLES.—Each State and each

2 qualified political subdivision may exercise flow con3 trol authority over voluntarily relinquished recyclable

4 materials generated within the boundaries of the

5 State or qualified political subdivision.

6 ‘‘(3) REASONABLE REGULATION OF COM7 MERCE.—

8 ‘‘(A) A flow control measure of a State or

9 qualified political subdivision that implements

10 or exercises flow control authority in compliance

11 with this section shall be considered to be a rea12 sonable regulation of commerce and shall not be

13 considered to be an undue burden on or other14 wise as impairing, restraining, or discriminating

15 against interstate commerce.

16 ‘‘(B) A contract or franchise agreement of

17 a State or qualified political subdivision that

18 provides the exclusive or nonexclusive authority

19 for the collection, transportation, or disposal of

20 flow controllable solid waste, and that does not

21 involve the exercise of flow control authority,

22 shall be considered to be a reasonable regula23 tion of commerce and shall not be considered to

24 be an undue burden on or otherwise as impair-
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1 ing, restraining, or discriminating against inter2 state commerce.

3 ‘‘(b) LIMITATIONS.—

4 ‘‘(1) LIMITATION OF AUTHORITY REGARDING

5 RECYCLABLE MATERIALS.—A State or qualified po6 litical subdivision may exercise flow control authority

7 over recyclable materials only if—

8 ‘‘(A) the generator or owner of the mate9 rials voluntarily made the materials available to

10 the State or qualified political subdivision, or

11 the designee of the State or qualified political

12 subdivision, and relinquished any rights to, or

13 ownership of, such materials;

14 ‘‘(B) the State or qualified political sub15 division, or the designee of the State or quali16 fied political subdivision, assumes such rights

17 to, or ownership of, such materials; and

18 ‘‘(C) the State or qualified political sub19 division complies with any Federal or State law

20 or solid waste planning requirement to sepa21 rate, or divert at the point of generation, recy22 clable materials from solid waste for purposes

23 of recycling, reclamation, or reuse.

24 ‘‘(2) LIMITATION OF AUTHORITY REGARDING

25 NEED.—
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1 ‘‘(A) A State or qualified political subdivi2 sion may designate a waste management facility

3 after the effective date of this section and exer4 cise flow control authority to that facility only

5 if, after conducting one or more public hear6 ings, the State or qualified political subdivi7 sion—

8 ‘‘(i) finds, on the basis of the record

9 developed at the hearing or hearings, that

10 it is necessary to exercise such flow control

11 authority to meet the current solid waste

12 management needs (as of the date of the

13 record) or the anticipated solid waste man14 agement needs of the State or qualified po15 litical subdivision;

16 ‘‘(ii) finds, on the basis of the record

17 developed at the hearing or hearings, that

18 such flow control authority is necessary to

19 provide short and long term integrated

20 solid waste management services in an eco21 nomically efficient and environmentally

22 sound manner, considering, among other

23 things, an analysis of the ability of the pri24 vate sector and public bodies to provide
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1 such services with and without flow control

2 authority; and

3 ‘‘(iii) provides a written explanation of

4 the reasons for the findings described in

5 clauses (i) and (ii), which may include a

6 finding of a preferred waste management

7 method or methods for providing such inte8 grated solid waste management services.

9 ‘‘(B) The flow control authority of this sec10 tion shall remain in effect with respect to any

11 waste management facility until completion of

12 the schedule for payment of the capital costs of

13 the facility concerned (as in effect on May 15,

14 1994), or for the remaining useful life of the fa15 cility, or 10 years from the effective date of this

16 section, whichever is longer. At the end of such

17 period, the flow control authority shall continue

18 in effect for the waste management facility,

19 provided the State or qualified political subdivi20 sion complies with subparagraph (A) and sub21 section (c). For purposes of this paragraph, the

22 useful life of a waste management facility or

23 the schedule for payment of the capital cost of

24 the facility shall include any useful life exten-
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1 sion or any new debt payment schedule that re2 sults when—

3 ‘‘(i) the designated waste management

4 facility is required to retrofit or otherwise

5 make significant modifications to meet ap6 plicable environmental requirements or

7 safety requirements;

8 ‘‘(ii) routine repair or scheduled re9 placements of existing equipment or com10 ponents of a designated waste management

11 facility is undertaken that does not add to

12 the capacity of the waste management fa13 cility; or

14 ‘‘(iii) a designated waste management

15 facility expands on land legally or equitably

16 owned, or under option to purchase or

17 lease, by the owner or operator of such fa18 cility and the applicable permit includes

19 such land.

20 ‘‘(C) Each State and each qualified politi21 cal subdivision meeting the requirements of

22 subsection (a)(1)(A) may redesignate without

23 regard to the requirements of paragraphs

24 (2)(A) and subsection (c).
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1 ‘‘(D) Notwithstanding anything to the con2 trary in this section, paragraphs (2)(A) and

3 (2)(B) shall not apply to any State (or any of

4 its political subdivisions) that, on or before Jan5 uary 1, 1984, enacted regulations pursuant to

6 a State law that required or directed the trans7 portation, management, or disposal of solid

8 waste from residential, commercial, institutional

9 and industrial sources as defined by State law

10 to specific waste management facilities and ap11 plied those regulations to every political subdivi12 sion in the State.

13 ‘‘(3) LIMITATION ON SOLID WASTE CAT14 EGORIES.—The flow control authority granted by

15 this section shall apply only to the specific classes or

16 categories of flow controllable solid waste to which

17 the authority described in subsection (a)(1)(A) was

18 applied by the State or qualified political subdivision

19 before May 15, 1994, and to the specific classes or

20 categories of solid waste for which the State or

21 qualified political subdivision committed to designate

22 one or more waste management facilities as de23 scribed in subsection (a)(1)(B).

24 ‘‘(4) EXPIRATION OF AUTHORITY.—The flow

25 control authority granted in subsection (a)(1)(B)
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1 shall expire if a State or qualified political subdivi2 sion has not designated a waste management facility

3 within 3 years after the date of enactment of this

4 section.

5 ‘‘(5) LIMITATION ON REVENUE.—A State or

6 qualified political subdivision may exercise the flow

7 control authority granted in this section only if the

8 State or qualified political subdivision limits the use

9 of any of the revenues it derives from the exercise

10 of such authority primarily to solid waste manage11 ment services.

12 ‘‘(c) COMPETITIVE DESIGNATION PROCESS.—

13 ‘‘(1) IN GENERAL.—A State or qualified politi14 cal subdivision may designate a waste management

15 facility only if the State or qualified political subdivi16 sion develops and implements a competitive designa17 tion process. The process shall—

18 ‘‘(A) ensure that the designation process is

19 based on, or is part of, a solid waste manage20 ment plan that is adopted by the State or quali21 fied political subdivision and that is designed to

22 ensure long-term management capacity for flow

23 controllable solid waste;

24 ‘‘(B) set forth the goals of the designation

25 process, including at a minimum—
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1 ‘‘(i) capacity assurance;

2 ‘‘(ii) the establishment of provisions to

3 provide that protection of human health

4 and the environment will be achieved,

5 which may include a finding of a preferred

6 method or methods for providing solid

7 waste management services; and

8 ‘‘(iii) any other goals determined to be

9 relevant by the State or qualified political

10 subdivision;

11 ‘‘(C) ensure that the designation of each

12 facility is accomplished through an open com13 petitive process during which the State or quali14 fied political subdivision—

15 ‘‘(i) identifies in writing the criteria to

16 be utilized for selection of the facilities,

17 which shall not discriminate unfairly

18 against any particular waste management

19 facility, and shall not establish qualifica20 tions for selection that can only be met by

21 public bodies;

22 ‘‘(ii) provides a fair and equal oppor23 tunity for interested public persons and

24 private persons to offer their facilities for

25 designation;
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1 ‘‘(iii) identifies and compares reason2 able and available waste management facil3 ity alternatives, options, and costs; and

4 ‘‘(iv) evaluates and selects the facili5 ties for designation based on the merits of

6 the facilities in meeting the criteria identi7 fied; and

8 ‘‘(D) provide for public participation and

9 comment; and

10 ‘‘(E) base the designation of each such fa11 cility on reasons that shall be stated in a public

12 record.

13 ‘‘(2) CERTIFICATION.—

14 ‘‘(A) IN GENERAL.—A Governor of any

15 State may certify that the laws and regulations

16 of the State in effect on May 15, 1994, satisfy

17 the requirements for a competitive designation

18 process under paragraph (1).

19 ‘‘(B) PROCESS.—In making a certification

20 under subparagraph (A), a Governor shall—

21 ‘‘(i) publish notice of the proposed

22 certification in a newspaper of general cir23 culation and provide such additional notice

24 of the proposed certification as may be re25 quired by State law;
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1 ‘‘(ii) include in the notice of the pro2 posed certification or otherwise make read3 ily available a statement of the laws and

4 regulations subject to the certification and

5 an explanation of the basis for a conclusion

6 that the laws and regulations satisfy the

7 requirements of paragraph (1);

8 ‘‘(iii) provide interested persons an

9 opportunity to comment on the proposed

10 certification, for a period of time not less

11 than 60 days, after publication of the no12 tice; and

13 ‘‘(iv) publish notice of the final certifi14 cation, together with an explanation of the

15 basis for the final certification, in a news16 paper of general circulation and provide

17 such additional notice of the final certifi18 cation as may be required by State law.

19 ‘‘(C) APPEAL.—Within 120 days after

20 publication of the final certification under sub21 paragraph (B), any interested person may file

22 an appeal of the final certification in the United

23 States court of appeals for the circuit in which

24 the State is located for a judicial determination

25 that the certified laws and regulations do not
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1 satisfy the requirements of paragraph (1) or

2 that the certification process did not satisfy the

3 procedural requirements of subparagraph (B).

4 The appeal shall set forth the specific reasons

5 for the appeal of the final certification.

6 ‘‘(D) LIMITATION TO RECORD.—Any judi7 cial proceeding brought under subparagraph

8 (C) shall be limited to the administrative record

9 developed in connection with the procedures de10 scribed in subparagraph (B).

11 ‘‘(E) COSTS OF LITIGATION.—In any judi12 cial proceeding brought under subparagraph

13 (C), the court shall award costs of litigation (in14 cluding reasonable attorney fees) to any prevail15 ing party whenever the court determines that

16 such award is appropriate.

17 ‘‘(F) LIMITATION OF REVIEW OF CERTIFI18 CATIONS.—If no appeal is taken under subpara19 graph (C) within 120 days after the publication

20 of the final certification, or if the final certifi21 cation by the Governor of any State is upheld

22 by the United States court of appeals and no

23 party seeks review by the Supreme Court (with24 in applicable time requirements), the final cer-
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1 tification shall not otherwise be subject to judi2 cial review.

3 ‘‘(G) LIMITATION ON REVIEW OF DESIGNA4 TIONS.—Designations made after the final cer5 tification and pursuant to the certified laws and

6 regulations shall not be subject to judicial re7 view for failure to satisfy the requirements of

8 paragraph (1).

9 ‘‘(d) OWNERSHIP OF RECYCLABLE MATERIALS.—

10 ‘‘(1) PROHIBITION ON REQUIRED TRANS11 FERS.—Nothing in this section shall authorize any

12 State or qualified political subdivision, or any des13 ignee of the State or qualified political subdivision,

14 to require any generator or owner of recyclable ma15 terials to transfer any recyclable materials to such

16 State or qualified political subdivision unless the

17 generator or owner of the recyclable materials volun18 tarily made the materials available to the State or

19 qualified political subdivision and relinquished any

20 rights to, or ownership of, such materials.

21 ‘‘(2) OTHER TRANSACTIONS.—Nothing in this

22 section shall prohibit any person from selling, pur23 chasing, accepting, conveying, or transporting any

24 recyclable materials for purposes of transformation
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1 or remanufacture into usable or marketable mate2 rials.

3 ‘‘(e) RETAINED AUTHORITY.—Upon the request of

4 any generator of solid waste affected by this section, the

5 State or qualified political subdivision may authorize the

6 diversion of all or a portion of the solid wastes generated

7 by the generator making such request to a waste manage8 ment facility, other than the facility or facilities originally

9 designated by the State or qualified political subdivision,

10 where the purpose of such request is to provide a higher

11 level of protection for human health and the environment

12 and reduce potential future liability under Federal or

13 State law of such generator for the management of such

14 wastes. Requests shall include information on the environ15 mental suitability of the proposed alternative waste man16 agement facility, compared to that of the designated facil17 ity. In making such a determination, the State or political

18 subdivision may consider the ability and willingness of

19 both the designated and alternative waste management fa20 cility to indemnify the generator against any cause of ac21 tion under State or Federal environmental statutes and

22 against any cause of action for nuisance, personal injury,

23 or property loss under any State law.

24 ‘‘(f) EXISTING LAWS AND CONTRACTS.—
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1 ‘‘(1) IN GENERAL.—Except to the extent re2 quired to comply with paragraph (4) of this sub3 section, this section shall not supersede, abrogate, or

4 otherwise modify any of the following:

5 ‘‘(A) Any contract or other agreement (in6 cluding any contract containing an obligation to

7 repay the outstanding indebtedness on any pro8 posed or existing waste management facility)

9 entered into before May 15, 1994, by a State

10 or qualified political subdivision in which such

11 State or qualified political subdivision has des12 ignated a proposed or existing waste manage13 ment facility to receive flow controllable solid

14 waste.

15 ‘‘(B) Any other contract or agreement en16 tered into before May 15, 1994, for the trans17 portation, management or disposal of municipal

18 solid waste, incinerator ash from a solid waste

19 incineration unit, or construction debris or dem20 olition debris.

21 ‘‘(C) Any flow control measure of a State

22 or qualified political subdivision, adopted before

23 May 15, 1994, that designated a proposed or

24 existing waste management facility to receive

25 flow controllable solid waste.
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1 ‘‘(2) CONTRACT INFORMATION.—A party to a

2 contract or other agreement that is described in

3 paragraph (A) or (B) of paragraph (1) shall provide

4 a copy of the contract or agreement to the State or

5 qualified political subdivision on request. Any propri6 etary information contained in the contract or agree7 ment may be omitted in the copy, but the informa8 tion that appears in the copy shall include at least

9 the date that the contract or agreement was signed,

10 the volume of flow controllable solid waste covered

11 by the contract or agreement with respect to which

12 the State or qualified political subdivision could oth13 erwise exercise authority under subsection (a) or

14 paragraph (1), the source of the waste or materials,

15 the destination of the waste or materials, the dura16 tion of the contract or agreement, and the parties to

17 the contract or agreement.

18 ‘‘(3) EFFECT ON INTERSTATE COMMERCE.—

19 Any contract or agreement described in subpara20 graph (A) or (B) of paragraph (1), and any flow

21 control measure described in subparagraph (C) of

22 paragraph (1), shall be considered to be a reasonable

23 regulation of commerce by a State or qualified politi24 cal subdivision, retroactive to the effective date of

25 the contract or agreement, or to the date of adoption
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1 of any such flow control measure, and shall not be

2 considered to be an undue burden on or otherwise as

3 impairing, restraining, or discriminating against

4 interstate commerce.

5 ‘‘(4) LIMITATION.—Any designation by a State

6 or qualified political subdivision of any waste man7 agement facility after the date of enactment of this

8 section shall be made in compliance with subsections

9 (b) and (c). Nothing in this paragraph shall affect

10 any designation made before May 15, 1994, and any

11 such designation shall be deemed to satisfy the re12 quirements of subsections (b) and (c).

13 ‘‘(g) SAVINGS CLAUSE.—

14 ‘‘(1) FEDERAL OR STATE ENVIRONMENTAL

15 LAWS.—Nothing in this section is intended to super16 sede, amend, or otherwise modify Federal or State

17 environmental laws (including regulations) that

18 apply to the disposal or management of flow control19 lable solid waste at waste management facilities.

20 ‘‘(2) STATE LAW.—Nothing in this section shall

21 be interpreted to authorize a qualified political sub22 division to exercise the authority granted by this sec23 tion in a manner inconsistent with State law.

24 ‘‘(h) DEFINITIONS.—For purposes of this section

25 only, the following definitions apply:
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1 ‘‘(1) COMMITTED TO DESIGNATE ONE OR MORE

2 WASTE MANAGEMENT FACILITIES.—The term ‘com3 mitted to designate one or more waste management

4 facilities’ means that a State or qualified political

5 subdivision was legally bound to designate one or

6 more waste management facilities or performed or

7 caused to be performed one or more of the following

8 actions for the purpose of designating one or more

9 such facilities:

10 ‘‘(A) Obtained all required permits for the

11 construction of such waste management facility

12 prior to May 15, 1994.

13 ‘‘(B) Executed contracts for the construc14 tion of such waste management facility prior to

15 May 15, 1994.

16 ‘‘(C) Presented revenue bonds for sale to

17 specifically provide revenue for the construction

18 of such waste management facility prior to May

19 15, 1994.

20 ‘‘(D) Submitted to the appropriate regu21 latory agency or agencies, on or before May 15,

22 1994, administratively complete permit applica23 tions for the construction and operation of such

24 waste management facility.
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1 ‘‘(E) Formed a public authority or a joint

2 agreement among qualified political subdivi3 sions, pursuant to a law authorizing such for4 mation or agreement for the purposes of des5 ignating such facilities.

6 ‘‘(F) Executed a contract or agreement

7 that obligates or otherwise requires a State or

8 qualified political subdivision to deliver a mini9 mum quantity of flow controllable solid waste to

10 a waste management facility and that obligates

11 or otherwise requires the State or qualified po12 litical subdivision to pay for that minimum

13 quantity of flow controllable solid waste even if

14 the stated minimum quantity of such waste is

15 not delivered within a required timeframe, oth16 erwise commonly known as a ‘put or pay agree17 ment’.

18 ‘‘(G) Adopted prior to May 15, 1994, pur19 suant to a State statute that specifically de20 scribed the method for designating by solid

21 waste management districts, a resolution of pre22 liminary designation that specifies criteria and

23 procedures for soliciting proposals to designate

24 such facilities after having completed a public

25 notice and comment period.
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1 ‘‘(H) Adopted prior to May 15, 1994, pur2 suant to a State statute that specifically de3 scribed the method for designating by solid

4 waste management districts, a resolution of in5 tent to establish designation with a list of facili6 ties for which designation is intended.

7 ‘‘(2) DESIGNATION; DESIGNATE.—The terms

8 ‘designate’, ‘designated’, ‘designation’, or ‘designat9 ing’ mean to identify a specific waste management

10 facility to which flow controllable solid waste must

11 be delivered. Such terms include put or pay agree12 ments of the type described in paragraph (1)(F).

13 ‘‘(3) EXISTING WASTE MANAGEMENT FACIL14 ITY.—The term ‘existing waste management facility’

15 means a waste management facility that has been

16 designated and was under construction or in oper17 ation as of May 15, 1994.

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

19 ‘flow control authority’ means the authority to des20 ignate one or more waste management facilities and

21 require the delivery of flow controllable solid waste

22 to such facilities.

23 ‘‘(5) FLOW CONTROL MEASURE.—The term

24 ‘flow control measure’ shall mean a law, ordinance,
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1 regulation, solid waste management plan, or legally

2 binding provision.

3 ‘‘(6) FLOW CONTROLLABLE SOLID WASTE.—

4 The term ‘flow controllable solid waste’ shall mean

5 any or all of the following materials generated within

6 the boundaries of the State or qualified political sub7 division exercising authority under this section: mu8 nicipal solid waste; incinerator ash from a solid

9 waste incineration unit; construction debris and

10 demolition debris; and, voluntarily relinquished recy11 clable materials.

12 ‘‘(7) INDUSTRIAL SOLID WASTE.—The term ‘in13 dustrial solid waste’ means solid waste generated by

14 manufacturing or industrial processes, including

15 waste generated during scrap processing and scrap

16 recycling, that is not hazardous waste regulated

17 under subtitle C. The term does not include munici18 pal solid waste specified in paragraph (8)(A)(iii).

19 ‘‘(8) MUNICIPAL SOLID WASTE.—

20 ‘‘(A) IN GENERAL.—The term ‘municipal

21 solid waste’ means—

22 ‘‘(i) any solid waste discarded by a

23 household, including a single or multifam24 ily residence;
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1 ‘‘(ii) any solid waste that is discarded

2 by a commercial, institutional, or industrial

3 source;

4 ‘‘(iii) residue remaining after recycla5 ble materials have been separated or di6 verted from municipal solid waste de7 scribed in clause (i) or (ii);

8 ‘‘(iv) any waste material or waste sub9 stance removed from a septic tank, septage

10 pit, or cesspool, other than from portable

11 toilets; and

12 ‘‘(v) conditionally exempt small quan13 tity generator waste under section 3001(d),

14 if it is collected, processed or disposed with

15 other municipal solid waste as part of mu16 nicipal solid waste services.

17 ‘‘(B) EXCLUSIONS.—The term ‘municipal

18 solid waste’ shall not include any of the follow19 ing:

20 ‘‘(i) Hazardous waste required to be

21 managed in accordance with subtitle C

22 (other than waste described in subpara23 graph (A)(v)), solid waste containing poly24 chlorinated biphenyl regulated under the

25 Toxic Substances Control Act (15 U.S.C.
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1 2601 et seq.), or medical waste listed in

2 section 11002.

3 ‘‘(ii)(I) A recyclable material.

4 ‘‘(II) A material or a product re5 turned from a dispenser or distributor to

6 the manufacturer or the agent of the man7 ufacturer for credit, evaluation, or reuse

8 unless such material or product is dis9 carded or abandoned for collection, dis10 posal or combustion.

11 ‘‘(III) A material or product that is

12 an out-of-date or unmarketable material or

13 product, or is a material or product that

14 does not conform to specifications, and

15 that is returned to the manufacturer or the

16 agent of the manufacturer for credit, eval17 uation, or reuse unless such material or

18 product is discarded or abandoned for col19 lection, disposal or combustion.

20 ‘‘(iii) Any solid waste (including con21 taminated soil and debris) resulting from a

22 response action taken under section 104 or

23 106 of the Comprehensive Environmental

24 Response, Compensation, and Liability Act
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1 of 1980 (42 U.S.C. 9604 or 9606) or a

2 corrective action taken under this Act.

3 ‘‘(iv)(I) Industrial solid waste.

4 ‘‘(II) Any solid waste that is gen5 erated by an industrial facility and trans6 ported for the purpose of containment,

7 storage, or disposal to a facility that is

8 owned or operated by the generator of the

9 waste, or a facility that is located on prop10 erty owned by the generator.

11 ‘‘(9) PROPOSED WASTE MANAGEMENT FACIL12 ITY.—The term ‘proposed waste management facil13 ity’ means a waste management facility that has

14 been designated, but that was not under construc15 tion, as of May 15, 1994.

16 ‘‘(10) QUALIFIED POLITICAL SUBDIVISION.—

17 The term ‘qualified political subdivision’ means a

18 governmental entity or political subdivision of a

19 State, as authorized by the State, to plan for, or de20 termine the methods to be utilized for, the collection,

21 transportation, disposal or other management of

22 flow controllable solid waste generated within the

23 boundaries of the area served by the governmental

24 entity or political subdivision.
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1 ‘‘(11) RECYCLABLE MATERIAL.—The term ‘re2 cyclable material’ means any material (including any

3 metal, glass, plastic, textile, wood, paper, rubber, or

4 other material) that has been separated or diverted

5 at the point of generation from solid waste for the

6 purpose of recycling, reclamation, or reuse.

7 ‘‘(12) REDESIGNATE.—The term ‘redesignate’

8 shall mean to designate from an existing or proposed

9 waste management facility to any other existing or

10 proposed waste management facility.

11 ‘‘(13) SOLID WASTE MANAGEMENT PLAN.—The

12 term ‘solid waste management plan’ means a plan

13 for the transportation, treatment, processing,

14 composting, combustion, disposal or other manage15 ment of flow controllable solid waste, adopted by a

16 State or qualified political subdivision pursuant to

17 and conforming with State law.

18 ‘‘(14) WASTE MANAGEMENT FACILITY.—The

19 term ‘waste management facility’ means any facility

20 or facilities in which flow controllable solid waste is

21 separated, stored, transferred, treated, processed,

22 combusted, deposited or disposed.’’.

23 SEC. 3. TABLE OF CONTENTS AMENDMENT.

24 The table of contents in section 1001 of the Solid

25 Waste Disposal Act (42 U.S.C. prec. 6901) is amended
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1 by adding after the item relating to section 4010 the fol2 lowing new item:

‘‘Sec. 4011. Congressional authorization of State and local flow control authority

over solid waste.’’.

Æ

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