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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2323 Introduced in House (IH)]

  1st Session
                                H. R. 2323

  To amend the Solid Waste Disposal Act to authorize State and local 
    governments to prohibit or restrict the receipt of out-of-State 
 municipal solid waste, to authorize local governments to control and 
  direct the movement of certain solid waste, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 1995

 Mr. Oxley (for himself, Mr. Gillmor, Mr. Greenwood, Mr. Clinger, Mr. 
  Hamilton, Mr. Portman, Ms. Kaptur, and Mrs. Johnson of Connecticut) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL

 
  To amend the Solid Waste Disposal Act to authorize State and local 
    governments to prohibit or restrict the receipt of out-of-State 
 municipal solid waste, to authorize local governments to control and 
  direct the movement of certain solid waste, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Government 
Interstate Waste Control Act of 1995''.

                       TITLE I--INTERSTATE WASTE

SEC. 101. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding after section 4010 the 
following new section:

``SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MUNICIPAL SOLID 
              WASTE.

    ``(a) Presumptive Ban on Receipt of Out-Of-State Waste.--No 
landfill or incinerator may receive any out-of-State municipal solid 
waste for disposal or incineration unless the waste is received 
pursuant to--
            ``(1) a host community agreement in accordance with 
        subsection (b) or (c), or
            ``(2) an exemption under subsection (d).
    ``(b) Existing Host Community Agreements.--
            ``(1) Exemption from ban.--Out-of-State municipal solid 
        waste may be received at a landfill or incinerator for disposal 
        or incineration pursuant to a host community agreement entered 
        into before the enactment of this section if--
                    ``(A) the agreement specifically authorizes the 
                owner or operator to accept, at the landfill or 
                incinerator, out-of-State municipal solid waste; and
                    ``(B) the owner or operator complies with all of 
                the terms and conditions of the host community 
                agreement.
        The owner or operator shall provide a copy of the host 
        community agreement, within 90 days after the enactment of this 
        Act, to the State and affected local government and make such a 
        copy available for inspection by the public in the affected 
        local community.
            ``(2) Requirement for compliance with certain 
        requirements.--The exemption under this subsection shall not 
        apply to a landfill or incinerator in operation on the date of 
        the enactment of this section if the State determines that the 
        landfill or incinerator was not in compliance as of such date 
        with applicable Federal and State laws and regulations relating 
        to facility operation and design and--
                    ``(A) in the case of landfills, facility location 
                standards, leachate collection standards, groundwater 
                monitoring standards, and standards for financial 
                assurance and for closure and post-closure and 
                corrective action, and
                    ``(B) in the case of incinerators, the applicable 
                requirements of section 120 of the Clean Air Act (42 
                U.S.C. 7429),
        and that such noncompliance constitutes a threat to human 
        health or the environment.
    ``(c) New Host Community Agreements.--
            ``(1) Exemption from ban.--Out-of-State municipal solid 
        waste may be received at a landfill or incinerator for disposal 
        or incineration pursuant to a host community agreement entered 
        into on or after the enactment of this section (hereinafter in 
        this section referred to as a ``new host community agreement) 
        if the agreement specifically authorizes the receipt of such 
        waste and meets the requirements of paragraphs (2) through (5) 
        of this subsection.
            ``(2) Requirements for authorization.--An authorization to 
        receive out-of-State municipal waste pursuant to a new host 
        community agreement shall be granted by formal action at a 
        meeting; be recorded in writing in the official record of the 
        meeting; and remain in effect according to its terms. Such 
        authorization may specify terms and conditions, including an 
        amount of out-of-State waste that an owner or operator may 
        receive and the duration of the authorization.
            ``(3) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid
         waste pursuant to a new host community agreement under this 
subsection, the owner or operator of the facility seeking such 
authorization shall provide (and make readily available to the State, 
each contiguous local government and Indian tribe, and any other 
interested person for inspection and copying) each of the following 
items of information:
                    ``(A) A brief description of the facility, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size, ultimate 
                waste capacity, and the anticipated monthly and yearly 
                quantities of waste to be handled. Such quantities 
                shall be expressed in terms of volume.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and general hydrogeological features. The 
                map shall indicate any buffer zones to be acquired by 
                the owner or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area, and a 
                discussion of alterations that may be necessitated by, 
                or occur as a result of, the facility. The description 
                of groundwater use shall include identification of 
                private wells and public drinking water sources.
                    ``(D) A description of environmental controls 
                typically required to be used on the site (pursuant to 
                permit requirements), including run on or run off 
                management, or both, air pollution control devices, 
                source separation procedures (if any), methane 
                monitoring and control, landfill covers, liners or 
                leachate collection systems, and monitoring programs. 
                In addition, the description shall include a 
                description of any waste residuals generated by the 
                facility, including leachate or ash, and the planned 
                management of the residuals.
                    ``(E) A description of site access controls to be 
                employed, and roadway improvements to be made, by the 
                owner or operator, and an estimate of the timing and 
                extent of increased local truck traffic.
                    ``(F) A list of all required Federal, State, and 
                local permits.
                    ``(G) Estimates of the personnel requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preoperational and postoperational 
                levels.
                    ``(H) Any information that is required by State or 
                Federal law to be provided with respect to any 
                violations of environmental laws (including 
                regulations) by the owner, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective action and rehabilitation 
                measures taken as a result of the proceedings.
                    ``(I) Any information that is required by State or 
                Federal law to be provided with respect to gifts and 
                contributions made by the owner or operator.
                    ``(J) Any information that is required by State or 
                Federal law to be provided with respect to compliance 
                by the owner or operator with the State solid waste 
                management plan.
            ``(4) Prior notification.--Prior to taking formal action 
        with respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to a new host community 
        agreement under this subsection, an affected local government 
        shall--
                    ``(A) notify the State, contiguous local 
                governments, and any contiguous Indian tribes;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation at least 15 days before holding 
                a hearing under subparagraph (C), except where State 
                law provides for an alternate form of public 
                notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
            ``(5) Subsequent notification.--Promptly, but not later 
        than 90 days after an authorization is granted pursuant to a 
        new host community agreement under this subsection, the 
        affected local government shall notify the Governor, contiguous 
        local governments, and any contiguous Indian tribes of such 
        authorization.
    ``(d) Exemption for Waste Not Subject to Host Community 
Agreements.--
            ``(1) In general.--Out-of-State municipal solid waste 
        received at a landfill or incinerator shall be exempt from the 
        presumptive ban contained in subsection (a) if the owner or 
        operator of the landfill
         or incinerator provides either of the following to the State 
in which the landfill or incinerator is located and to the affected 
local government:
                    ``(A) Permit.--Information establishing that, 
                before the date of the enactment of this section, the 
                owner or operator of the landfill or incinerator has 
                received a State permit specifically authorizing the 
                owner or operator to accept, at the landfill or 
                incinerator, such out-of-State municipal solid waste. 
                This subparagraph shall be effective only if the owner 
                or operator complies with all of the terms and 
                conditions of the permit and notifies the affected 
                local government of the permit as soon as practicable 
                but not later than 90 days after the date of enactment 
                of this section.
                    ``(B) Documented shipments.--Information 
                establishing that during 1993, the landfill or 
                incinerator received shipments of out-of-State 
                municipal solid waste. Such information shall be in 
                such documented form as will result in criminal 
                penalties under State law in case of false or 
                misleading information. Such information shall include 
                information about the date of shipment, place of origin 
                of such waste, and the type of such waste.
            ``(2) Compliance with certain laws required.--The exemption 
        under this subsection shall not apply to a landfill or 
        incinerator in operation on the date of the enactment of this 
        section if the State determines that the landfill or 
        incinerator was not in compliance as of such date with 
        applicable Federal and State laws and regulations relating to 
        facility operation and design and--
                    ``(A) in the case of landfills, facility location 
                standards, leachate collection standards, groundwater 
                monitoring standards, and standards for financial 
                assurance and for closure and post-closure and 
                corrective action,
                    ``(B) in the case of incinerators, the applicable 
                requirements of section 120 of the Clean Air Act (42 
                U.S.C. 7429), and
                    ``(C) that such noncompliance constitutes a threat 
                to human health or the environment.
            ``(3) Amount limitation on paragraph (1)(b) exemption.--The 
        amount of out-of-State municipal solid waste exempt under 
        paragraph (1)(B) from the presumptive ban contained in 
        subsection (a) shall be determined as provided in this 
        paragraph.
                    ``(A) States not exercising ratchet authority under 
                subsection (f).--In States which do not establish a 
                limit on out-of-State municipal solid waste under 
                subsection (f) (relating to the ratchet authority), the 
                amount of exempt out-of-State municipal solid waste 
                shall be determined under clause (i) or (ii).
                            ``(i) Waste under contract.--For out-of-
                        State municipal solid waste received at the 
                        landfill or incinerator under a contract in 
                        effect during 1993, the exemption under 
                        paragraph (1)(B) shall apply only to the amount 
                        of out-of-State municipal solid waste specified 
                        in the contract and only for the longer of the 
                        following periods:
                                    ``(I) The life of the contract.
                                    ``(II) The period ending 3 years 
                                after the enactment of this section.
                        If the contract expires prior to the end of the 
                        3-year period, the exempt amount shall be an 
                        annual amount equal to the average annual 
                        amount of out-of-State municipal solid waste 
                        received at the landfill or incinerator over 
                        the life of the contract.
                            ``(ii) Spot waste.--For out-of-State 
                        municipal solid waste received at the landfill 
                        or incinerator in the absence of a contract in 
                        effect during 1993, the exemption under 
                        paragraph (1)(B) shall not be limited in amount 
                        under this subsection but shall apply to the 
                        receipt of out-of-State municipal solid waste 
                        only for a period ending 3 years after the 
                        enactment of this section.
                    ``(B) States exercising ratchet authority under 
                subsection (f).--In States which establish a limit on 
                out-of-State municipal solid waste under subsection (f) 
                (relating to the ratchet authority), the exemption 
                under paragraph (1)(B) shall be limited to the same 
                amounts and time periods as specified in subparagraph 
                (A) except that in lieu of the 3-year period referred 
                to in subparagraph (A) there shall be substituted a 
                period ending January 1, 2001.
            ``(4) Availability of documentation.--The owner or operator 
        of a landfill or incinerator receiving waste pursuant to an 
        exemption under this subsection shall make available for 
        inspection by the public in the affected local community, a 
        copy of the documentation referred to in paragraph (1). The 
        owner or operator may omit any proprietary information 
        contained in contracts, but shall ensure that at least the 
        following information is apparent: the volume of out-of-State 
        municipal solid waste to be received, the source of the waste, 
        and the duration of the contract.
            ``(5) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste pursuant to an exemption under paragraph 
        (1)(B) if the operating permit or license for the landfill or 
        incinerator (or renewal thereof) was denied or revoked by the 
        appropriate State agency before the date of enactment of this 
        section unless such permit or license (or renewal) has been 
        reinstated as of such date of enactment.
            ``(6) Waste within bi-state metropolitan statistical 
        areas.--A landfill or incinerator in a State shall be exempt 
        from the presumptive ban set forth in subsection (a) if the 
        out-of-State waste is generated within, and the landfill or 
        incinerator is
         located within, the same bi-State level A metropolitan 
statistical area (as defined by the Office of Management and Budget and 
as listed by the Office of Management and Budget as of the date of 
enactment of this section) which contains two contiguous major cities 
each of which is in a different State.
            ``(7) Exemption under this subsection subject to freeze or 
        ratchet.--The authority of a landfill or incinerator to receive 
        out-of-State municipal solid waste pursuant to an exemption 
        under this subsection may be limited by a State pursuant to 
        either subsection (e) (relating to the freeze) or subsection 
        (f) (relating to the ratchet).
    ``(e) Authority of State To Freeze Certain Exempt Out-of-State 
Municipal Solid Waste.--
            ``(1) Freeze.--A State in which a landfill or incinerator 
        is located may establish a limit, as provided in this 
        subsection, on the amount of out-of-State municipal solid waste 
        received annually for disposal at each landfill or incinerator 
        in the State pursuant to an exemption under subsection 
        (d)(1)(B), or the affected local government may limit the 
        amount of out-of-State municipal solid waste received annually 
        for disposal at a particular landfill or incinerator pursuant 
        to an exemption under subsection (d)(1)(B). For any landfill or 
        incinerator, a limit under this subsection shall be in lieu of 
        any limit under subsection (f) (relating to the ratchet).
            ``(2) Limitation amount.--For any landfill or incinerator 
        that commenced receiving documented out-of-State municipal 
        solid waste before the date of enactment of this section, any 
        limitation under paragraph (1) for any year shall be equal to 
        the amount of out-of-State municipal solid waste received for 
        disposal at the landfill or incinerator concerned during 
        calendar year 1993. The documentation referred to in this 
        subparagraph shall be such as would result in criminal 
        penalties in case of false or misleading information. Such 
        documentation shall include the amount of waste received, place 
        of origin, including the identity of the generator, date of 
        shipment, and type of waste.
            ``(3) No discrimination.--In establishing a limitation 
        under this subsection, a State shall act in a consistent manner 
        that does not discriminate against any shipments of out-of-
        State municipal solid waste on the basis of State of origin.
            ``(4) Effect on other laws.--Nothing in this subsection 
        shall be interpreted or construed to have any effect on any 
        State law relating to contracts.
    ``(f) Ratchet.--
            ``(1) Authority.--Any State (hereinafter in this subsection 
        referred to as an `importing State') that imported more than 
        750,000 tons of out-of-State municipal solid waste in 1993 may 
        establish a limit under this subsection on the amount of out-
        of-State municipal solid waste received pursuant to the 
        authority of subsection (d)(1)(B) for disposal at landfills and 
        incinerators in the importing State. A limit under this 
        paragraph shall be in lieu of any limit imposed under 
        subsection (e) (relating to the freeze). A limit under this 
        paragraph may be imposed only if each of the following 
        requirements are met:
                    ``(A) The importing State shall notify the Governor 
                of the exporting State or States of the proposed limit 
                at least 12 months before imposition of the limit.
                    ``(B) The importing State shall notify the Governor 
                of the exporting State or States of the proposed limit 
                at least 90 days before enforcement of the limit.
                    ``(C) The percentage reduction in the amount of 
                out-of-State municipal solid waste which is received at 
                each facility pursuant to subsection (d)(1)(B) in the 
                importing State at which a limit may be established 
                under this subsection shall be uniform for all such 
                facilities.
            ``(2) Percentage.--The limit established under this 
        subsection shall be a percentage of the amount of out-of-State 
        municipal solid waste generated in the exporting State during 
        calendar year 1993 and received at facilities in the importing 
        State in which a limit is established under this subsection. 
        For any calendar year after 1996, the percentage shall be as 
        specified in the following table:

                                                             Applicable
``Calendar year:                                            Percentage:
    1997..........................................               85    
    1998..........................................               75    
    1999..........................................               65    
    2000..........................................               55    
    after 2000....................................              50.    
    ``(g) Needs Determination.--Any comprehensive solid waste 
management plan approved under Federal or State law and any 
implementation of such plan through the State permitting process may 
take into account local and regional needs for solid waste disposal 
capacity. An affected local government may make a determination that 
there is no local or regional need for a new landfill or incinerator or 
major modification creating additional capacity at an existing facility 
in the area under the jurisdiction of the affected local government. 
Such determination shall be based on a finding that the proposed 
facility does not have a host community agreement or is inconsistent 
with the capacity needs established in the comprehensive solid waste 
management plan adopted by the affected local government pursuant to 
State law. No comprehensive solid waste management plan may expressly 
prohibit the importation of municipal solid waste from out of State.
    ``(h) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.
    ``(i) Effect on Interstate Commerce.--No State prohibition or 
limitation established as provided this section, no State planning and 
permitting process referred to in subsection (g), and no State law or 
regulation referred to in subsection (h) shall be considered to impose 
an undue burden on interstate commerce or to otherwise impair, 
restrain, or discriminate against interstate commerce.
    ``(j) Annual State Report.--Each year the owner or operator of each 
landfill or incinerator receiving out-of-State municipal solid waste 
shall submit to the Governor of the State in which the landfill or 
incinerator is located information specifying the amount of out-of-
State municipal solid waste received for disposal during the preceding 
year. Each year each such State shall publish and make available to the 
public, a report containing information on the amount of out-of-State 
municipal solid waste received for disposal in the State during the 
preceding year.
    ``(k) Definitions.--For purposes of this section:
            ``(1) Affected local government.--(A) Except as provided in 
        subparagraphs (B) and (C), for any landfill or incinerator, the 
        term `affected local government' shall mean--
                    ``(i) the public body authorized by State law to 
                plan for the management of municipal solid waste, a 
                majority of the members of which are elected officials, 
                for the area in which the landfill or incinerator is 
                located or proposed to be located, or
                    ``(ii) if there is no such body created by State 
                law, the elected officials of the city, town, township, 
                borough, county, or parish exercising primary 
                responsibility for the use of land on which the 
                facility is located or proposed to be located.
            ``(B) In the case of host community agreements entered into 
        before the convening of the 104th Congress, for any landfill or 
        incinerator, the term shall mean either the public body 
        described in clause (i) of subparagraph (A) or the elected 
        officials of the city, town, township, borough, county, or 
        parish exercising primary responsibility for the use of land on 
        which the facility is located or proposed to be located.
            ``(C) In the case of host community agreements entered into 
        after the convening of the 104th Congress, but before the date 
        of enactment of this section, for any landfill or incinerator, 
        the term shall mean either the public body described in clause 
        (i) of subparagraph (A) or, with the approval of such public 
        body, the elected officials of the city, town, township, 
        borough, county, or parish exercising primary responsibility 
        for the use of land on which the facility is located or 
        proposed to be located.
            ``(D) Two or more Governors of adjoining States may use the 
        authority provided in section 1005(b) to enter into an 
        agreement under which contiguous units of local government 
        located in each of the adjoining States may act jointly as the 
        affected local government for purposes of providing
         authorization under subsection (a) for municipal solid waste 
generated in one of such counties and received for disposal or 
incineration in another.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding agreement, lawfully 
        entered into between an owner or operator of a landfill or 
        incinerator and an affected local government that specifically 
        authorizes the landfill or incinerator to receive out-of-State 
        municipal solid waste.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means all waste materials discarded for disposal by 
        households, including single and multifamily residences, and 
        hotels and motels. The term also includes waste materials 
        generated by commercial, institutional, and industrial sources, 
        to the extent such wastes are essentially the same as waste 
        normally generated by households or were collected and disposed 
        of with other municipal solid waste as part of normal municipal 
        solid waste collection services, and regardless of when 
        generated, would be considered conditionally exempt small 
        quantity generator waste under section 3001(d). Examples of 
        municipal solid waste include food and yard waste, paper, 
        clothing, appliances, consumer product packaging, disposable 
        diapers, office supplies, cosmetics, glass and metal food 
        containers, elementary or secondary school science laboratory 
        waste, and household hazardous waste. Such term shall include 
        debris resulting from construction, remodeling, repair, or 
        demolition of structures other than debris that is not 
        otherwise commingled with other municipal solid waste and has 
        been determined by the generator, to be contaminated. For 
        purposes of determining whether any such debris is 
        contaminated, the generator shall conduct representative 
        sampling and analysis of such debris, the results of which 
        shall be submitted to the affected local government for record 
        keeping purposes only, unless not required by the affected 
        local government. Any such debris that has been determined to 
        be contaminated shall be disposed of in a landfill that meets, 
        at a minimum, the requirements of this subtitle. The term does 
        not include any of the following:
                    ``(A) Any solid waste identified or listed as a 
                hazardous waste under section 3001.
                    ``(B) Any solid waste, including contaminated soil 
                and debris, resulting from--
                            ``(i) a response action taken under section 
                        104 or 106 of the Comprehensive Environmental 
                        Response, Compensation, and Liability Act (42 
                        U.S.C. 9604 or 9606),
                            ``(ii) a response action taken under a 
                        State law with authorities comparable to the 
                        authorities of section 104 or 106, or
                            ``(iii) a corrective action taken under 
                        this Act.
                    ``(C) Recyclable materials that have been 
                separated, at the source of the waste, from waste 
                otherwise destined for disposal or that have been 
                managed separately from waste destined for disposal, 
                including scrap rubber to be used as a fuel source.
                    ``(D) Materials and products returned from a 
                dispenser or distributor to the manufacturer or an 
                agent of the manufacturer for credit, evaluation, and 
                possible reuse.
                    ``(E) Any solid waste that is--
                            ``(i) generated by an industrial facility; 
                        and
                            ``(ii) transported for the purpose of 
                        treatment, storage, or disposal to a facility 
                        or unit thereof that is owned or operated by 
                        the generator of the waste or located on 
                        property owned by the generator or a company 
                        with which the generator is affiliated or the 
                        capacity of which is contractually dedicated 
                        exclusively to a specific generator so long as 
                        the disposal area complies with local and State 
                        land use and zoning regulations applicable to 
                        the disposal site.
                    ``(F) Any medical waste that is segregated from or 
                not mixed with solid waste.
                    ``(G) Sewage sludge and residuals from any sewage 
                treatment plant, including any sewage treatment plant 
                required to be constructed in the State of 
                Massachusetts pursuant to any court order issued 
                against the Massachusetts Water Resources Authority.
                    ``(H) Combustion ash generated by resource recovery 
                facilities or municipal incinerators, or waste from 
                manufacturing or processing (including pollution 
                control) operations not essentially the same as waste 
                normally generated by households.
            ``(4) Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste', means, with respect to any 
        State, municipal solid waste generated outside of the State. 
        The term
         includes municipal solid waste generated outside of the United 
States.
            ``(5) Recycle and recycling.--The terms `recycle' and 
        `recycling' mean--
                    ``(A) any process which produces any material 
                defined as `recycled' under section 1004; and
                    ``(B) any process by which materials are diverted, 
                separated from, or separately managed from materials 
                otherwise destined for disposal as solid waste, by 
                collecting, sorting, or processing for use as raw 
                materials or feedstocks in lieu of, or in addition to, 
                virgin materials, including petroleum, in the 
                manufacture of usable materials or products.
            ``(6) Specific authorization.--For purposes of this 
        section, the term `specifically authorizes' refers to an 
        explicit authorization, contained in a host community agreement 
        or permit, to import waste from outside the State. Such 
        authorization may include a reference to a fixed radius 
        surrounding the landfill or incinerator which includes an area 
        outside the State or a reference to `any place of origin', 
        reference to specific places outside the State, or use of such 
        phrases as `regardless of origin' or `outside the State'. The 
        language for such authorization may vary as long as it clearly 
        and affirmatively states the approval or consent of the 
        affected local government or State for receipt of municipal 
        solid waste from sources or locations outside the State from 
        which the owner or operator of a landfill or incinerator 
        proposes to import it. The term shall not include general 
        references to the receipt of waste from outside the 
        jurisdiction of the affected local government.''.
    (b) Table of Contents.--The table of contents of the Solid Waste 
Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item 
relating to section 4010 the following new item:

``Sec. 4011. Receipt and disposal of out-of-State municipal solid 
                            waste.''.
                         TITLE II--FLOW CONTROL

SEC. 201. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL MUNICIPAL 
              SOLID WASTE FLOW CONTROL.

    (a) Amendment of Subtitle D.--Subtitle D of the Solid Waste 
Disposal Act is amended by adding after section 4011 the following new 
section:

``SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE AND LOCAL GOVERNMENT 
              CONTROL OVER MOVEMENT OF MUNICIPAL SOLID WASTE AND 
              RECYCLABLE MATERIALS.

    ``(a) Flow Control Authority for Facilities Designated and in 
Operation as of May 15, 1994.--Any State or political subdivision 
thereof is authorized to exercise flow
 control authority to direct the movement of municipal solid waste, and 
recyclable materials voluntarily relinquished by the owner or generator 
thereof, to particular waste management facilities, or facilities for 
recyclable materials, designated and in operation as of May 15, 1994, 
if each of the following conditions are met:
            ``(1) The waste and recyclable materials are generated 
        within the jurisdictional boundaries of such State or political 
        subdivision, as the case may be, determined as of May 15, 1994.
            ``(2) Such flow control authority is imposed through the 
        adoption or execution of a law, ordinance, regulation, 
        resolution, or other legally binding provision or official act 
        of the State or political subdivision that--
                    ``(A) was in effect on May 15, 1994, or
                    ``(B) would have been in effect on that date but 
                for the issuance of an injunction or other order by a 
                court based on a ruling that such law, ordinance, 
                regulation, resolution, or other legally binding 
                provision or official act violated the Commerce Clause 
                of the United States Constitution.
The authority of this subsection shall only permit the exercise of flow 
control authority for the specific classes or categories of municipal 
solid waste and voluntarily relinquished recyclable materials to which 
flow control authority was applicable on May 15, 1994, or immediately 
before the effective date of an injunction or other court order 
referred to in subparagraph (B) and only if the facility concerned 
received municipal solid waste in those classes or categories prior to 
May 15, 1994, or the effective date of such injunction or other court 
order.
    ``(b) Commitment to Designation.--Any State or political 
subdivision thereof is authorized to exercise flow control authority to 
direct the movement of municipal solid waste, and recyclable materials 
voluntarily relinquished by the owner or generator thereof, to 
particular waste management facilities, or facilities for recyclable 
materials, not covered by subsection (a), if the condition of paragraph 
(1) of subsection (a) is met and each of the following conditions are 
also met:
            ``(1) Such flow control authority is imposed through the 
        adoption or execution of a law, ordinance, regulation, 
        resolution, or other legally binding provision or official act 
        of the State or political subdivision that specifically 
        provides for flow control authority for municipal solid waste 
        or recyclable materials, or both, generated within its 
        boundaries and that--
                    ``(A) was in effect on May 15, 1994, or
                    ``(B) would have been in effect on that date but 
                for the issuance of an injunction or other order by a 
                court referred to in subsection (a)(2)(B).
            ``(2) The State or political subdivision has taken one or 
        more of the following actions prior to May 15, 1994, to commit 
        to the designation of such waste management facilities or 
        facilities for recyclable materials:
                    ``(A) The State or political subdivision has 
                obtained all required permits for the construction of 
                the facility concerned.
                    ``(B) The State or political subdivision has 
                executed contracts for the construction of such 
                facility.
                    ``(C) The State or political subdivision has 
                presented bonds for sale specifically to provide 
                revenue for the construction of such facility.
                    ``(D) The State or political subdivision has 
                submitted to the appropriate regulatory agencies 
                administratively complete permit applications for the 
                construction and operation of such facility and within 
                30 months after such permit is issued the State has 
                issued all bonds necessary to provide revenue for the 
                construction of such facility.
                    ``(E) Designation of the solid waste management 
                facility or recycling facility was completed by May 15, 
                1994, or would have been completed by May 15, 1994, but 
                for any notice and comment period mandated under State 
                law for the designation.
                    ``(F) The State or political subdivision has 
                executed a contract or agreement (otherwise known as a 
                `put or pay agreement') that obligates or otherwise 
                requires the State or political subdivision to deliver 
                a minimum quantity of flow controllable solid waste or 
                recyclable materials to a waste management facility or 
                facility for recyclable materials and that obligates or 
                otherwise requires the State or political subdivision 
                to pay for that minimum quantity of municipal solid 
                waste or recyclable materials even if the stated 
                minimum quantity of such waste or recyclable materials 
                is not delivered within a required timeframe.
This subsection shall only permit the exercise of flow control 
authority for the specific classes or categories of municipal solid 
waste or voluntarily relinquished recyclable materials clearly 
identified by the State or political subdivision prior to May 15, 1994. 
If specific classes or categories of municipal solid waste or 
recyclable materials are not clearly identified, the authority of this 
section shall apply only to municipal solid waste generated by 
households.
    ``(c) Duration of Subsection (a) Flow Control Authority.--Flow 
control authority may be exercised pursuant to subsection (a) for any 
facility or facilities only until the later of the following:
            ``(1) The expiration date of a contract between the State 
        or political subdivision and any other person regarding the 
        movement or delivery of the municipal solid waste or recyclable 
        materials concerned. Such expiration date shall be determined 
        based upon the contract provisions in effect on May 15, 1994.
            ``(2) The expiration date of any State or municipal bond 
        issued to pay the capital costs of a waste management facility 
        or facility for recyclable materials, whether it is the sole 
        facility to which solid waste or recyclable materials have been 
        directed or one of several facilities owned or operated by a 
        municipality from which solid waste revenue was pledged in 
        order to obtain bond financing. Such expiration date shall be 
        determined based upon the bond provisions in effect on May 15, 
        1994, except that in the case of an environmental retrofit for 
        which an additional bond is issued during the term of the bond 
        in effect on May 15, 1994, such expiration date shall be the 
        earlier of--
                    ``(A) the expiration date of the additional bond, 
                or
                    ``(B) the date 25 years after the issuance of the 
                additional bond.
            ``(3) The expiration of the useful life of a facility in 
        existence as of May 15, 1994 (not including expansions).
    ``(d) Duration of Subsection (b) Flow Control Authority.--Flow 
control authority may be exercised pursuant to subsection (b) only 
until the expiration date of the original bond issued to pay the 
capital costs of such facility, except that flow control authority may 
be exercised pursuant to a demonstration under subparagraph (F) of 
subsection (b)(2) for any facility only until expiration date of the 
contract referred to in such subparagraph. Such expiration date shall 
be determined based upon the contract provisions as in effect on May 
15, 1994.
    ``(e) Voluntary Opt-Out for Generators and Transporters.--
Notwithstanding any other provision of this section, upon the request 
of any generator of municipal solid waste or recyclable materials 
affected by this section, the State or political subdivision may 
authorize the diversion of all or a portion of the solid waste or 
recyclable materials generated by the generator making such request to 
a solid waste management facility, or facility for recyclable 
materials, other than the facility or facilities originally designated 
by the political subdivision.
    ``(f) Mandatory Opt-Out for Generators and Transporters.--
Notwithstanding any other provision of this section, no State or local 
government may require any generator or transporter of municipal solid 
waste or recyclable materials to transport such waste or materials, or 
deliver such waste or materials for transportation, to any site listed 
on the National Priorities List established under the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 unless 
such State or local government has indemnified the generator or 
transporter against all liability under that Act with respect to such 
waste or materials.
    ``(g) Flow Control Study.--The Administrator, in cooperation with 
the National Academy of Public Administration and the Secretary of the 
Treasury, shall conduct a study of the extent to which the decision of 
the United States Supreme Court in C&A Carbone v. Clarkstown, New York 
has affected the ability of public and private agencies and entities to 
secure or retain financing for solid waste management facilities or 
services. Such study shall address whether such decision is likely to 
interfere with the implementation of State solid waste management 
plans, and whether such decision is likely to affect recycling or 
composting. The Administration shall submit a report on such study to 
the Congress, together with recommendations for needed legislation, if 
any, not later than March 31, 1996.
    ``(h) Effect on Existing Laws and Contracts.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        interpreted or construed to have any effect on any other law 
        relating to the protection of human health and the environment, 
        or the management of municipal solid waste or recyclable 
        materials.
            ``(2) State law.--Nothing in this section shall be 
        interpreted to authorize a political subdivision to exercise 
        the flow control authority granted by this section in a manner 
        inconsistent with State law.
            ``(3) Ownership of recyclable materials.--Nothing in this 
        section shall authorize any State or political subdivision to 
        require any generator or owner of recyclable materials to 
        transfer any recyclable materials to such State or political 
        subdivision, nor shall prohibit any persons from selling, 
        purchasing, accepting, conveying, or transporting any 
        recyclable materials, unless the generator or owner voluntarily 
        makes such recyclable materials available to the State or 
        political subdivision and relinquishes any rights to, or 
        ownership of, such recyclable materials.
    ``(i) Facility Expansions.--Nothing in this subsection (a) shall 
authorize the exercise of flow control authority by a State or 
political subdivision to direct municipal solid waste or recyclable 
materials to any unit of a facility owned by any person if the 
construction of such unit is commenced after May 15, 1994, unless--
            ``(1) such unit is on land owned by such person on May 15, 
        1994;
            ``(2) in the case of any State or political subdivision 
        which, on May 15, 1994, required zoning for solid waste 
        management or the management of recyclable materials, the land 
        on which such unit is located was zoned on May 15, 1994, for 
        solid waste management or the management of recyclable 
        materials;
            ``(3) the unit is contiguous to one or more other units for 
        which flow control authority may be exercised under subsection 
        (a), the construction of which commenced on or before May 15, 
        1994;
            ``(4) the capacity represented by such unit was identified 
        as of May 15, 1994, in the solid waste management plan for such 
        facility; and
            ``(5) the maximum annual capacity of the facility to 
        receive municipal solid waste or recyclable materials does not 
        increase.
    ``(j) Additional Authority for Areas With Pre-1984 Flow Control.--
Notwithstanding anything to the contrary in this section, until 30 
years after the date of enactment of this section, a State or political 
subdivision of a State that, on or before January 1, 1984, adopted 
regulations under a State law that required or directed the 
transportation, management, or disposal of solid waste from 
residential, commercial, or institutional, or industrial sources (as 
defined under State law) to specifically identified waste management 
facilities, and applied those regulations to every political 
subdivision of the State, may--
            ``(1) exercise flow control authority over all classes and 
        categories of solid waste that were subject to flow control on 
        May 15, 1994; and
            ``(2) exercise flow control authority over such solid waste 
        from any existing or future waste management facility to any 
        other existing or future waste management facility.
    ``(k) Facilities Not Qualified for Flow Control.--No flow control 
authority may be exercised under the provisions of this section to 
direct solid waste or recyclable materials to any facility pursuant to 
an ordinance if--
            ``(1) the ordinance was determined to be unconstitutional 
        by a State or Federal court after May 15, 1994, and before the 
        date of the enactment of this section;
            ``(2) the facility is located over a sole source aquifer 
        and within one mile of a coastal zone; and
            ``(3) the facility is not fully permitted and operating in 
        complete official compliance with all Federal, State, and local 
        environmental regulations.
    ``(l) Savings Clause.--Nothing in this section is intended to 
prevent any State or political subdivision from franchising, licensing, 
or contracting for solid waste collection, processing, or disposal.
    ``(m) Definitions.--For the purposes of this section--
            ``(1) Designate; designation.--The terms `designate', 
        `designated', `designating', and `designation' mean a 
        requirement of a State or political subdivision, and the act of 
        a State or political subdivision, individually or collectively, 
        to require that all or any portion of the municipal solid waste 
        or recyclable materials that is generated within the boundaries 
        of the State or any political subdivision be delivered to one 
        or more waste management facilities or facilities for 
        recyclable materials identified by the State or political 
        subdivision.
            ``(2) Environmental retrofit.--The term `environmental 
        retrofit' means construction or reconstruction at a waste 
        management facility or facility for recyclable materials that 
        is mandated in order to comply with Federal environmental law 
        (or a State requirement adopted pursuant to a Federal 
        environmental law) and which requires a capital expenditure.
            ``(3) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of 
        municipal solid waste or voluntarily relinquished recyclable 
        materials and direct such solid waste or voluntarily 
        relinquished recyclable materials to one or more designated 
        waste management facilities or facilities for recyclable 
        materials within the boundaries of a State or within the 
        boundaries of a political subdivision of a State, as in effect 
        on May 15, 1994.
            ``(4) Municipal solid waste.--The term `municipal solid 
        waste' means any solid waste generated by the general public or 
        by households, including single residences and multifamily 
        residences, and from commercial, institutional, and industrial 
        sources, to the extent such waste is essentially the same as 
        waste normally generated by households or was collected and 
        disposed of with other municipal solid waste as part of normal 
        municipal solid waste collection services, consisting of paper, 
        wood, yard waste, plastics, leather, rubber, and other 
        combustible materials and noncombustible materials such as 
        metal and glass, including residue remaining after recyclable 
        materials have been separated from waste destined for disposal, 
        and including waste material removed from a septic tank, 
        septage pit, or cesspool (other than from portable toilets), 
        except that the term does not include any of the following:
                    ``(A) Any waste identified or listed as a hazardous 
                waste under section 3001 of this Act or waste regulated 
                under the Toxic Substances Control Act.
                    ``(B) Any waste, including contaminated soil and 
                debris, resulting from response taken under section 104 
                or 106 of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 or any 
                corrective action taken under this Act.
                    ``(C) Construction and demolition debris.
                    ``(D) Medical waste listed in section 11002 of this 
                Act.
                    ``(E) Industrial waste generated by manufacturing 
                or industrial processes, including waste generated 
                during scrap processing and scrap recycling.
                    ``(F) Recyclable materials.
                    ``(G) Sludge.
            ``(5) Recycle and recycling.--The terms `recycle' and 
        `recycling' mean--
                    ``(A) any process which produces any material 
                defined as `recycled' under section 1004; and
                    ``(B) any process by which materials are diverted, 
                separated from, or separately managed from materials 
                otherwise destined for disposal as solid waste, by 
                collecting, sorting, or processing for use as raw 
                materials or feedstocks in lieu of, or in addition to, 
                virgin materials, including petroleum, in the 
                manufacture of usable materials or products.
            ``(6) Recyclable materials.--The term `recyclable 
        materials' means any materials that have been separated from 
        waste otherwise destined for disposal (either at the source of 
        the waste or at processing facilities) or that have been 
        managed separately from waste destined for disposal, for the 
        purpose of recycling, reclamation, composting of organic 
        materials such as food and yard waste, or reuse (other than for 
        the purpose of incineration). Such term includes scrap rubber 
        to be used as a fuel source. Materials shall be deemed 
        `recyclable materials' for the purpose of subsection (a) only 
        if the generator or owner of the materials voluntarily made the 
        materials available to the State or political subdivision (or 
        the designee of the State or political subdivision) and 
        relinquished any rights to, or ownership of, such materials, 
        and the State or political subdivision (or such designee) 
        assumes such rights to, or ownership of, such materials.
            ``(7) Waste management facility.--The term `waste 
        management facility' means any facility for separating, 
        storing, transferring, treating, processing, combusting, or 
        disposing of municipal solid waste.''.
    (b) Table of Contents.--The table of contents for subtitle D of the 
Solid Waste Disposal Act is amended by adding the following new item 
after the item relating to section 4011:

``Sec. 4012. Congressional authorization of State and local municipal 
                            solid waste flow control.''.
                                 <all>
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