I

104TH CONGRESS

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.

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 TITLE I—INTERSTATE WASTE

2 SEC. 101. INTERSTATE TRANSPORTATION AND DISPOSAL

3 OF MUNICIPAL SOLID WASTE.

4 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis5 posal Act (42 U.S.C. 6941 et seq.) is amended by adding

6 after section 4010 the following new section:

7 ‘‘SEC. 4011. RECEIPT AND DISPOSAL OF OUT-OF-STATE MU8 NICIPAL SOLID WASTE.

9 ‘‘(a) PRESUMPTIVE BAN ON RECEIPT OF OUT-OF10 STATE WASTE.—No landfill or incinerator may receive

11 any out-of-State municipal solid waste for disposal or in12 cineration unless the waste is received pursuant to—

13 ‘‘(1) a host community agreement in accordance

14 with subsection (b) or (c), or

15 ‘‘(2) an exemption under subsection (d).

16 ‘‘(b) EXISTING HOST COMMUNITY AGREEMENTS.—

17 ‘‘(1) EXEMPTION FROM BAN.—Out-of-State

18 municipal solid waste may be received at a landfill

19 or incinerator for disposal or incineration pursuant

20 to a host community agreement entered into before

21 the enactment of this section if—

22 ‘‘(A) the agreement specifically authorizes

23 the owner or operator to accept, at the landfill

24 or incinerator, out-of-State municipal solid

25 waste; and
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1 ‘‘(B) the owner or operator complies with

2 all of the terms and conditions of the host com3 munity agreement.

4 The owner or operator shall provide a copy of the

5 host community agreement, within 90 days after the

6 enactment of this Act, to the State and affected

7 local government and make such a copy available for

8 inspection by the public in the affected local commu9 nity.

10 ‘‘(2) REQUIREMENT FOR COMPLIANCE WITH

11 CERTAIN REQUIREMENTS.—The exemption under

12 this subsection shall not apply to a landfill or incin13 erator in operation on the date of the enactment of

14 this section if the State determines that the landfill

15 or incinerator was not in compliance as of such date

16 with applicable Federal and State laws and regula17 tions relating to facility operation and design and—

18 ‘‘(A) in the case of landfills, facility loca19 tion standards, leachate collection standards,

20 groundwater monitoring standards, and stand21 ards for financial assurance and for closure and

22 post-closure and corrective action, and

23 ‘‘(B) in the case of incinerators, the appli24 cable requirements of section 120 of the Clean

25 Air Act (42 U.S.C. 7429),
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1 and that such noncompliance constitutes a threat to

2 human health or the environment.

3 ‘‘(c) NEW HOST COMMUNITY AGREEMENTS.—

4 ‘‘(1) EXEMPTION FROM BAN.—Out-of-State

5 municipal solid waste may be received at a landfill

6 or incinerator for disposal or incineration pursuant

7 to a host community agreement entered into on or

8 after the enactment of this section (hereinafter in

9 this section referred to as a ‘‘new host community

10 agreement) if the agreement specifically authorizes

11 the receipt of such waste and meets the require12 ments of paragraphs (2) through (5) of this sub13 section.

14 ‘‘(2) REQUIREMENTS FOR AUTHORIZATION.—

15 An authorization to receive out-of-State municipal

16 waste pursuant to a new host community agreement

17 shall be granted by formal action at a meeting; be

18 recorded in writing in the official record of the meet19 ing; and remain in effect according to its terms.

20 Such authorization may specify terms and condi21 tions, including an amount of out-of-State waste

22 that an owner or operator may receive and the dura23 tion of the authorization.

24 ‘‘(3) INFORMATION.—Prior to seeking an au25 thorization to receive out-of-State municipal solid
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1 waste pursuant to a new host community agreement

2 under this subsection, the owner or operator of the

3 facility seeking such authorization shall provide (and

4 make readily available to the State, each contiguous

5 local government and Indian tribe, and any other in6 terested person for inspection and copying) each of

7 the following items of information:

8 ‘‘(A) A brief description of the facility, in9 cluding, with respect to both the facility and

10 any planned expansion of the facility, the size,

11 ultimate waste capacity, and the anticipated

12 monthly and yearly quantities of waste to be

13 handled. Such quantities shall be expressed in

14 terms of volume.

15 ‘‘(B) A map of the facility site indicating

16 location in relation to the local road system and

17 topography and general hydrogeological fea18 tures. The map shall indicate any buffer zones

19 to be acquired by the owner or operator as well

20 as all facility units.

21 ‘‘(C) A description of the then current en22 vironmental characteristics of the site, a de23 scription of ground water use in the area, and

24 a discussion of alterations that may be neces25 sitated by, or occur as a result of, the facility.
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1 The description of groundwater use shall in2 clude identification of private wells and public

3 drinking water sources.

4 ‘‘(D) A description of environmental con5 trols typically required to be used on the site

6 (pursuant to permit requirements), including

7 run on or run off management, or both, air pol8 lution control devices, source separation proce9 dures (if any), methane monitoring and control,

10 landfill covers, liners or leachate collection sys11 tems, and monitoring programs. In addition,

12 the description shall include a description of

13 any waste residuals generated by the facility,

14 including leachate or ash, and the planned man15 agement of the residuals.

16 ‘‘(E) A description of site access controls

17 to be employed, and roadway improvements to

18 be made, by the owner or operator, and an esti19 mate of the timing and extent of increased local

20 truck traffic.

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

22 and local permits.

23 ‘‘(G) Estimates of the personnel require24 ments of the facility, including information re25 garding the probable skill and education levels
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1 required for jobs at the facility. To the extent

2 practicable, the information shall distinguish

3 between employment statistics for

4 preoperational and postoperational levels.

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

6 State or Federal law to be provided with re7 spect to any violations of environmental laws

8 (including regulations) by the owner, the opera9 tor, and any subsidiary of the owner or opera10 tor, the disposition of enforcement proceedings

11 taken with respect to the violations, and correc12 tive action and rehabilitation measures taken as

13 a result of the proceedings.

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

15 State or Federal law to be provided with re16 spect to gifts and contributions made by the

17 owner or operator.

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

19 State or Federal law to be provided with re20 spect to compliance by the owner or operator

21 with the State solid waste management plan.

22 ‘‘(4) PRIOR NOTIFICATION.—Prior to taking

23 formal action with respect to granting authorization

24 to receive out-of-State municipal solid waste pursu-
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1 ant to a new host community agreement under this

2 subsection, an affected local government shall—

3 ‘‘(A) notify the State, contiguous local gov4 ernments, and any contiguous Indian tribes;

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

6 newspaper of general circulation at least 15

7 days before holding a hearing under subpara8 graph (C), except where State law provides for

9 an alternate form of public notification; and

10 ‘‘(C) provide an opportunity for public

11 comment in accordance with State law, includ12 ing at least 1 public hearing.

13 ‘‘(5) SUBSEQUENT NOTIFICATION.—Promptly,

14 but not later than 90 days after an authorization is

15 granted pursuant to a new host community agree16 ment under this subsection, the affected local gov17 ernment shall notify the Governor, contiguous local

18 governments, and any contiguous Indian tribes of

19 such authorization.

20 ‘‘(d) EXEMPTION FOR WASTE NOT SUBJECT TO

21 HOST COMMUNITY AGREEMENTS.—

22 ‘‘(1) IN GENERAL.—Out-of-State municipal

23 solid waste received at a landfill or incinerator shall

24 be exempt from the presumptive ban contained in

25 subsection (a) if the owner or operator of the landfill
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1 or incinerator provides either of the following to the

2 State in which the landfill or incinerator is located

3 and to the affected local government:

4 ‘‘(A) PERMIT.—Information establishing

5 that, before the date of the enactment of this

6 section, the owner or operator of the landfill or

7 incinerator has received a State permit specifi8 cally authorizing the owner or operator to ac9 cept, at the landfill or incinerator, such out-of10 State municipal solid waste. This subparagraph

11 shall be effective only if the owner or operator

12 complies with all of the terms and conditions of

13 the permit and notifies the affected local gov14 ernment of the permit as soon as practicable

15 but not later than 90 days after the date of en16 actment of this section.

17 ‘‘(B) DOCUMENTED SHIPMENTS.—Infor18 mation establishing that during 1993, the land19 fill or incinerator received shipments of out-of20 State municipal solid waste. Such information

21 shall be in such documented form as will result

22 in criminal penalties under State law in case of

23 false or misleading information. Such informa24 tion shall include information about the date of
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1 shipment, place of origin of such waste, and the

2 type of such waste.

3 ‘‘(2) COMPLIANCE WITH CERTAIN LAWS RE4 QUIRED.—The exemption under this subsection shall

5 not apply to a landfill or incinerator in operation on

6 the date of the enactment of this section if the State

7 determines that the landfill or incinerator was not in

8 compliance as of such date with applicable Federal

9 and State laws and regulations relating to facility

10 operation and design and—

11 ‘‘(A) in the case of landfills, facility loca12 tion standards, leachate collection standards,

13 groundwater monitoring standards, and stand14 ards for financial assurance and for closure and

15 post-closure and corrective action,

16 ‘‘(B) in the case of incinerators, the appli17 cable requirements of section 120 of the Clean

18 Air Act (42 U.S.C. 7429), and

19 ‘‘(C) that such noncompliance constitutes a

20 threat to human health or the environment.

21 ‘‘(3) AMOUNT LIMITATION ON PARAGRAPH

22 (1)(B) EXEMPTION.—The amount of out-of-State mu23 nicipal solid waste exempt under paragraph (1)(B)

24 from the presumptive ban contained in subsection
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1 (a) shall be determined as provided in this para2 graph.

3 ‘‘(A) STATES NOT EXERCISING RATCHET

4 AUTHORITY UNDER SUBSECTION (f).—In States

5 which do not establish a limit on out-of-State

6 municipal solid waste under subsection (f) (re7 lating to the ratchet authority), the amount of

8 exempt out-of-State municipal solid waste shall

9 be determined under clause (i) or (ii).

10 ‘‘(i) WASTE UNDER CONTRACT.—For

11 out-of-State municipal solid waste received

12 at the landfill or incinerator under a con13 tract in effect during 1993, the exemption

14 under paragraph (1)(B) shall apply only to

15 the amount of out-of-State municipal solid

16 waste specified in the contract and only for

17 the longer of the following periods:

18 ‘‘(I) The life of the contract.

19 ‘‘(II) The period ending 3 years

20 after the enactment of this section.

21 If the contract expires prior to the end of

22 the 3-year period, the exempt amount shall

23 be an annual amount equal to the average

24 annual amount of out-of-State municipal
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1 solid waste received at the landfill or incin2 erator over the life of the contract.

3 ‘‘(ii) SPOT WASTE.—For out-of-State

4 municipal solid waste received at the land5 fill or incinerator in the absence of a con6 tract in effect during 1993, the exemption

7 under paragraph (1)(B) shall not be lim8 ited in amount under this subsection but

9 shall apply to the receipt of out-of-State

10 municipal solid waste only for a period

11 ending 3 years after the enactment of this

12 section.

13 ‘‘(B) STATES EXERCISING RATCHET AU14 THORITY UNDER SUBSECTION (f).—In States

15 which establish a limit on out-of-State munici16 pal solid waste under subsection (f) (relating to

17 the ratchet authority), the exemption under

18 paragraph (1)(B) shall be limited to the same

19 amounts and time periods as specified in sub20 paragraph (A) except that in lieu of the 3-year

21 period referred to in subparagraph (A) there

22 shall be substituted a period ending January 1,

23 2001.

24 ‘‘(4) AVAILABILITY OF DOCUMENTATION.—The

25 owner or operator of a landfill or incinerator receiv-
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1 ing waste pursuant to an exemption under this sub2 section shall make available for inspection by the

3 public in the affected local community, a copy of the

4 documentation referred to in paragraph (1). The

5 owner or operator may omit any proprietary infor6 mation contained in contracts, but shall ensure that

7 at least the following information is apparent: the

8 volume of out-of-State municipal solid waste to be

9 received, the source of the waste, and the duration

10 of the contract.

11 ‘‘(5) DENIED OR REVOKED PERMITS.—A land12 fill or incinerator may not receive for disposal or in13 cineration out-of-State municipal solid waste pursu14 ant to an exemption under paragraph (1)(B) if the

15 operating permit or license for the landfill or incin16 erator (or renewal thereof) was denied or revoked by

17 the appropriate State agency before the date of en18 actment of this section unless such permit or license

19 (or renewal) has been reinstated as of such date of

20 enactment.

21 ‘‘(6) WASTE WITHIN BI-STATE METROPOLITAN

22 STATISTICAL AREAS.—A landfill or incinerator in a

23 State shall be exempt from the presumptive ban set

24 forth in subsection (a) if the out-of-State waste is

25 generated within, and the landfill or incinerator is
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1 located within, the same bi-State level A metropoli2 tan statistical area (as defined by the Office of Man3 agement and Budget and as listed by the Office of

4 Management and Budget as of the date of enact5 ment of this section) which contains two contiguous

6 major cities each of which is in a different State.

7 ‘‘(7) EXEMPTION UNDER THIS SUBSECTION

8 SUBJECT TO FREEZE OR RATCHET.—The authority

9 of a landfill or incinerator to receive out-of-State

10 municipal solid waste pursuant to an exemption

11 under this subsection may be limited by a State pur12 suant to either subsection (e) (relating to the freeze)

13 or subsection (f) (relating to the ratchet).

14 ‘‘(e) AUTHORITY OF STATE TO FREEZE CERTAIN

15 EXEMPT OUT-OF-STATE MUNICIPAL SOLID WASTE.—

16 ‘‘(1) FREEZE.—A State in which a landfill or

17 incinerator is located may establish a limit, as pro18 vided in this subsection, on the amount of out-of19 State municipal solid waste received annually for

20 disposal at each landfill or incinerator in the State

21 pursuant to an exemption under subsection

22 (d)(1)(B), or the affected local government may

23 limit the amount of out-of-State municipal solid

24 waste received annually for disposal at a particular

25 landfill or incinerator pursuant to an exemption
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1 under subsection (d)(1)(B). For any landfill or in2 cinerator, a limit under this subsection shall be in

3 lieu of any limit under subsection (f) (relating to the

4 ratchet).

5 ‘‘(2) LIMITATION AMOUNT.—For any landfill or

6 incinerator that commenced receiving documented

7 out-of-State municipal solid waste before the date of

8 enactment of this section, any limitation under para9 graph (1) for any year shall be equal to the amount

10 of out-of-State municipal solid waste received for

11 disposal at the landfill or incinerator concerned dur12 ing calendar year 1993. The documentation referred

13 to in this subparagraph shall be such as would result

14 in criminal penalties in case of false or misleading

15 information. Such documentation shall include the

16 amount of waste received, place of origin, including

17 the identity of the generator, date of shipment, and

18 type of waste.

19 ‘‘(3) NO DISCRIMINATION.—In establishing a

20 limitation under this subsection, a State shall act in

21 a consistent manner that does not discriminate

22 against any shipments of out-of-State municipal

23 solid waste on the basis of State of origin.

24 ‘‘(4) EFFECT ON OTHER LAWS.—Nothing in

25 this subsection shall be interpreted or construed to
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1 have any effect on any State law relating to con2 tracts.

3 ‘‘(f) RATCHET.—

4 ‘‘(1) AUTHORITY.—Any State (hereinafter in

5 this subsection referred to as an ‘importing State’)

6 that imported more than 750,000 tons of out-of7 State municipal solid waste in 1993 may establish a

8 limit under this subsection on the amount of out-of9 State municipal solid waste received pursuant to the

10 authority of subsection (d)(1)(B) for disposal at

11 landfills and incinerators in the importing State. A

12 limit under this paragraph shall be in lieu of any

13 limit imposed under subsection (e) (relating to the

14 freeze). A limit under this paragraph may be im15 posed only if each of the following requirements are

16 met:

17 ‘‘(A) The importing State shall notify the

18 Governor of the exporting State or States of the

19 proposed limit at least 12 months before impo20 sition of the limit.

21 ‘‘(B) The importing State shall notify the

22 Governor of the exporting State or States of the

23 proposed limit at least 90 days before enforce24 ment of the limit.
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1 ‘‘(C) The percentage reduction in the

2 amount of out-of-State municipal solid waste

3 which is received at each facility pursuant to

4 subsection (d)(1)(B) in the importing State at

5 which a limit may be established under this

6 subsection shall be uniform for all such facili7 ties.

8 ‘‘(2) PERCENTAGE.—The limit established

9 under this subsection shall be a percentage of the

10 amount of out-of-State municipal solid waste gen11 erated in the exporting State during calendar year

12 1993 and received at facilities in the importing State

13 in which a limit is established under this subsection.

14 For any calendar year after 1996, the percentage

15 shall be as specified in the following table:

Applicable

‘‘Calendar year: Percentage:

1997 ......................................................................................... 85

1998 ......................................................................................... 75

1999 ......................................................................................... 65

2000 ......................................................................................... 55

after 2000 ................................................................................ 50.

16 ‘‘(g) NEEDS DETERMINATION.—Any comprehensive

17 solid waste management plan approved under Federal or

18 State law and any implementation of such plan through

19 the State permitting process may take into account local

20 and regional needs for solid waste disposal capacity. An

21 affected local government may make a determination that

22 there is no local or regional need for a new landfill or in-
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1 cinerator or major modification creating additional capac2 ity at an existing facility in the area under the jurisdiction

3 of the affected local government. Such determination shall

4 be based on a finding that the proposed facility does not

5 have a host community agreement or is inconsistent with

6 the capacity needs established in the comprehensive solid

7 waste management plan adopted by the affected local gov8 ernment pursuant to State law. No comprehensive solid

9 waste management plan may expressly prohibit the impor10 tation of municipal solid waste from out of State.

11 ‘‘(h) IMPLEMENTATION AND ENFORCEMENT.—Any

12 State may adopt such laws and regulations, not inconsist13 ent with this section, as are necessary to implement and

14 enforce this section, including provisions for penalties.

15 ‘‘(i) EFFECT ON INTERSTATE COMMERCE.—No State

16 prohibition or limitation established as provided this sec17 tion, no State planning and permitting process referred

18 to in subsection (g), and no State law or regulation re19 ferred to in subsection (h) shall be considered to impose

20 an undue burden on interstate commerce or to otherwise

21 impair, restrain, or discriminate against interstate com22 merce.

23 ‘‘(j) ANNUAL STATE REPORT.—Each year the owner

24 or operator of each landfill or incinerator receiving out25 of-State municipal solid waste shall submit to the Gov-
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1 ernor of the State in which the landfill or incinerator is

2 located information specifying the amount of out-of-State

3 municipal solid waste received for disposal during the pre4 ceding year. Each year each such State shall publish and

5 make available to the public, a report containing informa6 tion on the amount of out-of-State municipal solid waste

7 received for disposal in the State during the preceding

8 year.

9 ‘‘(k) DEFINITIONS.—For purposes of this section:

10 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A) Ex11 cept as provided in subparagraphs (B) and (C), for

12 any landfill or incinerator, the term ‘affected local

13 government’ shall mean—

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

15 law to plan for the management of municipal

16 solid waste, a majority of the members of which

17 are elected officials, for the area in which the

18 landfill or incinerator is located or proposed to

19 be located, or

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

21 State law, the elected officials of the city, town,

22 township, borough, county, or parish exercising

23 primary responsibility for the use of land on

24 which the facility is located or proposed to be

25 located.
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1 ‘‘(B) In the case of host community agreements

2 entered into before the convening of the 104th Con3 gress, for any landfill or incinerator, the term shall

4 mean either the public body described in clause (i)

5 of subparagraph (A) or the elected officials of the

6 city, town, township, borough, county, or parish ex7 ercising primary responsibility for the use of land on

8 which the facility is located or proposed to be lo9 cated.

10 ‘‘(C) In the case of host community agreements

11 entered into after the convening of the 104th Con12 gress, but before the date of enactment of this sec13 tion, for any landfill or incinerator, the term shall

14 mean either the public body described in clause (i)

15 of subparagraph (A) or, with the approval of such

16 public body, the elected officials of the city, town,

17 township, borough, county, or parish exercising pri18 mary responsibility for the use of land on which the

19 facility is located or proposed to be located.

20 ‘‘(D) Two or more Governors of adjoining

21 States may use the authority provided in section

22 1005(b) to enter into an agreement under which

23 contiguous units of local government located in each

24 of the adjoining States may act jointly as the af25 fected local government for purposes of providing
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1 authorization under subsection (a) for municipal

2 solid waste generated in one of such counties and

3 received for disposal or incineration in another.

4 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

5 term ‘host community agreement’ means a written,

6 legally binding agreement, lawfully entered into be7 tween an owner or operator of a landfill or inciner8 ator and an affected local government that specifi9 cally authorizes the landfill or incinerator to receive

10 out-of-State municipal solid waste.

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

12 ‘municipal solid waste’ means all waste materials

13 discarded for disposal by households, including sin14 gle and multifamily residences, and hotels and mo15 tels. The term also includes waste materials gen16 erated by commercial, institutional, and industrial

17 sources, to the extent such wastes are essentially the

18 same as waste normally generated by households or

19 were collected and disposed of with other municipal

20 solid waste as part of normal municipal solid waste

21 collection services, and regardless of when generated,

22 would be considered conditionally exempt small

23 quantity generator waste under section 3001(d). Ex24 amples of municipal solid waste include food and

25 yard waste, paper, clothing, appliances, consumer
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1 product packaging, disposable diapers, office sup2 plies, cosmetics, glass and metal food containers, ele3 mentary or secondary school science laboratory

4 waste, and household hazardous waste. Such term

5 shall include debris resulting from construction, re6 modeling, repair, or demolition of structures other

7 than debris that is not otherwise commingled with

8 other municipal solid waste and has been determined

9 by the generator, to be contaminated. For purposes

10 of determining whether any such debris is contami11 nated, the generator shall conduct representative

12 sampling and analysis of such debris, the results of

13 which shall be submitted to the affected local gov14 ernment for record keeping purposes only, unless not

15 required by the affected local government. Any such

16 debris that has been determined to be contaminated

17 shall be disposed of in a landfill that meets, at a

18 minimum, the requirements of this subtitle. The

19 term does not include any of the following:

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

21 a hazardous waste under section 3001.

22 ‘‘(B) Any solid waste, including contami23 nated soil and debris, resulting from—

24 ‘‘(i) a response action taken under

25 section 104 or 106 of the Comprehensive
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1 Environmental Response, Compensation,

2 and Liability Act (42 U.S.C. 9604 or

3 9606),

4 ‘‘(ii) a response action taken under a

5 State law with authorities comparable to

6 the authorities of section 104 or 106, or

7 ‘‘(iii) a corrective action taken under

8 this Act.

9 ‘‘(C) Recyclable materials that have been

10 separated, at the source of the waste, from

11 waste otherwise destined for disposal or that

12 have been managed separately from waste des13 tined for disposal, including scrap rubber to be

14 used as a fuel source.

15 ‘‘(D) Materials and products returned

16 from a dispenser or distributor to the manufac17 turer or an agent of the manufacturer for cred18 it, evaluation, and possible reuse.

19 ‘‘(E) Any solid waste that is—

20 ‘‘(i) generated by an industrial facil21 ity; and

22 ‘‘(ii) transported for the purpose of

23 treatment, storage, or disposal to a facility

24 or unit thereof that is owned or operated

25 by the generator of the waste or located on
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1 property owned by the generator or a com2 pany with which the generator is affiliated

3 or the capacity of which is contractually

4 dedicated exclusively to a specific generator

5 so long as the disposal area complies with

6 local and State land use and zoning regula7 tions applicable to the disposal site.

8 ‘‘(F) Any medical waste that is segregated

9 from or not mixed with solid waste.

10 ‘‘(G) Sewage sludge and residuals from

11 any sewage treatment plant, including any sew12 age treatment plant required to be constructed

13 in the State of Massachusetts pursuant to any

14 court order issued against the Massachusetts

15 Water Resources Authority.

16 ‘‘(H) Combustion ash generated by re17 source recovery facilities or municipal inciner18 ators, or waste from manufacturing or process19 ing (including pollution control) operations not

20 essentially the same as waste normally gen21 erated by households.

22 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID

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

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

25 solid waste generated outside of the State. The term
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1 includes municipal solid waste generated outside of

2 the United States.

3 ‘‘(5) RECYCLE AND RECYCLING.—The terms

4 ‘recycle’ and ‘recycling’ mean—

5 ‘‘(A) any process which produces any ma6 terial defined as ‘recycled’ under section 1004;

7 and

8 ‘‘(B) any process by which materials are

9 diverted, separated from, or separately man10 aged from materials otherwise destined for dis11 posal as solid waste, by collecting, sorting, or

12 processing for use as raw materials or feed13 stocks in lieu of, or in addition to, virgin mate14 rials, including petroleum, in the manufacture

15 of usable materials or products.

16 ‘‘(6) SPECIFIC AUTHORIZATION.—For purposes

17 of this section, the term ‘specifically authorizes’ re18 fers to an explicit authorization, contained in a host

19 community agreement or permit, to import waste

20 from outside the State. Such authorization may in21 clude a reference to a fixed radius surrounding the

22 landfill or incinerator which includes an area outside

23 the State or a reference to ‘any place of origin’, ref24 erence to specific places outside the State, or use of

25 such phrases as ‘regardless of origin’ or ‘outside the
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1 State’. The language for such authorization may

2 vary as long as it clearly and affirmatively states the

3 approval or consent of the affected local government

4 or State for receipt of municipal solid waste from

5 sources or locations outside the State from which the

6 owner or operator of a landfill or incinerator pro7 poses to import it. The term shall not include gen8 eral references to the receipt of waste from outside

9 the jurisdiction of the affected local government.’’.

10 (b) TABLE OF CONTENTS.—The table of contents of

11 the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is

12 amended by adding after the item relating to section 4010

13 the following new item:

‘‘Sec. 4011. Receipt and disposal of out-of-State municipal solid waste.’’.

14 TITLE II—FLOW CONTROL

15 SEC. 201. CONGRESSIONAL AUTHORIZATION OF STATE AND

16 LOCAL MUNICIPAL SOLID WASTE FLOW CON17 TROL.

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

19 Solid Waste Disposal Act is amended by adding after sec20 tion 4011 the following new section:
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1 ‘‘SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE

2 AND LOCAL GOVERNMENT CONTROL OVER

3 MOVEMENT OF MUNICIPAL SOLID WASTE

4 AND RECYCLABLE MATERIALS.

5 ‘‘(a) FLOW CONTROL AUTHORITY FOR FACILITIES

6 DESIGNATED AND IN OPERATION AS OF MAY 15, 1994.—

7 Any State or political subdivision thereof is authorized to

8 exercise flow control authority to direct the movement of

9 municipal solid waste, and recyclable materials voluntarily

10 relinquished by the owner or generator thereof, to particu11 lar waste management facilities, or facilities for recyclable

12 materials, designated and in operation as of May 15,

13 1994, if each of the following conditions are met:

14 ‘‘(1) The waste and recyclable materials are

15 generated within the jurisdictional boundaries of

16 such State or political subdivision, as the case may

17 be, determined as of May 15, 1994.

18 ‘‘(2) Such flow control authority is imposed

19 through the adoption or execution of a law, ordi20 nance, regulation, resolution, or other legally binding

21 provision or official act of the State or political sub22 division that—

23 ‘‘(A) was in effect on May 15, 1994, or

24 ‘‘(B) would have been in effect on that

25 date but for the issuance of an injunction or

26 other order by a court based on a ruling that
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1 such law, ordinance, regulation, resolution, or

2 other legally binding provision or official act

3 violated the Commerce Clause of the United

4 States Constitution.

5 The authority of this subsection shall only permit the exer6 cise of flow control authority for the specific classes or

7 categories of municipal solid waste and voluntarily relin8 quished recyclable materials to which flow control author9 ity was applicable on May 15, 1994, or immediately before

10 the effective date of an injunction or other court order

11 referred to in subparagraph (B) and only if the facility

12 concerned received municipal solid waste in those classes

13 or categories prior to May 15, 1994, or the effective date

14 of such injunction or other court order.

15 ‘‘(b) COMMITMENT TO DESIGNATION.—Any State or

16 political subdivision thereof is authorized to exercise flow

17 control authority to direct the movement of municipal

18 solid waste, and recyclable materials voluntarily relin19 quished by the owner or generator thereof, to particular

20 waste management facilities, or facilities for recyclable

21 materials, not covered by subsection (a), if the condition

22 of paragraph (1) of subsection (a) is met and each of the

23 following conditions are also met:

24 ‘‘(1) Such flow control authority is imposed

25 through the adoption or execution of a law, ordi-
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1 nance, regulation, resolution, or other legally binding

2 provision or official act of the State or political sub3 division that specifically provides for flow control au4 thority for municipal solid waste or recyclable mate5 rials, or both, generated within its boundaries and

6 that—

7 ‘‘(A) was in effect on May 15, 1994, or

8 ‘‘(B) would have been in effect on that

9 date but for the issuance of an injunction or

10 other order by a court referred to in subsection

11 (a)(2)(B).

12 ‘‘(2) The State or political subdivision has

13 taken one or more of the following actions prior to

14 May 15, 1994, to commit to the designation of such

15 waste management facilities or facilities for recycla16 ble materials:

17 ‘‘(A) The State or political subdivision has

18 obtained all required permits for the construc19 tion of the facility concerned.

20 ‘‘(B) The State or political subdivision has

21 executed contracts for the construction of such

22 facility.

23 ‘‘(C) The State or political subdivision has

24 presented bonds for sale specifically to provide

25 revenue for the construction of such facility.
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1 ‘‘(D) The State or political subdivision has

2 submitted to the appropriate regulatory agen3 cies administratively complete permit applica4 tions for the construction and operation of such

5 facility and within 30 months after such permit

6 is issued the State has issued all bonds nec7 essary to provide revenue for the construction

8 of such facility.

9 ‘‘(E) Designation of the solid waste man10 agement facility or recycling facility was com11 pleted by May 15, 1994, or would have been

12 completed by May 15, 1994, but for any notice

13 and comment period mandated under State law

14 for the designation.

15 ‘‘(F) The State or political subdivision has

16 executed a contract or agreement (otherwise

17 known as a ‘put or pay agreement’) that obli18 gates or otherwise requires the State or political

19 subdivision to deliver a minimum quantity of

20 flow controllable solid waste or recyclable mate21 rials to a waste management facility or facility

22 for recyclable materials and that obligates or

23 otherwise requires the State or political subdivi24 sion to pay for that minimum quantity of mu25 nicipal solid waste or recyclable materials even
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1 if the stated minimum quantity of such waste

2 or recyclable materials is not delivered within a

3 required timeframe.

4 This subsection shall only permit the exercise of flow con5 trol authority for the specific classes or categories of mu6 nicipal solid waste or voluntarily relinquished recyclable

7 materials clearly identified by the State or political sub8 division prior to May 15, 1994. If specific classes or cat9 egories of municipal solid waste or recyclable materials are

10 not clearly identified, the authority of this section shall

11 apply only to municipal solid waste generated by house12 holds.

13 ‘‘(c) DURATION OF SUBSECTION (a) FLOW CONTROL

14 AUTHORITY.—Flow control authority may be exercised

15 pursuant to subsection (a) for any facility or facilities only

16 until the later of the following:

17 ‘‘(1) The expiration date of a contract between

18 the State or political subdivision and any other per19 son regarding the movement or delivery of the mu20 nicipal solid waste or recyclable materials concerned.

21 Such expiration date shall be determined based upon

22 the contract provisions in effect on May 15, 1994.

23 ‘‘(2) The expiration date of any State or munic24 ipal bond issued to pay the capital costs of a waste

25 management facility or facility for recyclable mate-
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1 rials, whether it is the sole facility to which solid

2 waste or recyclable materials have been directed or

3 one of several facilities owned or operated by a mu4 nicipality from which solid waste revenue was

5 pledged in order to obtain bond financing. Such ex6 piration date shall be determined based upon the

7 bond provisions in effect on May 15, 1994, except

8 that in the case of an environmental retrofit for

9 which an additional bond is issued during the term

10 of the bond in effect on May 15, 1994, such expira11 tion date shall be the earlier of—

12 ‘‘(A) the expiration date of the additional

13 bond, or

14 ‘‘(B) the date 25 years after the issuance

15 of the additional bond.

16 ‘‘(3) The expiration of the useful life of a facil17 ity in existence as of May 15, 1994 (not including

18 expansions).

19 ‘‘(d) DURATION OF SUBSECTION (b) FLOW CONTROL

20 AUTHORITY.—Flow control authority may be exercised

21 pursuant to subsection (b) only until the expiration date

22 of the original bond issued to pay the capital costs of such

23 facility, except that flow control authority may be exer24 cised pursuant to a demonstration under subparagraph

25 (F) of subsection (b)(2) for any facility only until expira-
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1 tion date of the contract referred to in such subparagraph.

2 Such expiration date shall be determined based upon the

3 contract provisions as in effect on May 15, 1994.

4 ‘‘(e) VOLUNTARY OPT-OUT FOR GENERATORS AND

5 TRANSPORTERS.—Notwithstanding any other provision of

6 this section, upon the request of any generator of munici7 pal solid waste or recyclable materials affected by this sec8 tion, the State or political subdivision may authorize the

9 diversion of all or a portion of the solid waste or recyclable

10 materials generated by the generator making such request

11 to a solid waste management facility, or facility for recy12 clable materials, other than the facility or facilities origi13 nally designated by the political subdivision.

14 ‘‘(f) MANDATORY OPT-OUT FOR GENERATORS AND

15 TRANSPORTERS.—Notwithstanding any other provision of

16 this section, no State or local government may require any

17 generator or transporter of municipal solid waste or recy18 clable materials to transport such waste or materials, or

19 deliver such waste or materials for transportation, to any

20 site listed on the National Priorities List established under

21 the Comprehensive Environmental Response, Compensa22 tion, and Liability Act of 1980 unless such State or local

23 government has indemnified the generator or transporter

24 against all liability under that Act with respect to such

25 waste or materials.
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1 ‘‘(g) FLOW CONTROL STUDY.—The Administrator,

2 in cooperation with the National Academy of Public Ad3 ministration and the Secretary of the Treasury, shall con4 duct a study of the extent to which the decision of the

5 United States Supreme Court in C&A Carbone v.

6 Clarkstown, New York has affected the ability of public and

7 private agencies and entities to secure or retain financing

8 for solid waste management facilities or services. Such

9 study shall address whether such decision is likely to inter10 fere with the implementation of State solid waste manage11 ment plans, and whether such decision is likely to affect

12 recycling or composting. The Administration shall submit

13 a report on such study to the Congress, together with rec14 ommendations for needed legislation, if any, not later than

15 March 31, 1996.

16 ‘‘(h) EFFECT ON EXISTING LAWS AND CON17 TRACTS.—

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

19 section shall be interpreted or construed to have any

20 effect on any other law relating to the protection of

21 human health and the environment, or the manage22 ment of municipal solid waste or recyclable mate23 rials.

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

25 be interpreted to authorize a political subdivision to
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1 exercise the flow control authority granted by this

2 section in a manner inconsistent with State law.

3 ‘‘(3) OWNERSHIP OF RECYCLABLE MATE4 RIALS.—Nothing in this section shall authorize any

5 State or political subdivision to require any genera6 tor or owner of recyclable materials to transfer any

7 recyclable materials to such State or political sub8 division, nor shall prohibit any persons from selling,

9 purchasing, accepting, conveying, or transporting

10 any recyclable materials, unless the generator or

11 owner voluntarily makes such recyclable materials

12 available to the State or political subdivision and re13 linquishes any rights to, or ownership of, such recy14 clable materials.

15 ‘‘(i) FACILITY EXPANSIONS.—Nothing in this sub16 section (a) shall authorize the exercise of flow control au17 thority by a State or political subdivision to direct munici18 pal solid waste or recyclable materials to any unit of a

19 facility owned by any person if the construction of such

20 unit is commenced after May 15, 1994, unless—

21 ‘‘(1) such unit is on land owned by such person

22 on May 15, 1994;

23 ‘‘(2) in the case of any State or political sub24 division which, on May 15, 1994, required zoning for

25 solid waste management or the management of recy-
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1 clable materials, the land on which such unit is lo2 cated was zoned on May 15, 1994, for solid waste

3 management or the management of recyclable mate4 rials;

5 ‘‘(3) the unit is contiguous to one or more other

6 units for which flow control authority may be exer7 cised under subsection (a), the construction of which

8 commenced on or before May 15, 1994;

9 ‘‘(4) the capacity represented by such unit was

10 identified as of May 15, 1994, in the solid waste

11 management plan for such facility; and

12 ‘‘(5) the maximum annual capacity of the facil13 ity to receive municipal solid waste or recyclable ma14 terials does not increase.

15 ‘‘(j) ADDITIONAL AUTHORITY FOR AREAS WITH

16 PRE-1984 FLOW CONTROL.—Notwithstanding anything

17 to the contrary in this section, until 30 years after the

18 date of enactment of this section, a State or political sub19 division of a State that, on or before January 1, 1984,

20 adopted regulations under a State law that required or

21 directed the transportation, management, or disposal of

22 solid waste from residential, commercial, or institutional,

23 or industrial sources (as defined under State law) to spe24 cifically identified waste management facilities, and ap-
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1 plied those regulations to every political subdivision of the

2 State, may—

3 ‘‘(1) exercise flow control authority over all

4 classes and categories of solid waste that were sub5 ject to flow control on May 15, 1994; and

6 ‘‘(2) exercise flow control authority over such

7 solid waste from any existing or future waste man8 agement facility to any other existing or future

9 waste management facility.

10 ‘‘(k) FACILITIES NOT QUALIFIED FOR FLOW CON11 TROL.—No flow control authority may be exercised under

12 the provisions of this section to direct solid waste or recy13 clable materials to any facility pursuant to an ordinance

14 if—

15 ‘‘(1) the ordinance was determined to be uncon16 stitutional by a State or Federal court after May 15,

17 1994, and before the date of the enactment of this

18 section;

19 ‘‘(2) the facility is located over a sole source aq20 uifer and within one mile of a coastal zone; and

21 ‘‘(3) the facility is not fully permitted and oper22 ating in complete official compliance with all Fed23 eral, State, and local environmental regulations.

24 ‘‘(l) SAVINGS CLAUSE.—Nothing in this section is in25 tended to prevent any State or political subdivision from
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1 franchising, licensing, or contracting for solid waste collec2 tion, processing, or disposal.

3 ‘‘(m) DEFINITIONS.—For the purposes of this sec4 tion—

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

6 ‘designate’, ‘designated’, ‘designating’, and ‘designa7 tion’ mean a requirement of a State or political sub8 division, and the act of a State or political subdivi9 sion, individually or collectively, to require that all or

10 any portion of the municipal solid waste or recycla11 ble materials that is generated within the boundaries

12 of the State or any political subdivision be delivered

13 to one or more waste management facilities or facili14 ties for recyclable materials identified by the State

15 or political subdivision.

16 ‘‘(2) ENVIRONMENTAL RETROFIT.—The term

17 ‘environmental retrofit’ means construction or recon18 struction at a waste management facility or facility

19 for recyclable materials that is mandated in order to

20 comply with Federal environmental law (or a State

21 requirement adopted pursuant to a Federal environ22 mental law) and which requires a capital expendi23 ture.

24 ‘‘(3) FLOW CONTROL AUTHORITY.—The term

25 ‘flow control authority’ means the authority to con-
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1 trol the movement of municipal solid waste or volun2 tarily relinquished recyclable materials and direct

3 such solid waste or voluntarily relinquished recycla4 ble materials to one or more designated waste man5 agement facilities or facilities for recyclable mate6 rials within the boundaries of a State or within the

7 boundaries of a political subdivision of a State, as in

8 effect on May 15, 1994.

9 ‘‘(4) MUNICIPAL SOLID WASTE.—The term

10 ‘municipal solid waste’ means any solid waste gen11 erated by the general public or by households, in12 cluding single residences and multifamily residences,

13 and from commercial, institutional, and industrial

14 sources, to the extent such waste is essentially the

15 same as waste normally generated by households or

16 was collected and disposed of with other municipal

17 solid waste as part of normal municipal solid waste

18 collection services, consisting of paper, wood, yard

19 waste, plastics, leather, rubber, and other combus20 tible materials and noncombustible materials such as

21 metal and glass, including residue remaining after

22 recyclable materials have been separated from waste

23 destined for disposal, and including waste material

24 removed from a septic tank, septage pit, or cesspool
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1 (other than from portable toilets), except that the

2 term does not include any of the following:

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

4 hazardous waste under section 3001 of this Act

5 or waste regulated under the Toxic Substances

6 Control Act.

7 ‘‘(B) Any waste, including contaminated

8 soil and debris, resulting from response taken

9 under section 104 or 106 of the Comprehensive

10 Environmental Response, Compensation, and

11 Liability Act of 1980 or any corrective action

12 taken under this Act.

13 ‘‘(C) Construction and demolition debris.

14 ‘‘(D) Medical waste listed in section 11002

15 of this Act.

16 ‘‘(E) Industrial waste generated by manu17 facturing or industrial processes, including

18 waste generated during scrap processing and

19 scrap recycling.

20 ‘‘(F) Recyclable materials.

21 ‘‘(G) Sludge.

22 ‘‘(5) RECYCLE AND RECYCLING.—The terms

23 ‘recycle’ and ‘recycling’ mean—
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1 ‘‘(A) any process which produces any ma2 terial defined as ‘recycled’ under section 1004;

3 and

4 ‘‘(B) any process by which materials are

5 diverted, separated from, or separately man6 aged from materials otherwise destined for dis7 posal as solid waste, by collecting, sorting, or

8 processing for use as raw materials or feed9 stocks in lieu of, or in addition to, virgin mate10 rials, including petroleum, in the manufacture

11 of usable materials or products.

12 ‘‘(6) RECYCLABLE MATERIALS.—The term ‘re13 cyclable materials’ means any materials that have

14 been separated from waste otherwise destined for

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

16 processing facilities) or that have been managed sep17 arately from waste destined for disposal, for the pur18 pose of recycling, reclamation, composting of organic

19 materials such as food and yard waste, or reuse

20 (other than for the purpose of incineration). Such

21 term includes scrap rubber to be used as a fuel

22 source. Materials shall be deemed ‘recyclable mate23 rials’ for the purpose of subsection (a) only if the

24 generator or owner of the materials voluntarily made

25 the materials available to the State or political sub-
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1 division (or the designee of the State or political

2 subdivision) and relinquished any rights to, or own3 ership of, such materials, and the State or political

4 subdivision (or such designee) assumes such rights

5 to, or ownership of, such materials.

6 ‘‘(7) WASTE MANAGEMENT FACILITY.—The

7 term ‘waste management facility’ means any facility

8 for separating, storing, transferring, treating, proc9 essing, combusting, or disposing of municipal solid

10 waste.’’.

11 (b) TABLE OF CONTENTS.—The table of contents for

12 subtitle D of the Solid Waste Disposal Act is amended

13 by adding the following new item after the item relating

14 to section 4011:

‘‘Sec. 4012. Congressional authorization of State and local municipal solid waste

flow control.’’.

Æ

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