Calendar No. 74

104TH CONGRESS

1ST SESSION S. 534

[Report No. 104–52]

A BILL

To amend the Solid Waste Disposal Act to provide

purposes.portation of municipal solid waste, and for otherauthority for States to limit the interstate transAPRIL 18, 1995

Reported with an amendment
II

Calendar No. 74

104TH CONGRESS

1ST SESSION S. 534

[Report No. 104–52]

To amend the Solid Waste Disposal Act to provide authority for States

to limit the interstate transportation of municipal solid waste, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 10 (legislative day, MARCH 6), 1995

Mr. SMITH (for himself and Mr. CHAFEE) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

APRIL 18, 1995

Reported, under authority of the order of the Senate of April 6 (legislative

day, April 5), 1995, by Mr. CHAFEE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Solid Waste Disposal Act to provide authority

for States to limit the interstate transportation of municipal 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Interstate Transpor3 tation of Municipal Solid Waste Act of 1995’’.

4 TITLE I—INTERSTATE WASTE

5 SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL

6 SOLID WASTE.

7 (a) AMENDMENT.—Subtitle D of the Solid Waste

8 Disposal Act (42 U.S.C. 6941 et seq.) is amended by add9 ing at the end the following new section:

10 ‘‘INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID

11 WASTE

12 ‘‘SEC. 4011. (a) AUTHORITY TO RESTRICT OUT-OF13 STATE MUNICIPAL SOLID WASTE.—(1) Except as pro14 vided in paragraph (4), immediately upon the date of en15 actment of this section if requested in writing by an af16 fected local government, a Governor may prohibit the dis17 posal of out-of-State municipal solid waste in any landfill

18 or incinerator that is not covered by the exceptions pro19 vided in subsection (b) and that is subject to the jurisdic20 tion of the Governor and the affected local government.

21 ‘‘(2) Except as provided in paragraph (4), imme22 diately upon the date of publication of the list required

23 in paragraph (6)(D) and notwithstanding the absence of

24 a request in writing by the affected local government, a

25 Governor, in accordance with paragraph (5), may limit the

26 quantity of out-of-State municipal solid waste received for
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1 disposal at each landfill or incinerator covered by the ex2 ceptions provided in subsection (b) that is subject to the

3 jurisdiction of the Governor, to an annual amount equal

4 to or greater than the quantity of out-of-State municipal

5 solid waste received for disposal at such landfill or inciner6 ator during calendar year 1993.

7 ‘‘(3)(A) Except as provided in paragraph (4), under

8 the conditions stated in subparagraph (B), immediately

9 upon the date of publication of the list required in para10 graph (6)(E), and notwithstanding the absence of a re11 quest in writing by the affected local government, a Gov12 ernor, in accordance with paragraph (5), may prohibit or

13 limit the amount of out-of-State municipal solid waste dis14 posed of at any landfill or incinerator covered by the ex15 ceptions in subsection (b) that is subject to the jurisdiction

16 of the Governor, generated in any State that is determined

17 by the Administrator under paragraph (6)(E) as having

18 exported, to landfills or incinerators not covered by host

19 community agreements, more than—

20 ‘‘(i) 3.5 million tons of municipal solid waste in

21 calendar year 1996;

22 ‘‘(ii) 3.0 million tons of municipal solid waste in

23 each of calendar years 1997 and 1998;

24 ‘‘(iii) 2.5 million tons of municipal solid waste

25 in each of calendar years 1999 and 2000;
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1 ‘‘(iv) 1.5 million tons of municipal solid waste

2 in each of calendar years 2001 and 2002; and

3 ‘‘(v) 1.0 million tons of municipal solid waste in

4 calendar year 2003 and each year thereafter.

5 ‘‘(B) The conditions stated in this subparagraph are

6 that—

7 ‘‘(i) the Governor of the importing State has

8 notified the Governor of the exporting State and the

9 Administrator 12 months prior to enforcement of

10 the importing State’s intention to impose the re11 quirements of this section;

12 ‘‘(ii) the Governor of the importing State has

13 notified the Governor of the exporting State and the

14 Administrator of the violation by the exporting State

15 of this section at least 90 days prior to the enforce16 ment of this section; and

17 ‘‘(iii) the restrictions imposed by the Governor

18 of the importing State are uniform at all facilities.

19 ‘‘(C) The authority provided by subparagraphs (A)

20 and (B) shall apply for as long as a State exceeds the

21 permissible levels as determined by the Administrator

22 under paragraph (6)(E).

23 ‘‘(4)(A) A Governor may not exercise the authority

24 granted under this section if such action would result in

25 the violation of, or would otherwise be inconsistent with,
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1 the terms of a host community agreement or a permit is2 sued from the State to receive out-of-State municipal solid

3 waste.

4 ‘‘(B) Except as provided in paragraph (3), a Gov5 ernor may not exercise the authority granted under this

6 section in a manner that would require any owner or oper7 ator of a landfill or incinerator covered by the exceptions

8 provided in subsection (b) to reduce the amount of out9 of-State municipal solid waste received from any State for

10 disposal at such landfill or incinerator to an annual quan11 tity less than the amount received from such State for dis12 posal at such landfill or incinerator during calendar year

13 1993.

14 ‘‘(5) Any limitation imposed by a Governor under

15 paragraph (2) or (3)—

16 ‘‘(A) shall be applicable throughout the State;

17 ‘‘(B) shall not directly or indirectly discriminate

18 against any particular landfill or incinerator within

19 the State; and

20 ‘‘(C) shall not directly or indirectly discriminate

21 against any shipments of out-of-State municipal

22 solid waste on the basis of State of origin and all

23 such limitations shall be applied to all States in vio24 lation of paragraph (3).
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1 ‘‘(6)(A)(i) Any Governor who intends to exercise the

2 authority provided in paragraph (2) or (3) shall, within

3 120 days after the date of enactment of this section, and

4 on the same day of each year thereafter, submit to the

5 Administrator information documenting the State of ori6 gin and the quantity of out-of-State municipal solid waste

7 received for disposal at landfills and incinerators covered

8 by the exceptions provided in subsection (b) in the State

9 of such Governor during calendar year 1993.

10 ‘‘(ii) The Administrator is authorized and directed to

11 collect such additional information in addition to what is

12 submitted under clause (i) as may be necessary to deter13 mine if the level of exports of municipal solid waste by

14 any State exceeds the level established in paragraph (3).

15 ‘‘(B) On receipt of the information submitted or col16 lected pursuant to subparagraph (A), the Administrator

17 shall notify the Governor of each such State and the Gov18 ernors of States with exports that exceed the level of ex19 ports of municipal solid waste established in paragraph (3)

20 and shall publish notice and shall provide a comment pe21 riod of not less than 30 days.

22 ‘‘(C) Not later than 60 days after receipt of informa23 tion from a Governor, and any additional information ob24 tained by the Administrator, under subparagraph (A), the

25 Administrator shall determine the quantity of out-of-State
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1 municipal solid waste that was received for disposal in the

2 State during calendar year 1993, the State of origin and

3 the total amount of municipal solid waste exports from

4 each State that exceeds the level established in paragraph

5 (3), and the quantity of out-of-State municipal solid waste

6 received for disposal at landfills and incinerators covered

7 by the exceptions provided in subsection (b) in the State

8 of such Governor during calendar year 1993. The Admin9 istrator shall publish a public notice and shall provide di10 rect notification to each of the Governors of all States af11 fected by this determination, for each such State for which

12 the determination is made. A determination by the Admin13 istrator under this subparagraph shall be final and not

14 subject to judicial review.

15 ‘‘(D) Not later than 180 days after the date of enact16 ment of this section, the Administrator shall publish a list

17 of the quantity of out-of-State municipal solid waste that

18 was received during calendar year 1993 at each landfill

19 and incinerator covered by the exceptions provided in sub20 section (b) for disposal in each State in which the Gov21 ernor intends to exercise the authority provided in para22 graph (2) or (3), as determined in accordance with sub23 paragraph (C).

24 ‘‘(E) Not later than March 1, 1997, and on March

25 1 of each year thereafter, the Administrator shall publish
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1 a list of States that the Administrator has determined

2 have exported out of State an amount of municipal solid

3 waste in excess of 3.5 million tons in calendar year 1996,

4 3.0 million tons in each of calendar years 1997 and 1998,

5 2.5 million tons in each of calendar years 1999 and 2000,

6 1.5 million tons in each of calendar years 2000 and 2001,

7 and 1.0 million tons in calendar year 2002 and each year

8 thereafter, as determined in accordance with subpara9 graph (C).

10 ‘‘(F) Not later than March 1 of each year after the

11 date of enactment of this section, or as required by State

12 law, the owner or operator of each landfill or incinerator

13 receiving out-of-State municipal solid waste shall submit

14 to the Governor of the State in which the landfill or incin15 erator is located information specifying, by State of origin,

16 the amount of out-of-State municipal solid waste received

17 for disposal during the preceding year. Each year the Gov18 ernor of a State who intends to exercise the authority pro19 vided in paragraph (2) or (3) shall publish and make avail20 able to the public a report containing information on the

21 amount of out-of-State municipal solid waste received for

22 disposal in the State during the preceding year.

23 ‘‘(7) Any affected local government that intends to

24 submit a request under paragraph (1) or take formal ac-
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1 tion on a host community agreement shall, prior to taking

2 such action—

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

5 ‘‘(B) publish notice of the action in a news6 paper of general circulation at least 30 days before

7 taking such action;

8 ‘‘(C) provide an opportunity for public com9 ment; and

10 ‘‘(D) following notice and comment, take formal

11 action on any proposed request or action at a public

12 meeting.

13 ‘‘(8) Any owner or operator seeking a host commu14 nity agreement shall provide to the affected local govern15 ment the following information, which shall be made avail16 able to the public from the affected local government:

17 ‘‘(A) A brief description of the planned facility,

18 including a description of the facility size, ultimate

19 waste capacity, and anticipated monthly and yearly

20 waste quantities to be handled.

21 ‘‘(B) A map of the facility site that indicates

22 the location of the facility in relation to the local

23 road system and topographical and hydrological fea24 tures and any buffer zones and facility units to be

25 acquired by the owner or operator of the facility.
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1 ‘‘(C) A description of the existing environ2 mental conditions at the site, and any violations of

3 applicable laws or regulations.

4 ‘‘(D) A description of environmental controls to

5 be utilized at the facility.

6 ‘‘(E) A description of the site access controls to

7 be employed, and roadway improvements to be

8 made, by the owner or operator, and an estimate

9 of the timing and extent of increased local truck

10 traffic.

11 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

12 OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1) The au13 thority to prohibit the disposal of out-of-State municipal

14 solid waste provided under subsection (a)(1) shall not

15 apply to landfills and incinerators in operation on the date

16 of enactment of this section that—

17 ‘‘(A) received during calendar year 1993 docu18 mented shipments of out-of-State municipal solid

19 waste; and

20 ‘‘(B)(i) in the case of landfills, are in compli21 ance with all applicable Federal and State laws and

22 regulations relating to operation, design and location

23 standards, leachate collection, ground water monitor24 ing, and financial assurance for closure and post-clo25 sure and corrective action; or
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1 ‘‘(ii) in the case of incinerators, are in compli2 ance with the applicable requirements of section 129

3 of the Clean Air Act (42 U.S.C. 7429) and applica4 ble State laws and regulations relating to facility de5 sign and operations.

6 ‘‘(2) A Governor may not prohibit the disposal of out7 of-State municipal solid waste pursuant to subsection

8 (a)(1) at facilities described in this subsection that are not

9 in compliance with applicable Federal and State laws and

10 regulations unless disposal of municipal solid waste gen11 erated within the State at such facilities is also prohibited.

12 ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF13 STATE MUNICIPAL SOLID WASTE.—(1) In any case in

14 which an affected local government is considering entering

15 into, or has entered into, a host community agreement and

16 the disposal or incineration of out-of-State municipal solid

17 waste under such agreement would preclude the use of

18 municipal solid waste management capacity described in

19 paragraph (2), the Governor of the State in which the af20 fected local government is located may prohibit the execu21 tion of such host community agreement with respect to

22 that capacity.

23 ‘‘(2) The municipal solid waste management capacity

24 referred to in paragraph (1) is that capacity—
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1 ‘‘(A) that is permitted under Federal or State

2 law;

3 ‘‘(B) that is identified under the State plan;

4 and

5 ‘‘(C) for which a legally binding commitment

6 between the owner or operator and another party

7 has been made for its use for disposal or inciner8 ation of municipal solid waste generated within the

9 region (identified under section 4006(a)) in which

10 the local government is located.

11 ‘‘(d) COST RECOVERY SURCHARGE.—

12 ‘‘(1) AUTHORITY.—A State described in para13 graph (2) may adopt a law and impose and collect

14 a cost recovery charge on the processing or disposal

15 of out-of-State municipal solid waste in the State in

16 accordance with this subsection.

17 ‘‘(2) APPLICABILITY.—The authority to impose

18 a cost recovery surcharge under this subsection ap19 plies to any State that on or before April 3, 1994,

20 imposed and collected a special fee on the processing

21 or disposal of out-of-State municipal waste pursuant

22 to a State law.

23 ‘‘(3) LIMITATION.—No such State may impose

24 or collect a cost recovery surcharge from a facility

25 on any out-of-State municipal solid waste that is
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1 being received at the facility under 1 or more con2 tracts entered into after April 3, 1994, and before

3 the date of enactment of this section.

4 ‘‘(4) AMOUNT OF SURCHARGE.—The amount of

5 the cost recovery surcharge may be no greater than

6 the amount necessary to recover those costs deter7 mined in conformance with paragraph (6) and in no

8 event may exceed $1.00 per ton of waste.

9 ‘‘(5) USE OF SURCHARGE COLLECTED.—All

10 cost recovery surcharges collected by a State covered

11 by this subsection shall be used to fund those solid

12 waste management programs administered by the

13 State or its political subdivision that incur costs for

14 which the surcharge is collected.

15 ‘‘(6) CONDITIONS.—(A) Subject to subpara16 graphs (B) and (C), a State covered by this sub17 section may impose and collect a cost recovery sur18 charge on the processing or disposal within the State

19 of out-of-State municipal solid waste if—

20 ‘‘(i) the State demonstrates a cost to the

21 State arising from the processing or disposal

22 within the State of a volume of municipal solid

23 waste from a source outside the State;

24 ‘‘(ii) the surcharge is based on those costs

25 to the State demonstrated under subparagraph
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1 (A) that, if not paid for through the surcharge,

2 would otherwise have to be paid or subsidized

3 by the State; and

4 ‘‘(iii) the surcharge is compensatory and is

5 not discriminatory.

6 ‘‘(B) In no event shall a cost recovery surcharge

7 be imposed by a State to the extent that the cost for

8 which recovery is sought is otherwise paid, recov9 ered, or offset by any other fee or tax assessed

10 against or voluntarily paid to the State or its politi11 cal subdivision in connection with the generation,

12 transportation, treatment, processing, or disposal of

13 solid waste.

14 ‘‘(C) The grant of a subsidy by a State with re15 spect to entities disposing of waste generated within

16 the State that does not constitute discrimination for

17 purposes of subparagraph (A)(iii).

18 ‘‘(7) DEFINITIONS.—As used in this subsection:

19 ‘‘(A) The term ‘costs’ means the costs in20 curred by the State for the implementation of

21 its laws governing the processing or disposal of

22 municipal solid waste, limited to the issuance of

23 new permits and renewal of modified permits,

24 inspection and compliance monitoring, enforce-
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1 ment, and costs associated with technical assist2 ance, data management and collection fees.

3 ‘‘(B) The term ‘processing’ means any ac4 tivity to reduce the volume of solid waste or

5 alter its chemical, biological or physical state,

6 through processes such as thermal treatment,

7 bailing, composting, crushing, shredding, sepa8 ration, or compaction.

9 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall

10 be interpreted or construed—

11 ‘‘(1) to have any effect on State law relating to

12 contracts; or

13 ‘‘(2) to affect the authority of any State or local

14 government to protect public health and the environ15 ment through laws, regulations, and permits, includ16 ing the authority to limit the total amount of munic17 ipal solid waste that landfill or incinerator owners or

18 operators within the jurisdiction of a State may ac19 cept during a prescribed period, provided that such

20 limitations do not discriminate between in-State and

21 out-of-State municipal solid waste, except to the ex22 tent authorized by this section.

23 ‘‘(f) DEFINITIONS.—As used in this section:
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1 ‘‘(1)(A) The term ‘affected local government’,

2 used with respect to a landfill or incinerator,

3 means—

4 ‘‘(i) the public body created by State law

5 with responsibility to plan for municipal solid

6 waste management, a majority of the members

7 of which are elected officials, for the area in

8 which the facility is located or proposed to be

9 located; or

10 ‘‘(ii) the elected officials of the city, town,

11 township, borough, county, or parish exercising

12 primary responsibility over municipal solid

13 waste management or the use of land in the ju14 risdiction in which the facility is located or is

15 proposed to be located.

16 ‘‘(B)(i) Within 90 days after the date of enact17 ment of this section, a Governor may designate and

18 publish notice of which entity listed in clause (i) or

19 (ii) of subparagraph (A) shall serve as the affected

20 local government for actions taken under this section

21 and after publication of such notice.

22 ‘‘(ii) If a Governor fails to make such a des23 ignation, the affected local government shall be the

24 elected officials of the city, town, township, borough,

25 county, parish, or other public body created pursu-
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1 ant to State law with primary jurisdiction over the

2 land or the use of land on which the facility is lo3 cated or is proposed to be located.

4 ‘‘(C) For purposes of host community agree5 ments entered into before the date of publication of

6 the notice, the term means either a public body de7 scribed in subparagraph (A)(i) or the elected offi8 cials of any of the public bodies described in sub9 paragraph (A)(ii).

10 ‘‘(2)(A) The term ‘host community agreement’

11 means, with respect to any agreement entered into

12 on or after March 10, 1995, a written, legally bind13 ing document or documents executed by duly author14 ized officials of the affected local government that

15 expressly authorizes a landfill or incinerator to re16 ceive specified amounts of municipal solid waste gen17 erated out of State.

18 ‘‘(B) The term ‘host community agreement’

19 means, with respect to any agreement entered into

20 before March 10, 1995, a written, legally binding

21 document or documents executed by duly authorized

22 officials of the affected local government expressly

23 authorizing a landfill or incinerator to receive munic24 ipal solid waste generated out of State, but does not

25 include any agreement to pay host community fees
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1 for receipt of waste unless additional express author2 ization to receive out-of-State municipal solid waste

3 is also included. For purposes of a host community

4 agreement entered into before March 10, 1995, such

5 agreement may use a term other than ‘out-of-State’,

6 provided that any alternative term or terms evidence

7 the approval or consent of the affected local govern8 ment for receipt of municipal solid waste from

9 sources or locations outside the State in which the

10 landfill or incinerator is located or is proposed to be

11 located.

12 ‘‘(3) The term ‘out-of-State municipal solid

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

14 solid waste generated outside of the State. To the

15 extent that the President determines it is consistent

16 with the North American Free Trade Agreement

17 and the General Agreement on Tariffs and Trade,

18 the term shall include municipal solid waste gen19 erated outside of the United States.

20 ‘‘(4) The term ‘municipal solid waste’ means

21 refuse (and refuse-derived fuel) generated by the

22 general public or from a residential, commercial, in23 stitutional, or industrial source (or any combination

24 thereof), consisting of paper, wood, yard wastes,

25 plastics, leather, rubber, or other combustible or
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1 noncombustible materials such as metal or glass (or

2 any combination thereof). The term ‘municipal solid

3 waste’ does not include—

4 ‘‘(A) any solid waste identified or listed as

5 a hazardous waste under section 3001, or any

6 solid waste containing polychlorinated biphenyls

7 regulated under the Toxic Substances Control

8 Act (15 U.S.C. 2601 et seq.);

9 ‘‘(B) any solid waste, including contami10 nated soil and debris, resulting from a response

11 action taken under section 104 or 106 of the

12 Comprehensive Environmental Response, Com13 pensation, and Liability Act of 1980 (42 U.S.C.

14 9604 or 9606) or a corrective action taken

15 under this Act;

16 ‘‘(C) any metal, pipe, glass, plastic, paper,

17 textile, or other material that has been sepa18 rated or diverted from municipal solid waste (as

19 otherwise defined in this paragraph) and has

20 been transported into a State for the purpose of

21 recycling or reclamation;

22 ‘‘(D) any solid waste that is—

23 ‘‘(i) generated by an industrial facil24 ity; and
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1 ‘‘(ii) transported for the purpose of

2 treatment, storage, or disposal to a facility

3 that is owned or operated by the generator

4 of the waste, or is located on property

5 owned by the generator of the waste, or is

6 located on property owned by a company

7 with which the generator is affiliated;

8 ‘‘(E) any solid waste generated incident to

9 the provision of service in interstate, intrastate,

10 foreign, or overseas air transportation;

11 ‘‘(F) any industrial waste that is not iden12 tical to municipal solid waste (as otherwise de13 fined in this paragraph) with respect to the

14 physical and chemical state of the industrial

15 waste, and composition, including construction

16 and demolition debris;

17 ‘‘(G) any medical waste that is segregated

18 from or not mixed with municipal solid waste

19 (as otherwise defined in this paragraph); or

20 ‘‘(H) any material or product returned

21 from a dispenser or distributor to the manufac22 turer for credit, evaluation, or possible reuse.

23 ‘‘(5) The term ‘compliance’ means a pattern or

24 practice of adhering to and satisfying standards and

25 requirements promulgated by the Federal or a State
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1 government for the purpose of preventing significant

2 harm to human health and the environment. Actions

3 undertaken in accordance with compliance schedules

4 for remediation established by Federal or State en5 forcement authorities shall be considered compliance

6 for purposes of this section.’’.

7 (b) TABLE OF CONTENTS AMENDMENT.—The table

8 of contents in section 1001 of the Solid Waste Disposal

9 Act (42 U.S.C. prec. 6901) is amended by adding at the

10 end of the items relating to subtitle D the following new

11 item:

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

12 TITLE II—FLOW CONTROL

13 SEC. 201. SHORT TITLE.

14 This title may be cited as the ‘‘Municipal Solid Waste

15 Flow Control Act of 1995’’.

16 SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF

17 MOVEMENT OF MUNICIPAL SOLID WASTE

18 AND RECYCLABLE MATERIAL.

19 Subtitle D of the Solid Waste Disposal Act is amend20 ed by adding after section 4010 the following new section:

21 ‘‘SEC. 4011. STATE AND LOCAL GOVERNMENT CONTROL OF

22 MOVEMENT OF MUNICIPAL SOLID WASTE

23 AND RECYCLABLE MATERIAL.

24 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) DESIGNATE; DESIGNATION.—The terms

2 ‘designate’ and ‘designation’ refer to a requirement

3 by a State or political subdivision, and the act of a

4 State or political subdivision in requiring, that all or

5 any portion of the municipal solid waste or recycla6 ble material that is generated within the boundaries

7 of the State or political subdivision be delivered to

8 a waste management facility or facility for recyclable

9 material identified by the State or political subdivi10 sion.

11 ‘‘(2) FLOW CONTROL AUTHORITY.—The term

12 ‘flow control authority’ means the authority to con13 trol the movement of solid waste or recyclable mate14 rial and direct such solid waste or recyclable mate15 rial to a designated waste management facility or fa16 cility for recyclable material.

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

18 ‘municipal solid waste’ means—

19 ‘‘(A) solid waste generated by the general

20 public or from a residential, commercial, insti21 tutional, or industrial source, consisting of

22 paper, wood, yard waste, plastics, leather, rub23 ber, and other combustible material and

24 noncombustible material such as metal and

25 glass, including residue remaining after recycla-
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1 ble material has been separated from waste des2 tined for disposal, and including waste material

3 removed from a septic tank, septage pit, or

4 cesspool (other than from portable toilets); but

5 ‘‘(B) does not include—

6 ‘‘(i) waste identified or listed as a

7 hazardous waste under section 3001 of this

8 Act or waste regulated under the Toxic

9 Substances Control Act (15 U.S.C. 2601

10 et seq.);

11 ‘‘(ii) waste, including contaminated

12 soil and debris, resulting from a response

13 action taken under section 104 or 106 of

14 the Comprehensive Environmental Re15 sponse, Compensation, and Liability Act of

16 1980 (42 U.S.C. 9604, 9606) or any cor17 rective action taken under this Act;

18 ‘‘(iii) medical waste listed in section

19 11002;

20 ‘‘(iv) industrial waste generated by

21 manufacturing or industrial processes, in22 cluding waste generated during scrap proc23 essing and scrap recycling;

24 ‘‘(v) recyclable material; or

25 ‘‘(vi) sludge.
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1 ‘‘(4) RECYCLABLE MATERIAL.—The term ‘recy2 clable material’ means—

3 ‘‘(A) material that has been separated

4 from waste otherwise destined for disposal (at

5 the source of the waste or at a processing facil6 ity) or has been managed separately from waste

7 destined for disposal, for the purpose of recy8 cling, reclamation, composting of organic mate9 rial such as food and yard waste, or reuse

10 (other than for the purpose of incineration); but

11 ‘‘(B) for the purpose of subsection (b), in12 cludes material described in subparagraph (A)

13 only if the generator or owner of the material

14 voluntarily made the material available to the

15 State or political subdivision (or the designee of

16 the State or political subdivision) and relin17 quished any rights to, or ownership of, the ma18 terial, and the State or political subdivision (or

19 designee) assumes such rights to, or ownership

20 of, the material.

21 ‘‘(5) WASTE MANAGEMENT FACILITY.—The

22 term ‘waste management facility’ means a facility

23 that collects, separates, stores, transports, transfers,

24 treats, processes, combusts, or disposes of municipal

25 solid waste.
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1 ‘‘(b) AUTHORITY.—

2 ‘‘(1) IN GENERAL.—Each State and each politi3 cal subdivision of a State may exercise flow control

4 authority for municipal solid waste and for recycla5 ble material voluntarily relinquished by the owner or

6 generator of the material that is generated within its

7 jurisdiction by directing the municipal solid waste or

8 recyclable material to a waste management facility

9 or facility for recyclable material, if such flow con10 trol authority—

11 ‘‘(A) is imposed pursuant to a law, ordi12 nance, regulation, or other legally binding provi13 sion or official act of the State or political sub14 division in effect on May 15, 1994; and

15 ‘‘(B) has been implemented by designating

16 before May 15, 1994, the particular waste man17 agement facilities to which the municipal solid

18 waste or recyclable material is to be delivered,

19 the substantial construction of which facilities

20 was performed after the effective date of that

21 legally binding provision or official act and

22 which facilities were in operation as of May 15,

23 1994.

24 ‘‘(2) LIMITATION.—The authority of this sec25 tion extends only to the specific classes or categories
26

•S 534 RS

1 of municipal solid waste to which flow control au2 thority requiring a movement to a waste manage3 ment facility was actually applied on or before May

4 15, 1994 (or, in the case of a State or political sub5 division that qualifies under subsection (c), to the

6 specific classes or categories of municipal solid waste

7 for which the State or political subdivision prior to

8 May 15, 1994, had committed to the designation of

9 a waste management facility).

10 ‘‘(3) LACK OF CLEAR IDENTIFICATION.—With

11 regard to facilities granted flow control authority

12 under subsection (c), if the specific classes or cat13 egories of municipal solid waste are not clearly iden14 tified, the authority of this section shall apply only

15 to municipal solid waste generated by households.

16 ‘‘(4) DURATION OF AUTHORITY.—With respect

17 to each designated waste management facility, the

18 authority of this section shall be effective until the

19 later of—

20 ‘‘(A) the end of the remaining life of a con21 tract between the State or political subdivision

22 and any other person regarding the movement

23 or delivery of municipal solid waste or recycla24 ble material (as in effect May 15, 1994);
27

•S 534 RS

1 ‘‘(B) completion of the schedule for pay2 ment of the capital costs of the facility con3 cerned (as in effect May 15, 1994); or

4 ‘‘(C) the end of the remaining useful life of

5 the original facility, as that remaining life may

6 be extended by—

7 ‘‘(i) retrofitting of equipment or the

8 making of other significant modifications

9 to meet applicable environmental require10 ments or safety requirements;

11 ‘‘(ii) routine repair or scheduled re12 placement of equipment or components

13 that does not add to the capacity of a

14 waste management facility; or

15 ‘‘(iii) expansion of the facility on land

16 that is—

17 ‘‘(I) legally or equitably owned,

18 or under option to purchase or lease,

19 by the owner or operator of the facil20 ity; and

21 ‘‘(II) covered by the permit for

22 the facility (as in effect May 15,

23 1994).

24 ‘‘(c) COMMITMENT TO CONSTRUCTION.—
28

•S 534 RS

1 ‘‘(1) IN GENERAL.—Notwithstanding subsection

2 (b)(1) (A) and (B), any political subdivision of a

3 State may exercise flow control authority under sub4 section (b), if—

5 ‘‘(A) the law, ordinance, regulation, or

6 other legally binding provision specifically pro7 vides for flow control authority for municipal

8 solid waste generated within its boundaries and

9 was in effect prior to May 15, 1994; and

10 ‘‘(B) the political subdivision took action

11 prior to May 15, 1994, to commit to the des12 ignation of a waste management facility to

13 which municipal solid waste is to be transported

14 or at which municipal solid waste is to be dis15 posed of under that law, ordinance, regulation,

16 plan, or legally binding provision.

17 ‘‘(2) FACTORS DEMONSTRATING COMMIT18 MENT.—A commitment to the designation of a waste

19 management facility is demonstrated by 1 or more

20 of the following factors:

21 ‘‘(A) CONSTRUCTION PERMITS.—All per22 mits required for the substantial construction of

23 the facility were obtained prior to May 15,

24 1994.
29

•S 534 RS

1 ‘‘(B) CONTRACTS.—All contracts for the

2 substantial construction of the facility were in

3 effect prior to May 15, 1994.

4 ‘‘(C) REVENUE BONDS.—Prior to May 15,

5 1994, revenue bonds were presented for sale to

6 specifically provide revenue for the construction

7 of the facility.

8 ‘‘(D) CONSTRUCTION AND OPERATING

9 PERMITS.—The State or political subdivision

10 submitted to the appropriate regulatory agency

11 or agencies, on or before May 16, 1994, sub12 stantially complete permit applications for the

13 construction and operation of the facility.

14 ‘‘(d) RETAINED AUTHORITY.—

15 ‘‘(1) REQUEST.—On the request of a generator

16 of municipal solid waste affected by this section, a

17 State or political subdivision may authorize the di18 version of all or a portion of the solid waste gen19 erated by the generator making the request to an al20 ternative solid waste treatment or disposal facility, if

21 the purpose of the request is to provide a higher

22 level of protection for human health and the environ23 ment or reduce potential future liability of the gen24 erator under Federal or State law for the manage25 ment of such waste, unless the State or political sub-
30

•S 534 RS

1 division determines that the facility to which the mu2 nicipal solid waste is proposed to be diverted does

3 not provide a higher level of protection for human

4 health and the environment or does not reduce the

5 potential future liability of the generator under Fed6 eral or State law for the management of such waste.

7 ‘‘(2) CONTENTS.—A request under paragraph

8 (1) shall include information on the environmental

9 suitability of the proposed alternative treatment or

10 disposal facility and method, compared to that of the

11 designated facility and method.

12 ‘‘(e) LIMITATIONS ON REVENUE.—A State or politi13 cal subdivision may exercise flow control authority under

14 subsection (b) or (c) only if the State or political subdivi15 sion certifies that the use of any of its revenues derived

16 from the exercise of that authority will be used solely for

17 solid waste management services.

18 ‘‘(f) REASONABLE REGULATION OF COMMERCE.— A

19 law, ordinance, regulation, or other legally binding provi20 sion or official act of a State or political subdivision, de21 scribed in subsection (b) or (c), that implements flow con22 trol authority in compliance with this section shall be con23 sidered to be a reasonable regulation of commerce and

24 shall not be considered to be an undue burden on or other-
31

•S 534 RS

1 wise considered as impairing, restraining, or discriminat2 ing against interstate commerce.

3 ‘‘(g) EFFECT ON EXISTING LAWS AND CON4 TRACTS.—

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

6 section shall be construed to have any effect on any

7 other law relating to the protection of human health

8 and the environment or the management of munici9 pal solid waste or recyclable material.

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

11 be construed to authorize a political subdivision of a

12 State to exercise the flow control authority granted

13 by this section in a manner that is inconsistent with

14 State law.

15 ‘‘(3) OWNERSHIP OF RECYCLABLE MATERIAL.—

16 Nothing in this section—

17 ‘‘(A) authorizes a State or political subdivi18 sion of a State to require a generator or owner

19 of recyclable material to transfer recyclable ma20 terial to the State or political subdivision; or

21 ‘‘(B) prohibits a generator or owner of re22 cyclable material from selling, purchasing, ac23 cepting, conveying, or transporting recyclable

24 material for the purpose of transformation or

25 remanufacture into usable or marketable mate-
32

•S 534 RS

1 rial, unless the generator or owner voluntarily

2 made the recyclable material available to the

3 State or political subdivision and relinquished

4 any right to, or ownership of, the recyclable

5 material.’’.

6 SEC. 203. TABLE OF CONTENTS AMENDMENT.

7 The table of contents for subtitle D in section 1001

8 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901),

9 as amended by section 101(b), is amended by adding after

10 the item relating to section 4010 the following new item:

‘‘Sec. 4011. State and local government control of movement of municipal solid

waste and recyclable material.’’.

11 SEC. 204. REPEAL.

12 Section 4011 of the Solid Waste Disposal Act, as

13 added by section 202, and the item relating to that section

14 in the table of contents for subtitle D of the Solid Waste

15 Disposal Act, as added by section 203, are repealed effec16 tive as of the date that is 30 years after the date of enact17 ment of this Act.

18 SECTION 1. SHORT TITLE.

19 This Act may be cited as the ‘‘Interstate Transpor20 tation of Municipal Solid Waste Act of 1995’’.
33

•S 534 RS

1 TITLE I—INTERSTATE WASTE

2 SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL

3 SOLID WASTE.

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

6 at the end the following new section:

7 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL

8 SOLID WASTE.

9 ‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE MUNIC10 IPAL SOLID WASTE.—(1) Except as provided in paragraph

11 (4), immediately upon the date of enactment of this section

12 if requested in writing by an affected local government, a

13 Governor may prohibit the disposal of out-of-State munici14 pal solid waste in any landfill or incinerator that is not

15 covered by the exceptions provided in subsection (b) and

16 that is subject to the jurisdiction of the Governor and the

17 affected local government.

18 ‘‘(2) Except as provided in paragraph (4), imme19 diately upon the date of publication of the list required in

20 paragraph (6)(D) and notwithstanding the absence of a re21 quest in writing by the affected local government, a Gov22 ernor, in accordance with paragraph (5), may limit the

23 quantity of out-of-State municipal solid waste received for

24 disposal at each landfill or incinerator covered by the excep25 tions provided in subsection (b) that is subject to the juris-
34

•S 534 RS

1 diction of the Governor, to an annual amount equal to or

2 greater than the quantity of out-of-State municipal solid

3 waste received for disposal at such landfill or incinerator

4 during calendar year 1993.

5 ‘‘(3)(A) Except as provided in paragraph (4), imme6 diately upon the date of publication of the list required in

7 paragraph (6)(E), and notwithstanding the absence of a re8 quest in writing by the affected local government, a Gov9 ernor, in accordance with paragraph (5), may prohibit or

10 limit the amount of out-of-State municipal solid waste dis11 posed of at any landfill or incinerator covered by the excep12 tions in subsection (b) that is subject to the jurisdiction of

13 the Governor, generated in any State that is determined

14 by the Administrator under paragraph (6)(E) as having

15 exported, to landfills or incinerators not covered by host

16 community agreements or permits authorizing receipt of

17 out-of-State municipal solid waste, more than—

18 ‘‘(i) 3,500,000 tons of municipal solid waste in

19 calendar year 1996;

20 ‘‘(ii) 3,000,000 tons of municipal solid waste in

21 each of calendar years 1997 and 1998;

22 ‘‘(iii) 2,500,000 tons of municipal solid waste in

23 each of calendar years 1999 and 2000;

24 ‘‘(iv) 1,500,000 tons of municipal solid waste in

25 each of calendar years 2001 and 2002; and
35

•S 534 RS

1 ‘‘(v) 1,000,000 tons of municipal solid waste in

2 calendar year 2003 and each year thereafter.

3 ‘‘(B)(i) No State may export to landfills or inciner4 ators in any 1 State that are not covered by host commu5 nity agreements more than the following amounts of munic6 ipal solid waste:

7 ‘‘(I) In calendar year 1996, the greater of

8 1,400,000 tons or 90 percent of the amount exported

9 to the State in calendar year 1993.

10 ‘‘(II) In calendar year 1997, the greater of

11 1,300,000 tons or 90 percent of the amount exported

12 to the State in calendar year 1996.

13 ‘‘(III) In calendar year 1998, the greater of

14 1,200,000 tons or 90 percent of the amount exported

15 to the State in calendar year 1997.

16 ‘‘(IV) In calendar year 1999, the greater of

17 1,100,000 tons or 90 percent of the amount exported

18 to the State in calendar year 1998.

19 ‘‘(V) In calendar year 2000, 1,000,000 tons.

20 ‘‘(VI) In calendar year 2001, 800,000 tons.

21 ‘‘(VII) In calendar year 2002 or any calendar

22 year thereafter, 600,000 tons.

23 ‘‘(ii) The Governor of an importing State may take

24 action to restrict levels of imports to reflect the appropriate

25 level of out-of-State municipal solid waste imports if—
36

•S 534 RS

1 ‘‘(I) the Governor of the importing State has no2 tified the Governor of the exporting State and the Ad3 ministrator, 12 months prior to taking any such ac4 tion, of the importing State’s intention to impose the

5 requirements of this section;

6 ‘‘(II) the Governor of the importing State has

7 notified the Governor of the exporting State and the

8 Administrator of the violation by the exporting State

9 of this section at least 90 days prior to taking any

10 such action; and

11 ‘‘(III) the restrictions imposed by the Governor

12 of the importing State are uniform at all facilities.

13 ‘‘(C) The authority provided by subparagraphs (A)

14 and (B) shall apply for as long as a State exceeds the per15 missible levels as determined by the Administrator under

16 paragraph (6)(E).

17 ‘‘(4)(A) A Governor may not exercise the authority

18 granted under this section if such action would result in

19 the violation of, or would otherwise be inconsistent with,

20 the terms of a host community agreement or a permit issued

21 from the State to receive out-of-State municipal solid waste.

22 ‘‘(B) Except as provided in paragraph (3), a Governor

23 may not exercise the authority granted under this section

24 in a manner that would require any owner or operator of

25 a landfill or incinerator covered by the exceptions provided
37

•S 534 RS

1 in subsection (b) to reduce the amount of out-of-State mu2 nicipal solid waste received from any State for disposal at

3 such landfill or incinerator to an annual quantity less than

4 the amount received from such State for disposal at such

5 landfill or incinerator during calendar year 1993.

6 ‘‘(5) Any limitation imposed by a Governor under

7 paragraph (2) or (3)—

8 ‘‘(A) shall be applicable throughout the State;

9 ‘‘(B) shall not directly or indirectly discriminate

10 against any particular landfill or incinerator within

11 the State; and

12 ‘‘(C) shall not directly or indirectly discriminate

13 against any shipments of out-of-State municipal solid

14 waste on the basis of place of origin and all such lim15 itations shall be applied to all States in violation of

16 paragraph (3).

17 ‘‘(6) ANNUAL STATE REPORT.—

18 ‘‘(A) IN GENERAL.—Within 90 days after enact19 ment of this section and on April 1 of each year

20 thereafter the owner or operator of each landfill or in21 cinerator receiving out-of-State municipal solid waste

22 shall submit to the affected local government and to

23 the Governor of the State in which the landfill or in24 cinerator is located, information specifying the

25 amount and State of origin of out-of-State municipal
38

•S 534 RS

1 solid waste received for disposal during the preceding

2 calendar year. Within 120 days after enactment of

3 this section and on July 1 of each year thereafter each

4 State shall publish and make available to the Admin5 istrator, the Governor of the State of origin and the

6 public, a report containing information on the

7 amount of out-of-State municipal solid waste received

8 for disposal in the State during the preceding cal9 endar year.

10 ‘‘(B) CONTENTS.—Each submission referred to

11 in this section shall be such as would result in crimi12 nal penalties in case of false or misleading informa13 tion. Such information shall include the amount of

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

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

16 out-of-State municipal solid waste.

17 ‘‘(C) LIST.—The Administrator shall publish a

18 list of States that the Administrator has determined

19 have exported out-of-State in any of the following cal20 endar years an amount of municipal solid waste in

21 excess of—

22 ‘‘(i) 3,500,000 tons in 1996;

23 ‘‘(ii) 3,000,000 tons in 1997;

24 ‘‘(iii) 3,000,000 tons in 1998;

25 ‘‘(iv) 2,500,000 tons in 1999;
39

•S 534 RS

1 ‘‘(v) 2,500,000 tons in 2000;

2 ‘‘(vi) 1,500,000 tons in 2001;

3 ‘‘(vii) 1,500,000 tons in 2002;

4 ‘‘(viii) 1,000,000 tons in 2003; and

5 ‘‘(ix) 1,000,000 tons in each calendar year

6 after 2003.

7 The list for any calendar year shall be published by

8 June 1 of the following calendar year.

9 ‘‘(D) SAVINGS PROVISION.—Nothing in this sub10 section shall be construed to preempt any State re11 quirement that requires more frequent reporting of in12 formation.

13 ‘‘(7) Any affected local government that intends to sub14 mit a request under paragraph (1) or take formal action

15 to enter into a host community agreement after the date

16 of enactment of this subsection shall, prior to taking such

17 action—

18 ‘‘(A) notify the Governor, contiguous local gov19 ernments, and any contiguous Indian tribes;

20 ‘‘(B) publish notice of the action in a newspaper

21 of general circulation at least 30 days before taking

22 such action;

23 ‘‘(C) provide an opportunity for public comment;

24 and
40

•S 534 RS

1 ‘‘(D) following notice and comment, take formal

2 action on any proposed request or action at a public

3 meeting.

4 ‘‘(8) Any owner or operator seeking a host community

5 agreement after the date of enactment of this subsection

6 shall provide to the affected local government the following

7 information, which shall be made available to the public

8 from the affected local government:

9 ‘‘(A) A brief description of the planned facility,

10 including a description of the facility size, ultimate

11 waste capacity, and anticipated monthly and yearly

12 waste quantities to be handled.

13 ‘‘(B) A map of the facility site that indicates the

14 location of the facility in relation to the local road

15 system and topographical and hydrological features

16 and any buffer zones and facility units to be acquired

17 by the owner or operator of the facility.

18 ‘‘(C) A description of the existing environmental

19 conditions at the site, and any violations of applica20 ble laws or regulations.

21 ‘‘(D) A description of environmental controls to

22 be utilized at the facility.

23 ‘‘(E) A description of the site access controls to

24 be employed, and roadway improvements to be made,

25 by the owner or operator, and an estimate
41

•S 534 RS

1 of the timing and extent of increased local truck

2 traffic.

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

4 local permits.

5 ‘‘(G) Any information that is required by State

6 or Federal law to be provided with respect to any vio7 lations of environmental laws (including regulations)

8 by the owner and operator, the disposition of enforce9 ment proceedings taken with respect to the violations,

10 and corrective measures taken as a result of the

11 proceedings.

12 ‘‘(H) Any information that is required by State

13 or Federal law to be provided with respect to compli14 ance by the owner or operator with the State solid

15 waste management plan.

16 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT OUT17 OF-STATE MUNICIPAL SOLID WASTE.—(1) The authority to

18 prohibit the disposal of out-of-State municipal solid waste

19 provided under subsection (a)(1) shall not apply to landfills

20 and incinerators in operation on the date of enactment of

21 this section that—

22 ‘‘(A) received during calendar year 1993 docu23 mented shipments of out-of-State municipal solid

24 waste; and
42

•S 534 RS

1 ‘‘(B)(i) in the case of landfills, are in compliance

2 with all applicable Federal and State laws and regu3 lations relating to operation, design and location

4 standards, leachate collection, ground water monitor5 ing, and financial assurance for closure and post-clo6 sure and corrective action; or

7 ‘‘(ii) in the case of incinerators, are in compli8 ance with the applicable requirements of section 129

9 of the Clean Air Act (42 U.S.C. 7429) and applicable

10 State laws and regulations relating to facility design

11 and operations.

12 ‘‘(2) A Governor may not prohibit the disposal of out13 of-State municipal solid waste pursuant to subsection

14 (a)(1) at facilities described in this subsection that are not

15 in compliance with applicable Federal and State laws and

16 regulations unless disposal of municipal solid waste gen17 erated within the State at such facilities is also prohibited.

18 ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF19 STATE MUNICIPAL SOLID WASTE.—(1) In any case in

20 which an affected local government is considering entering

21 into, or has entered into, a host community agreement and

22 the disposal or incineration of out-of-State municipal solid

23 waste under such agreement would preclude the use of mu24 nicipal solid waste management capacity described in

25 paragraph (2), the Governor of the State in which the af-
43

•S 534 RS

1 fected local government is located may prohibit the execu2 tion of such host community agreement with respect to that

3 capacity.

4 ‘‘(2) The municipal solid waste management capacity

5 referred to in paragraph (1) is that capacity—

6 ‘‘(A) that is permitted under Federal or State

7 law;

8 ‘‘(B) that is identified under the State plan; and

9 ‘‘(C) for which a legally binding commitment be10 tween the owner or operator and another party has

11 been made for its use for disposal or incineration of

12 municipal solid waste generated within the region

13 (identified under section 4006(a)) in which the local

14 government is located.

15 ‘‘(d) COST RECOVERY SURCHARGE.—

16 ‘‘(1) AUTHORITY.—A State described in para17 graph (2) may adopt a law and impose and collect

18 a cost recovery charge on the processing or disposal

19 of out-of-State municipal solid waste in the State in

20 accordance with this subsection.

21 ‘‘(2) APPLICABILITY.—The authority to impose a

22 cost recovery surcharge under this subsection applies

23 to any State that on or before April 3, 1994, imposed

24 and collected a special fee on the processing or dis-
44

•S 534 RS

1 posal of out-of-State municipal solid waste pursuant

2 to a State law.

3 ‘‘(3) LIMITATION.—No such State may impose or

4 collect a cost recovery surcharge from a facility on

5 any out-of-State municipal solid waste that is being

6 received at the facility under 1 or more contracts en7 tered into after April 3, 1994, and before the date of

8 enactment of this section.

9 ‘‘(4) AMOUNT OF SURCHARGE.—The amount of

10 the cost recovery surcharge may be no greater than

11 the amount necessary to recover those costs deter12 mined in conformance with paragraph (6) and in no

13 event may exceed $1.00 per ton of waste.

14 ‘‘(5) USE OF SURCHARGE COLLECTED.—All cost

15 recovery surcharges collected by a State covered by

16 this subsection shall be used to fund those solid waste

17 management programs administered by the State or

18 its political subdivision that incur costs for which the

19 surcharge is collected.

20 ‘‘(6) CONDITIONS.—(A) Subject to subparagraphs

21 (B) and (C), a State covered by this subsection may

22 impose and collect a cost recovery surcharge on the

23 processing or disposal within the State of out-of-State

24 municipal solid waste if—
45

•S 534 RS

1 ‘‘(i) the State demonstrates a cost to the

2 State arising from the processing or disposal

3 within the State of a volume of municipal solid

4 waste from a source outside the State;

5 ‘‘(ii) the surcharge is based on those costs to

6 the State demonstrated under clause (i) that, if

7 not paid for through the surcharge, would other8 wise have to be paid or subsidized by the State;

9 and

10 ‘‘(iii) the surcharge is compensatory and is

11 not discriminatory.

12 ‘‘(B) In no event shall a cost recovery surcharge

13 be imposed by a State to the extent that the cost for

14 which recovery is sought is otherwise paid, recovered,

15 or offset by any other fee or tax assessed against or

16 voluntarily paid to the State or its political subdivi17 sion in connection with the generation, transpor18 tation, treatment, processing, or disposal of solid

19 waste.

20 ‘‘(C) The grant of a subsidy by a State with re21 spect to entities disposing of waste generated within

22 the State does not constitute discrimination for pur23 poses of subparagraph (A)(iii).

24 ‘‘(7) DEFINITIONS.—As used in this subsection:
46

•S 534 RS

1 ‘‘(A) The term ‘costs’ means the costs in2 curred by the State for the implementation of its

3 laws governing the processing or disposal of mu4 nicipal solid waste, limited to the issuance of

5 new permits and renewal of or modification of

6 permits, inspection and compliance monitoring,

7 enforcement, and costs associated with technical

8 assistance, data management, and collection of

9 fees.

10 ‘‘(B) The term ‘processing’ means any ac11 tivity to reduce the volume of solid waste or alter

12 its chemical, biological or physical state, through

13 processes such as thermal treatment, bailing,

14 composting, crushing, shredding, separation, or

15 compaction.

16 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall

17 be interpreted or construed—

18 ‘‘(1) to have any effect on State law relating to

19 contracts; or

20 ‘‘(2) to affect the authority of any State or local

21 government to protect public health and the environ22 ment through laws, regulations, and permits, includ23 ing the authority to limit the total amount of munici24 pal solid waste that landfill or incinerator owners or

25 operators within the jurisdiction of a State may ac-
47

•S 534 RS

1 cept during a prescribed period, provided that such

2 limitations do not discriminate between in-State and

3 out-of-State municipal solid waste, except to the ex4 tent authorized by this section.

5 ‘‘(f) DEFINITIONS.—As used in this section:

6 ‘‘(1)(A) The term ‘affected local government’,

7 used with respect to a landfill or incinerator,

8 means—

9 ‘‘(i) the public body created by State law

10 with responsibility to plan for municipal solid

11 waste management, a majority of the members of

12 which are elected officials, for the area in which

13 the facility is located or proposed to be located;

14 or

15 ‘‘(ii) the elected officials of the city, town,

16 township, borough, county, or parish exercising

17 primary responsibility over municipal solid

18 waste management or the use of land in the ju19 risdiction in which the facility is located or is

20 proposed to be located.

21 ‘‘(B)(i) Within 90 days after the date of enact22 ment of this section, a Governor may designate and

23 publish notice of which entity listed in clause (i) or

24 (ii) of subparagraph (A) shall serve as the affected
48

•S 534 RS

1 local government for actions taken under this section

2 and after publication of such notice.

3 ‘‘(ii) If a Governor fails to make and publish no4 tice of such a designation, the affected local govern5 ment shall be the elected officials of the city, town,

6 township, borough, county, parish, or other public

7 body created pursuant to State law with primary ju8 risdiction over the land or the use of land on which

9 the facility is located or is proposed to be located.

10 ‘‘(C) For purposes of host community agreements

11 entered into before the date of publication of the no12 tice, the term means either a public body described in

13 subparagraph (A)(i) or the elected officials of any of

14 the public bodies described in subparagraph (A)(ii).

15 ‘‘(2) HOST COMMUNITY AGREEMENT.—The term

16 ‘host community agreement’ means a written, legally

17 binding document or documents executed by duly au18 thorized officials of the affected local government that

19 specifically authorizes a landfill or incinerator to re20 ceive municipal solid waste generated out of State,

21 but does not include any agreement to pay host com22 munity fees for receipt of waste unless additional ex23 press authorization to receive out-of-State waste is

24 also included.
49

•S 534 RS

1 ‘‘(3) The term ‘out-of-State municipal solid

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

3 solid waste generated outside of the State. To the ex4 tent that the President determines it is consistent

5 with the North American Free Trade Agreement and

6 the General Agreement on Tariffs and Trade, the term

7 shall include municipal solid waste generated outside

8 of the United States.

9 ‘‘(4) The term ‘municipal solid waste’ means

10 refuse (and refuse-derived fuel) generated by the gen11 eral public or from a residential, commercial, institu12 tional, or industrial source (or any combination

13 thereof), consisting of paper, wood, yard wastes, plas14 tics, leather, rubber, or other combustible or

15 noncombustible materials such as metal or glass (or

16 any combination thereof). The term ‘municipal solid

17 waste’ does not include—

18 ‘‘(A) any solid waste identified or listed as

19 a hazardous waste under section 3001;

20 ‘‘(B) any solid waste, including contami21 nated soil and debris, resulting from a response

22 action taken under section 104 or 106 of the

23 Comprehensive Environmental Response, Com24 pensation, and Liability Act of 1980 (42 U.S.C.
50

•S 534 RS

1 9604 or 9606) or a corrective action taken under

2 this Act;

3 ‘‘(C) any metal, pipe, glass, plastic, paper,

4 textile, or other material that has been separated

5 or diverted from municipal solid waste (as other6 wise defined in this paragraph) and has been

7 transported into a State for the purpose of recy8 cling or reclamation;

9 ‘‘(D) any solid waste that is—

10 ‘‘(i) generated by an industrial facil11 ity; and

12 ‘‘(ii) transported for the purpose of

13 treatment, storage, or disposal to a facility

14 that is owned or operated by the generator

15 of the waste, or is located on property

16 owned by the generator of the waste, or is

17 located on property owned by a company

18 with which the generator is affiliated;

19 ‘‘(E) any solid waste generated incident to

20 the provision of service in interstate, intrastate,

21 foreign, or overseas air transportation;

22 ‘‘(F) any industrial waste that is not iden23 tical to municipal solid waste (as otherwise de24 fined in this paragraph) with respect to the

25 physical and chemical state of the industrial
51

•S 534 RS

1 waste, and composition, including construction

2 and demolition debris;

3 ‘‘(G) any medical waste that is segregated

4 from or not mixed with municipal solid waste

5 (as otherwise defined in this paragraph); or

6 ‘‘(H) any material or product returned

7 from a dispenser or distributor to the manufac8 turer for credit, evaluation, or possible reuse.

9 ‘‘(5) The term ‘compliance’ means a pattern or

10 practice of adhering to and satisfying standards and

11 requirements promulgated by the Federal or a State

12 government for the purpose of preventing significant

13 harm to human health and the environment. Actions

14 undertaken in accordance with compliance schedules

15 for remediation established by Federal or State en16 forcement authorities shall be considered compliance

17 for purposes of this section.

18 ‘‘(6) The terms ‘specifically authorized’ and ‘spe19 cifically authorizes’ refer to an explicit authorization,

20 contained in a host community agreement or permit,

21 to import waste from outside the State. Such author22 ization may include a reference to a fixed radius sur23 rounding the landfill or incinerator that includes an

24 area outside the State or a reference to any place of

25 origin, reference to specific places outside the State, or
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1 use of such phrases as ‘regardless of origin’ or ‘outside

2 the State’. The language for such authorization may

3 vary as long as it clearly and affirmatively states the

4 approval or consent of the affected local government

5 or State for receipt of municipal solid waste from

6 sources outside the State.’’.

7 (b) TABLE OF CONTENTS AMENDMENT.—The table of

8 contents in section 1001 of the Solid Waste Disposal Act

9 (42 U.S.C. prec. 6901) is amended by adding at the end

10 of the items relating to subtitle D the following new item:

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

11 TITLE II—FLOW CONTROL

12 SEC. 201. SHORT TITLE.

13 This title may be cited as the ‘‘Municipal Solid Waste

14 Flow Control Act of 1995’’.

15 SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF

16 MOVEMENT OF MUNICIPAL SOLID WASTE AND

17 RECYCLABLE MATERIAL.

18 Subtitle D of the Solid Waste Disposal Act (42 U.S.C.

19 6941 et seq.), as amended by section 101, is amended by

20 adding after section 4011 the following new section:

21 ‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT CONTROL OF

22 MOVEMENT OF MUNICIPAL SOLID WASTE AND

23 RECYCLABLE MATERIAL.

24 ‘‘(a) DEFINITIONS.—In this section:
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1 ‘‘(1) DESIGNATE; DESIGNATION.—The terms ‘des2 ignate’ and ‘designation’ refer to an authorization by

3 a State or political subdivision, and the act of a State

4 or political subdivision in requiring or contractually

5 committing, that all or any portion of the municipal

6 solid waste or recyclable material that is generated

7 within the boundaries of the State or political sub8 division be delivered to waste management facilities

9 or facilities for recyclable material or a public service

10 authority identified by the State or political subdivi11 sion.

12 ‘‘(2) FLOW CONTROL AUTHORITY.—The term

13 ‘flow control authority’ means the authority to control

14 the movement of municipal solid waste or voluntarily

15 relinquished recyclable material and direct such solid

16 waste or voluntarily relinquished recyclable material

17 to a designated waste management facility or facility

18 for recyclable material.

19 ‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu20 nicipal solid waste’ means—

21 ‘‘(A) solid waste generated by the general

22 public or from a residential, commercial, institu23 tional, or industrial source, consisting of paper,

24 wood, yard waste, plastics, leather, rubber, and

25 other combustible material and noncombustible
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1 material such as metal and glass, including resi2 due remaining after recyclable material has been

3 separated from waste destined for disposal, and

4 including waste material removed from a septic

5 tank, septage pit, or cesspool (other than from

6 portable toilets); but

7 ‘‘(B) does not include—

8 ‘‘(i) waste identified or listed as a haz9 ardous waste under section 3001 of this Act

10 or waste regulated under the Toxic Sub11 stances Control Act (15 U.S.C. 2601 et seq.);

12 ‘‘(ii) waste, including contaminated

13 soil and debris, resulting from a response

14 action taken under section 104 or 106 of the

15 Comprehensive Environmental Response,

16 Compensation, and Liability Act of 1980

17 (42 U.S.C. 9604, 9606) or any corrective

18 action taken under this Act;

19 ‘‘(iii) medical waste listed in section

20 11002;

21 ‘‘(iv) industrial waste generated by

22 manufacturing or industrial processes, in23 cluding waste generated during scrap proc24 essing and scrap recycling;

25 ‘‘(v) recyclable material; or
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1 ‘‘(vi) sludge.

2 ‘‘(4) PUBLIC SERVICE AUTHORITY.—The term

3 ‘public service authority’ means—

4 ‘‘(A) an authority or authorities created

5 pursuant to State legislation to provide individ6 ually or in combination solid waste management

7 services to political subdivisions; or

8 ‘‘(B) an authority that was issued a certifi9 cate of incorporation by a State corporation

10 commission established by a State constitution.

11 ‘‘(5) RECYCLABLE MATERIAL.—The term ‘recy12 clable material’ means material that has been sepa13 rated from waste otherwise destined for disposal (at

14 the source of the waste or at a processing facility) or

15 has been managed separately from waste destined for

16 disposal, for the purpose of recycling, reclamation,

17 composting of organic material such as food and yard

18 waste, or reuse (other than for the purpose of inciner19 ation).

20 ‘‘(6) WASTE MANAGEMENT FACILITY.—The term

21 ‘waste management facility’ means a facility that col22 lects, separates, stores, transports, transfers, treats,

23 processes, combusts, or disposes of municipal solid

24 waste.

25 ‘‘(b) AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—Each State and each politi2 cal subdivision of a State may exercise flow control

3 authority for municipal solid waste and for recyclable

4 material voluntarily relinquished by the owner or

5 generator of the material that is generated within its

6 jurisdiction by directing the municipal solid waste or

7 recyclable material to a waste management facility or

8 facility for recyclable material, if such flow control

9 authority—

10 ‘‘(A) is imposed pursuant to a law, ordi11 nance, regulation, or other legally binding provi12 sion of the State or political subdivision in effect

13 on May 15, 1994; and

14 ‘‘(B) has been implemented by designating

15 before May 15, 1994, the particular waste man16 agement facilities or public service authority to

17 which the municipal solid waste or recyclable

18 material is to be delivered, the substantial con19 struction of which facilities was performed after

20 the effective date of that law, ordinance, regula21 tion, or other legally binding provision and

22 which facilities were in operation as of May 15,

23 1994.

24 ‘‘(2) LIMITATION.—The authority of this section

25 extends only to the specific classes or categories of mu-
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1 nicipal solid waste to which flow control authority re2 quiring a movement to a waste management facility

3 was actually applied on or before May 15, 1994 (or,

4 in the case of a State or political subdivision that

5 qualifies under subsection (c), to the specific classes or

6 categories of municipal solid waste for which the

7 State or political subdivision prior to May 15, 1994,

8 had committed to the designation of a waste manage9 ment facility).

10 ‘‘(3) LACK OF CLEAR IDENTIFICATION.—With re11 gard to facilities granted flow control authority under

12 subsection (c), if the specific classes or categories of

13 municipal solid waste are not clearly identified, the

14 authority of this section shall apply only to munici15 pal solid waste generated by households.

16 ‘‘(4) DURATION OF AUTHORITY.—With respect to

17 each designated waste management facility, the au18 thority of this section shall be effective until the later

19 of—

20 ‘‘(A) the end of the remaining life of a con21 tract between the State or political subdivision

22 and any other person regarding the movement or

23 delivery of municipal solid waste or voluntarily

24 relinquished recyclable material to a designated

25 facility (as in effect May 15, 1994);
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1 ‘‘(B) completion of the schedule for payment

2 of the capital costs of the facility concerned (as

3 in effect May 15, 1994); or

4 ‘‘(C) the end of the remaining useful life of

5 the original facility, as that remaining life may

6 be extended by—

7 ‘‘(i) retrofitting of equipment or the

8 making of other significant modifications to

9 meet applicable environmental requirements

10 or safety requirements;

11 ‘‘(ii) routine repair or scheduled re12 placement of equipment or components that

13 does not add to the capacity of a waste

14 management facility; or

15 ‘‘(iii) expansion of the facility on land

16 that is—

17 ‘‘(I) legally or equitably owned, or

18 under option to purchase or lease, by

19 the owner or operator of the facility;

20 and

21 ‘‘(II) covered by the permit for the

22 facility (as in effect May 15, 1994).

23 ‘‘(5) ADDITIONAL AUTHORITY.—Notwithstanding

24 anything to the contrary in this section, but subject

25 to subsection (j), a State or political subdivision of a
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1 State that, on or before January 1, 1984, adopted reg2 ulations under State law that required or directed the

3 transportation, management, or disposal of solid

4 waste from residential, commercial, institutional, or

5 industrial sources (as defined under State law) to

6 specifically identified waste management facilities

7 and applied those regulations to every political sub8 division of the State may—

9 ‘‘(A) designate any waste management fa10 cility in the State that—

11 ‘‘(i) was designated prior to May 15,

12 1994, and meets the requirements of sub13 section (c); or

14 ‘‘(ii) meets the requirements of para15 graph (1); and

16 ‘‘(B) continue to exercise flow control au17 thority for the remaining useful life of that facil18 ity over all classes and categories of solid waste

19 that were subject to flow control on May 15,

20 1994.

21 ‘‘(c) COMMITMENT TO CONSTRUCTION.—

22 ‘‘(1) IN GENERAL.—Notwithstanding subsection

23 (b)(1) (A) and (B), any political subdivision of a

24 State may exercise flow control authority under sub25 section (b), if—
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1 ‘‘(A) the law, ordinance, regulation, or other

2 legally binding provision specifically provides for

3 flow control authority for municipal solid waste

4 generated within its boundaries and was in effect

5 prior to May 15, 1994; and

6 ‘‘(B) prior to May 15, 1994, the political

7 subdivision committed to the designation of a

8 waste management facility to which municipal

9 solid waste is to be transported or at which mu10 nicipal solid waste is to be disposed of under

11 that law, ordinance, regulation, plan, or legally

12 binding provision.

13 ‘‘(2) FACTORS DEMONSTRATING COMMITMENT.—

14 A commitment to the designation of a waste manage15 ment facility is demonstrated by 1 or more of the fol16 lowing factors:

17 ‘‘(A) CONSTRUCTION PERMITS.—All permits

18 required for the substantial construction of the

19 facility were obtained prior to May 15, 1994.

20 ‘‘(B) CONTRACTS.—All contracts for the

21 substantial construction of the facility were in

22 effect prior to May 15, 1994.

23 ‘‘(C) REVENUE BONDS.—Prior to May 15,

24 1994, revenue bonds were presented for sale to
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1 specifically provide revenue for the construction

2 of the facility.

3 ‘‘(D) CONSTRUCTION AND OPERATING PER4 MITS.—The State or political subdivision sub5 mitted to the appropriate regulatory agency or

6 agencies, on or before May 15, 1994, substan7 tially complete permit applications for the con8 struction and operation of the facility.

9 ‘‘(d) CONSTRUCTED AND OPERATED.—

10 ‘‘(1) IN GENERAL.—A political subdivision of a

11 State may exercise flow control authority for munici12 pal solid waste and for recyclable material volun13 tarily relinquished by the owner or generator of the

14 material that is generated within its jurisdiction if—

15 ‘‘(A) prior to May 15, 1994, the political

16 subdivision—

17 ‘‘(i) contracted with a public service

18 authority or with its operator to deliver or

19 cause to be delivered to the public service

20 authority substantially all of the disposable

21 municipal solid waste that is generated or

22 collected by or is within or under the con23 trol of the political subdivision, in order to

24 support revenue bonds issued by and in the
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1 name of the public service authority for

2 waste management facilities; or

3 ‘‘(ii) entered into contracts with a pub4 lic service authority to deliver or cause to be

5 delivered to the public service authority sub6 stantially all of the disposable municipal

7 solid waste that is generated or collected by

8 or within the control of the political sub9 division, which imposed flow control pursu10 ant to a law, ordinance, regulation, or other

11 legally binding provision and where out12 standing revenue bonds were issued in the

13 name of public service authorities for waste

14 management facilities; and

15 ‘‘(B) prior to May 15, 1994, the public serv16 ice authority—

17 ‘‘(i) issued the revenue bonds for the

18 construction of municipal solid waste facili19 ties to which the political subdivision’s mu20 nicipal solid waste is transferred or dis21 posed; and

22 ‘‘(ii) commenced operation of the fa23 cilities.

24 ‘‘(2) DURATION OF AUTHORITY.—Authority

25 under this subsection may be exercised by a political
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1 subdivision qualifying under paragraph (1)(A)(ii)

2 only until the expiration of the contract or the life of

3 the bond, whichever is earlier.

4 ‘‘(e) STATE-MANDATED DISPOSAL SERVICES.—A po5 litical subdivision of a State may exercise flow control au6 thority for municipal solid waste and for recyclable mate7 rial voluntarily relinquished by the owner or generator of

8 the material that is generated within its jurisdiction if,

9 prior to May 15, 1994, the political subdivision—

10 ‘‘(1) was mandated by State law to provide for

11 the operation of solid waste facilities to serve the dis12 posal needs of all incorporated and unincorporated

13 areas of the county;

14 ‘‘(2) is currently required to initiate a recyclable

15 materials recycling program in order to meet a mu16 nicipal solid waste reduction goal of at least 30 per17 cent;

18 ‘‘(3) has been authorized by State statute to exer19 cise flow control authority and had implemented the

20 authority through a law, ordinance, regulation, con21 tract, or other legally binding provision; and

22 ‘‘(4) had incurred significant financial expendi23 tures to comply with the mandates under State law

24 and to repay outstanding revenue bonds that were is25 sued for the construction of solid waste management
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1 facilities to which the political subdivision’s waste

2 was designated.

3 ‘‘(f) RETAINED AUTHORITY.—

4 ‘‘(1) REQUEST.—On the request of a generator of

5 municipal solid waste affected by this section, a State

6 or political subdivision may authorize the diversion

7 of all or a portion of the solid waste generated by the

8 generator making the request to an alternative solid

9 waste treatment or disposal facility, if the purpose of

10 the request is to provide a higher level of protection

11 for human health and the environment or reduce po12 tential future liability of the generator under Federal

13 or State law for the management of such waste, unless

14 the State or political subdivision determines that the

15 facility to which the municipal solid waste is pro16 posed to be diverted does not provide a higher level of

17 protection for human health and the environment or

18 does not reduce the potential future liability of the

19 generator under Federal or State law for the manage20 ment of such waste.

21 ‘‘(2) CONTENTS.—A request under paragraph (1)

22 shall include information on the environmental suit23 ability of the proposed alternative treatment or dis24 posal facility and method, compared to that of the

25 designated facility and method.
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1 ‘‘(g) LIMITATIONS ON REVENUE.—A State or political

2 subdivision may exercise flow control authority under sub3 section (b), (c), or (d) only if the State or political subdivi4 sion certifies that the use of any of its revenues derived from

5 the exercise of that authority will be used for solid waste

6 management services.

7 ‘‘(h) REASONABLE REGULATION OF COMMERCE.—A

8 law, ordinance, regulation, or other legally binding provi9 sion or official act of a State or political subdivision, as

10 described in subsection (b), (c), or (d), that implements flow

11 control authority in compliance with this section shall be

12 considered to be a reasonable regulation of commerce retro13 active to its date of enactment or effective date and shall

14 not be considered to be an undue burden on or otherwise

15 considered as impairing, restraining, or discriminating

16 against interstate commerce.

17 ‘‘(i) EFFECT ON EXISTING LAWS AND CONTRACTS.—

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

19 section shall be construed to have any effect on any

20 other law relating to the protection of human health

21 and the environment or the management of municipal

22 solid waste or recyclable material.

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

24 be construed to authorize a political subdivision of a

25 State to exercise the flow control authority granted by
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1 this section in a manner that is inconsistent with

2 State law.

3 ‘‘(3) OWNERSHIP OF RECYCLABLE MATERIAL.—

4 Nothing in this section—

5 ‘‘(A) authorizes a State or political subdivi6 sion of a State to require a generator or owner

7 of recyclable material to transfer recyclable ma8 terial to the State or political subdivision; or

9 ‘‘(B) prohibits a generator or owner of recy10 clable material from selling, purchasing, accept11 ing, conveying, or transporting recyclable mate12 rial for the purpose of transformation or re13 manufacture into usable or marketable material,

14 unless the generator or owner voluntarily made

15 the recyclable material available to the State or

16 political subdivision and relinquished any right

17 to, or ownership of, the recyclable material.

18 ‘‘(j) REPEAL.—(1) Notwithstanding any provision of

19 this title, authority to flow control by directing municipal

20 solid waste or recyclable materials to a waste management

21 facility shall terminate on the date that is 30 years after

22 the date of enactment of this Act.

23 ‘‘(2) This section and the item relating to this section

24 in the table of contents for subtitle D of the Solid Waste
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1 Disposal Act are repealed effective as of the date that is

2 30 years after the date of enactment of this Act.’’.

3 SEC. 203. TABLE OF CONTENTS AMENDMENT.

4 The table of contents for subtitle D in section 1001 of

5 the Solid Waste Disposal Act (42 U.S.C. prec. 6901), as

6 amended by section 101(b), is amended by adding after the

7 item relating to section 4011 the following new item:

‘‘Sec. 4012. State and local government control of movement of municipal solid

waste and recyclable material.’’.

8 TITLE III—GROUND WATER MONITORING

9 SEC. 301. GROUND WATER MONITORING.

10 (a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—

11 Section 4010(c) of the Solid Waste Disposal Act (42 U.S.C.

12 6949a(c)) is amended—

13 (1) by striking ‘‘CRITERIA.—Not later’’ and in14 serting the following: ‘‘CRITERIA.—

15 ‘‘(1) IN GENERAL.—Not later’’; and

16 (2) by adding at the end the following new para17 graph:

18 ‘‘(2) ADDITIONAL REVISIONS.—Subject to para19 graph (2), the requirements of the criteria described

20 in paragraph (1) relating to ground water monitor21 ing shall not apply to an owner or operator of a new

22 municipal solid waste landfill unit, an existing mu23 nicipal solid waste landfill unit, or a lateral expan24 sion of a municipal solid waste landfill unit, that dis-
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1 poses of less than 20 tons of municipal solid waste

2 daily, based on an annual average, if—

3 ‘‘(A) there is no evidence of ground water

4 contamination from the municipal solid waste

5 landfill unit or expansion; and

6 ‘‘(B) the municipal solid waste landfill unit

7 or expansion serves—

8 ‘‘(i) a community that experiences an

9 annual interruption of at least 3 consecu10 tive months of surface transportation that

11 prevents access to a regional waste manage12 ment facility; or

13 ‘‘(ii) a community that has no prac14 ticable waste management alternative and

15 the landfill unit is located in an area that

16 annually receives less than or equal to 25

17 inches of precipitation.

18 ‘‘(3) PROTECTION OF GROUND WATER RE19 SOURCES.—

20 ‘‘(A) MONITORING REQUIREMENT.—A State

21 may require ground water monitoring of a solid

22 waste landfill unit that would otherwise be ex23 empt under paragraph (2) if necessary to protect

24 ground water resources and ensure compliance
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1 with a State ground water protection plan,

2 where applicable.

3 ‘‘(B) METHODS.—If a State requires

4 ground water monitoring of a solid waste land5 fill unit under subparagraph (A), the State may

6 allow the use of a method other than the use of

7 ground water monitoring wells to detect a release

8 of contamination from the unit.

9 ‘‘(C) CORRECTIVE ACTION.—If a State finds

10 a release from a solid waste landfill unit, the

11 State shall require corrective action as appro12 priate.

13 ‘‘(4) REMOTE ALASKA NATIVE VILLAGES.—Upon

14 certification by the Governor of the State of Alaska

15 that application of the requirements of the criteria de16 scribed in paragraph (1) to a solid waste landfill unit

17 of a Native village (as defined in section 3 of the

18 Alaska Native Claims Settlement Act (16 U.S.C.

19 1602)) would be infeasible, would not be cost-effective,

20 or is otherwise inappropriate because of the remote lo21 cation of the unit, the unit shall be exempt from those

22 requirements.’’.

23 (b) REINSTATEMENT OF REGULATORY EXEMPTION.—

24 It is the intent of section 4010(c)(2) of the Solid Waste Dis25 posal Act, as added by subsection (a), to immediately rein-
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1 state subpart E of part 258 of title 40, Code of Federal

2 Regulations, as added by the final rule published at 56 Fed3 eral Register 50798 on October 9, 1991.

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