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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 534 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 534

 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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Transportation of 
Municipal Solid Waste Act of 1995''.

                       TITLE I--INTERSTATE WASTE

SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

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

          ``interstate transportation of municipal solid waste

    ``Sec. 4011. (a) Authority To Restrict Out-of-State Municipal Solid 
Waste.--(1) Except as provided in paragraph (4), immediately upon the 
date of enactment of this section if requested in writing by an 
affected local government, a Governor may prohibit the disposal of out-
of-State municipal solid waste in any landfill or incinerator that is 
not covered by the exceptions provided in subsection (b) and that is 
subject to the jurisdiction of the Governor and the affected local 
government.
    ``(2) Except as provided in paragraph (4), immediately upon the 
date of publication of the list required in paragraph (6)(D) and 
notwithstanding the absence of a request in writing by the affected 
local government, a Governor, in accordance with paragraph (5), may 
limit the quantity of out-of-State municipal solid waste received for 
disposal at each landfill or incinerator covered by the exceptions 
provided in subsection (b) that is subject to the jurisdiction of the 
Governor, to an annual amount equal to or greater than the quantity of 
out-of-State municipal solid waste received for disposal at such 
landfill or incinerator during calendar year 1993.
    ``(3)(A) Except as provided in paragraph (4), under the conditions 
stated in subparagraph (B), immediately upon the date of publication of 
the list required in paragraph (6)(E), and notwithstanding the absence 
of a request in writing by the affected local government, a Governor, 
in accordance with paragraph (5), may prohibit or limit the amount of 
out-of-State municipal solid waste disposed of at any landfill or 
incinerator covered by the exceptions in subsection (b) that is subject 
to the jurisdiction of the Governor, generated in any State that is 
determined by the Administrator under paragraph (6)(E) as having 
exported, to landfills or incinerators not covered by host community 
agreements, more than--
            ``(i) 3.5 million tons of municipal solid waste in calendar 
        year 1996;
            ``(ii) 3.0 million tons of municipal solid waste in each of 
        calendar years 1997 and 1998;
            ``(iii) 2.5 million tons of municipal solid waste in each 
        of calendar years 1999 and 2000;
            ``(iv) 1.5 million tons of municipal solid waste in each of 
        calendar years 2001 and 2002; and
            ``(v) 1.0 million tons of municipal solid waste in calendar 
        year 2003 and each year thereafter.
    ``(B) The conditions stated in this subparagraph are that--
            ``(i) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator 12 months 
        prior to enforcement of the importing State's intention to 
        impose the requirements of this section;
            ``(ii) the Governor of the importing State has notified the 
        Governor of the exporting State and the Administrator of the 
        violation by the exporting State of this section at least 90 
        days prior to the enforcement of this section; and
            ``(iii) the restrictions imposed by the Governor of the 
        importing State are uniform at all facilities.
    ``(C) The authority provided by subparagraphs (A) and (B) shall 
apply for as long as a State exceeds the permissible levels as 
determined by the Administrator under paragraph (6)(E).
    ``(4)(A) A Governor may not exercise the authority granted under 
this section if such action would result in the violation of, or would 
otherwise be inconsistent with, the terms of a host community agreement 
or a permit issued from the State to receive out-of-State municipal 
solid waste.
    ``(B) Except as provided in paragraph (3), a Governor may not 
exercise the authority granted under this section in a manner that 
would require any owner or operator of a landfill or incinerator 
covered by the exceptions provided in subsection (b) to reduce the 
amount of out-of-State municipal solid waste received from any State 
for disposal at such landfill or incinerator to an annual quantity less 
than the amount received from such State for disposal at such landfill 
or incinerator during calendar year 1993.
    ``(5) Any limitation imposed by a Governor under paragraph (2) or 
(3)--
            ``(A) shall be applicable throughout the State;
            ``(B) shall not directly or indirectly discriminate against 
        any particular landfill or incinerator within the State; and
            ``(C) shall not directly or indirectly discriminate against 
        any shipments of out-of-State municipal solid waste on the 
        basis of State of origin and all such limitations shall be 
        applied to all States in violation of paragraph (3).
    ``(6)(A)(i) Any Governor who intends to exercise the authority 
provided in paragraph (2) or (3) shall, within 120 days after the date 
of enactment of this section, and on the same day of each year 
thereafter, submit to the Administrator information documenting the 
State of origin and the quantity of out-of-State municipal solid waste 
received for disposal at landfills and incinerators covered by the 
exceptions provided in subsection (b) in the State of such Governor 
during calendar year 1993.
    ``(ii) The Administrator is authorized and directed to collect such 
additional information in addition to what is submitted under clause 
(i) as may be necessary to determine if the level of exports of 
municipal solid waste by any State exceeds the level established in 
paragraph (3).
    ``(B) On receipt of the information submitted or collected pursuant 
to subparagraph (A), the Administrator shall notify the Governor of 
each such State and the Governors of States with exports that exceed 
the level of exports of municipal solid waste established in paragraph 
(3) and shall publish notice and shall provide a comment period of not 
less than 30 days.
    ``(C) Not later than 60 days after receipt of information from a 
Governor, and any additional information obtained by the Administrator, 
under subparagraph (A), the Administrator shall determine the quantity 
of out-of-State municipal solid waste that was received for disposal in 
the State during calendar year 1993, the State of origin and the total 
amount of municipal solid waste exports from each State that exceeds 
the level established in paragraph (3), and the quantity of out-of-
State municipal solid waste received for disposal at landfills and 
incinerators covered by the exceptions provided in subsection (b) in 
the State of such Governor during calendar year 1993. The Administrator 
shall publish a public notice and shall provide direct notification to 
each of the Governors of all States affected by this determination, for 
each such State for which the determination is made. A determination by 
the Administrator under this subparagraph shall be final and not 
subject to judicial review.
    ``(D) Not later than 180 days after the date of enactment of this 
section, the Administrator shall publish a list of the quantity of out-
of-State municipal solid waste that was received during calendar year 
1993 at each landfill and incinerator covered by the exceptions 
provided in subsection (b) for disposal in each State in which the 
Governor intends to exercise the authority provided in paragraph (2) or 
(3), as determined in accordance with subparagraph (C).
    ``(E) Not later than March 1, 1997, and on March 1 of each year 
thereafter, the Administrator shall publish a list of States that the 
Administrator has determined have exported out of State an amount of 
municipal solid waste in excess of 3.5 million tons in calendar year 
1996, 3.0 million tons in each of calendar years 1997 and 1998, 2.5 
million tons in each of calendar years 1999 and 2000, 1.5 million tons 
in each of calendar years 2000 and 2001, and 1.0 million tons in 
calendar year 2002 and each year thereafter, as determined in 
accordance with subparagraph (C).
    ``(F) Not later than March 1 of each year after the date of 
enactment of this section, or as required by State law, the owner or 
operator of each landfill or incinerator receiving out-of-State 
municipal solid waste shall submit to the Governor of the State in 
which the landfill or incinerator is located information specifying, by 
State of origin, the amount of out-of-State municipal solid waste 
received for disposal during the preceding year. Each year the Governor 
of a State who intends to exercise the authority provided in paragraph 
(2) or (3) shall publish and make available to the public a report 
containing information on the amount of out-of-State municipal solid 
waste received for disposal in the State during the preceding year.
    ``(7) Any affected local government that intends to submit a 
request under paragraph (1) or take formal action on a host community 
agreement shall, prior to taking such action--
            ``(A) notify the Governor, contiguous local governments, 
        and any contiguous Indian tribes;
            ``(B) publish notice of the action in a newspaper of 
        general circulation at least 30 days before taking such action;
            ``(C) provide an opportunity for public comment; and
            ``(D) following notice and comment, take formal action on 
        any proposed request or action at a public meeting.
    ``(8) Any owner or operator seeking a host community agreement 
shall provide to the affected local government the following 
information, which shall be made available to the public from the 
affected local government:
            ``(A) A brief description of the planned facility, 
        including a description of the facility size, ultimate waste 
        capacity, and anticipated monthly and yearly waste quantities 
        to be handled.
            ``(B) A map of the facility site that indicates the 
        location of the facility in relation to the local road system 
        and topographical and hydrological features and any buffer 
        zones and facility units to be acquired by the owner or 
        operator of the facility.
            ``(C) A description of the existing environmental 
        conditions at the site, and any violations of applicable laws 
        or regulations.
            ``(D) A description of environmental controls to be 
        utilized at the facility.
            ``(E) A description of the site access controls to be 
        employed, and roadway improvements to be made, by the owner or 
        operator, and an estimate of the timing and extent of increased 
        local truck traffic.
    ``(b) Exceptions to Authority To Prohibit Out-of-State Municipal 
Solid Waste.--(1) The authority to prohibit the disposal of out-of-
State municipal solid waste provided under subsection (a)(1) shall not 
apply to landfills and incinerators in operation on the date of 
enactment of this section that--
            ``(A) received during calendar year 1993 documented 
        shipments of out-of-State municipal solid waste; and
            ``(B)(i) in the case of landfills, are in compliance with 
        all applicable Federal and State laws and regulations relating 
        to operation, design and location standards, leachate 
        collection, ground water monitoring, and financial assurance 
        for closure and post-closure and corrective action; or
            ``(ii) in the case of incinerators, are in compliance with 
        the applicable requirements of section 129 of the Clean Air Act 
        (42 U.S.C. 7429) and applicable State laws and regulations 
        relating to facility design and operations.
    ``(2) A Governor may not prohibit the disposal of out-of-State 
municipal solid waste pursuant to subsection (a)(1) at facilities 
described in this subsection that are not in compliance with applicable 
Federal and State laws and regulations unless disposal of municipal 
solid waste generated within the State at such facilities is also 
prohibited.
    ``(c) Additional Authority To Limit Out-of-State Municipal Solid 
Waste.--(1) In any case in which an affected local government is 
considering entering into, or has entered into, a host community 
agreement and the disposal or incineration of out-of-State municipal 
solid waste under such agreement would preclude the use of municipal 
solid waste management capacity described in paragraph (2), the 
Governor of the State in which the affected local government is located 
may prohibit the execution of such host community agreement with 
respect to that capacity.
    ``(2) The municipal solid waste management capacity referred to in 
paragraph (1) is that capacity--
            ``(A) that is permitted under Federal or State law;
            ``(B) that is identified under the State plan; and
            ``(C) for which a legally binding commitment between the 
        owner or operator and another party has been made for its use 
        for disposal or incineration of municipal solid waste generated 
        within the region (identified under section 4006(a)) in which 
        the local government is located.
    ``(d) Cost Recovery Surcharge.--
            ``(1) Authority.--A State described in paragraph (2) may 
        adopt a law and impose and collect a cost recovery charge on 
        the processing or disposal of out-of-State municipal solid 
        waste in the State in accordance with this subsection.
            ``(2) Applicability.--The authority to impose a cost 
        recovery surcharge under this subsection applies to any State 
        that on or before April 3, 1994, imposed and collected a 
        special fee on the processing or disposal of out-of-State 
        municipal waste pursuant to a State law.
            ``(3) Limitation.--No such State may impose or collect a 
        cost recovery surcharge from a facility on any out-of-State 
        municipal solid waste that is being received at the facility 
        under 1 or more contracts entered into after April 3, 1994, and 
        before the date of enactment of this section.
            ``(4) Amount of surcharge.--The amount of the cost recovery 
        surcharge may be no greater than the amount necessary to 
        recover those costs determined in conformance with paragraph 
        (6) and in no event may exceed $1.00 per ton of waste.
            ``(5) Use of surcharge collected.--All cost recovery 
        surcharges collected by a State covered by this subsection 
        shall be used to fund those solid waste management programs 
        administered by the State or its political subdivision that 
        incur costs for which the surcharge is collected.
            ``(6) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State covered by this subsection may impose and collect 
        a cost recovery surcharge on the processing or disposal within 
        the State of out-of-State municipal solid waste if--
                    ``(i) the State demonstrates a cost to the State 
                arising from the processing or disposal within the 
                State of a volume of municipal solid waste from a 
                source outside the State;
                    ``(ii) the surcharge is based on those costs to the 
                State demonstrated under subparagraph (A) that, if not 
                paid for through the surcharge, would otherwise have to 
                be paid or subsidized by the State; and
                    ``(iii) the surcharge is compensatory and is not 
                discriminatory.
            ``(B) In no event shall a cost recovery surcharge be 
        imposed by a State to the extent that the cost for which 
        recovery is sought is otherwise paid, recovered, or offset by 
        any other fee or tax assessed against or voluntarily paid to 
        the State or its political subdivision in connection with the 
        generation, transportation, treatment, processing, or disposal 
        of solid waste.
            ``(C) The grant of a subsidy by a State with respect to 
        entities disposing of waste generated within the State that 
        does not constitute discrimination for purposes of subparagraph 
        (A)(iii).
            ``(7) Definitions.--As used in this subsection:
                    ``(A) The term `costs' means the costs incurred by 
                the State for the implementation of its laws governing 
                the processing or disposal of municipal solid waste, 
                limited to the issuance of new permits and renewal of 
                modified permits, inspection and compliance monitoring, 
                enforcement, and costs associated with technical 
                assistance, data management and collection fees.
                    ``(B) The term `processing' means any activity to 
                reduce the volume of solid waste or alter its chemical, 
                biological or physical state, through processes such as 
                thermal treatment, bailing, composting, crushing, 
                shredding, separation, or compaction.
    ``(e) Savings Clause.--Nothing in this section shall be interpreted 
or construed--
            ``(1) to have any effect on State law relating to 
        contracts; or
            ``(2) to affect the authority of any State or local 
        government to protect public health and the environment through 
        laws, regulations, and permits, including the authority to 
        limit the total amount of municipal solid waste that landfill 
        or incinerator owners or operators within the jurisdiction of a 
        State may accept during a prescribed period, provided that such 
        limitations do not discriminate between in-State and out-of-
        State municipal solid waste, except to the extent authorized by 
        this section.
    ``(f) Definitions.--As used in this section:
            ``(1)(A) The term `affected local government', used with 
        respect to a landfill or incinerator, means--
                    ``(i) the public body created by State law with 
                responsibility to plan for municipal solid waste 
                management, a majority of the members of which are 
                elected officials, for the area in which the facility 
                is located or proposed to be located; or
                    ``(ii) the elected officials of the city, town, 
                township, borough, county, or parish exercising primary 
                responsibility over municipal solid waste management or 
                the use of land in the jurisdiction in which the 
                facility is located or is proposed to be located.
            ``(B)(i) Within 90 days after the date of enactment of this 
        section, a Governor may designate and publish notice of which 
        entity listed in clause (i) or (ii) of subparagraph (A) shall 
        serve as the affected local government for actions taken under 
        this section and after publication of such notice.
            ``(ii) If a Governor fails to make such a designation, the 
        affected local government shall be the elected officials of the 
        city, town, township, borough, county, parish, or other public 
        body created pursuant to State law with primary jurisdiction 
        over the land or the use of land on which the facility is 
        located or is proposed to be located.
            ``(C) For purposes of host community agreements entered 
        into before the date of publication of the notice, the term 
        means either a public body described in subparagraph (A)(i) or 
        the elected officials of any of the public bodies described in 
        subparagraph (A)(ii).
            ``(2)(A) The term `host community agreement' means, with 
        respect to any agreement entered into on or after March 10, 
        1995, a written, legally binding document or documents executed 
        by duly authorized officials of the affected local government 
        that expressly authorizes a landfill or incinerator to receive 
        specified amounts of municipal solid waste generated out of 
        State.
            ``(B) The term `host community agreement' means, with 
        respect to any agreement entered into before March 10, 1995, a 
        written, legally binding document or documents executed by duly 
        authorized officials of the affected local government expressly 
        authorizing a landfill or incinerator to receive municipal 
        solid waste generated out of State, but does not include any 
        agreement to pay host community fees for receipt of waste 
        unless additional express authorization to receive out-of-State 
        municipal solid waste is also included. For purposes of a host 
        community agreement entered into before March 10, 1995, such 
        agreement may use a term other than `out-of-State', provided 
        that any alternative term or terms evidence the approval or 
        consent of the affected local government for receipt of 
        municipal solid waste from sources or locations outside the 
        State in which the landfill or incinerator is located or is 
        proposed to be located.
            ``(3) The term `out-of-State municipal solid waste' means, 
        with respect to any State, municipal solid waste generated 
        outside of the State. To the extent that the President 
        determines it is consistent with the North American Free Trade 
        Agreement and the General Agreement on Tariffs and Trade, the 
        term shall include municipal solid waste generated outside of 
        the United States.
            ``(4) The term `municipal solid waste' means refuse (and 
        refuse-derived fuel) generated by the general public or from a 
        residential, commercial, institutional, or industrial source 
        (or any combination thereof), consisting of paper, wood, yard 
        wastes, plastics, leather, rubber, or other combustible or 
        noncombustible materials such as metal or glass (or any 
        combination thereof). The term `municipal solid waste' does not 
        include--
                    ``(A) any solid waste identified or listed as a 
                hazardous waste under section 3001, or any solid waste 
                containing polychlorinated biphenyls regulated under 
                the Toxic Substances Control Act (15 U.S.C. 2601 et 
                seq.);
                    ``(B) any solid waste, including contaminated soil 
                and debris, resulting from a response action taken 
                under section 104 or 106 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9604 or 9606) or a corrective action 
                taken under this Act;
                    ``(C) any metal, pipe, glass, plastic, paper, 
                textile, or other material that has been separated or 
                diverted from municipal solid waste (as otherwise 
                defined in this paragraph) and has been transported 
                into a State for the purpose of recycling or 
                reclamation;
                    ``(D) any solid waste that is--
                            ``(i) generated by an industrial facility; 
                        and
                            ``(ii) transported for the purpose of 
                        treatment, storage, or disposal to a facility 
                        that is owned or operated by the generator of 
                        the waste, or is located on property owned by 
                        the generator of the waste, or is located on 
                        property owned by a company with which the 
                        generator is affiliated;
                    ``(E) any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation;
                    ``(F) any industrial waste that is not identical to 
                municipal solid waste (as otherwise defined in this 
                paragraph) with respect to the physical and chemical 
                state of the industrial waste, and composition, 
                including construction and demolition debris;
                    ``(G) any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph); or
                    ``(H) any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(5) The term `compliance' means a pattern or practice of 
        adhering to and satisfying standards and requirements 
        promulgated by the Federal or a State government for the 
purpose of preventing significant harm to human health and the 
environment. Actions undertaken in accordance with compliance schedules 
for remediation established by Federal or State enforcement authorities 
shall be considered compliance for purposes of this section.''.
    (b) Table of Contents Amendment.--The table of contents in section 
1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended 
by adding at the end of the items relating to subtitle D the following 
new item:

``Sec. 4011. Interstate transportation of municipal solid waste.''.

                         TITLE II--FLOW CONTROL

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Municipal Solid Waste Flow Control 
Act of 1995''.

SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF MUNICIPAL 
              SOLID WASTE AND RECYCLABLE MATERIAL.

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

``SEC. 4011. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF 
              MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.

    ``(a) Definitions.--In this section:
            ``(1) Designate; designation.--The terms `designate' and 
        `designation' refer to a requirement by a State or political 
        subdivision, and the act of a State or political subdivision in 
        requiring, that all or any portion of the municipal solid waste 
        or recyclable material that is generated within the boundaries 
        of the State or political subdivision be delivered to a waste 
        management facility or facility for recyclable material 
        identified by the State or political subdivision.
            ``(2) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of solid 
        waste or recyclable material and direct such solid waste or 
        recyclable material to a designated waste management facility 
        or facility for recyclable material.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means--
                    ``(A) solid waste generated by the general public 
                or from a residential, commercial, institutional, or 
                industrial source, consisting of paper, wood, yard 
                waste, plastics, leather, rubber, and other combustible 
                material and noncombustible material such as metal and 
                glass, including residue remaining after recyclable 
                material has been separated from waste destined for 
                disposal, and including waste material removed from a 
                septic tank, septage pit, or cesspool (other than from 
                portable toilets); but
                    ``(B) does not include--
                            ``(i) waste identified or listed as a 
                        hazardous waste under section 3001 of this Act 
                        or waste regulated under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.);
                            ``(ii) waste, including contaminated soil 
                        and debris, resulting from a response action 
                        taken under section 104 or 106 of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9604, 9606) or any corrective action 
                        taken under this Act;
                            ``(iii) medical waste listed in section 
                        11002;
                            ``(iv) industrial waste generated by 
                        manufacturing or industrial processes, 
                        including waste generated during scrap 
                        processing and scrap recycling;
                            ``(v) recyclable material; or
                            ``(vi) sludge.
            ``(4) Recyclable material.--The term `recyclable material' 
        means--
                    ``(A) material that has been separated from waste 
                otherwise destined for disposal (at the source of the 
                waste or at a processing facility) or has been managed 
                separately from waste destined for disposal, for the 
                purpose of recycling, reclamation, composting of 
                organic material such as food and yard waste, or reuse 
                (other than for the purpose of incineration); but
                    ``(B) for the purpose of subsection (b), includes 
                material described in subparagraph (A) only if the 
                generator or owner of the material voluntarily made the 
                material available to the State or political 
                subdivision (or the designee of the State or political 
                subdivision) and relinquished any rights to, or 
                ownership of, the material, and the State or political 
                subdivision (or designee) assumes such rights to, or 
                ownership of, the material.
            ``(5) Waste management facility.--The term `waste 
        management facility' means a facility that collects, separates, 
        stores, transports, transfers, treats, processes, combusts, or 
        disposes of municipal solid waste.
    ``(b) Authority.--
            ``(1) In general.--Each State and each political 
        subdivision of a State may exercise flow control authority for 
        municipal solid waste and for recyclable material voluntarily 
        relinquished by the owner or generator of the material that is 
        generated within its jurisdiction by directing the municipal 
        solid waste or recyclable material to a waste management 
        facility or facility for recyclable material, if such flow 
        control authority--
                    ``(A) is imposed pursuant to a law, ordinance, 
                regulation, or other legally binding provision or 
                official act of the State or political subdivision in 
                effect on May 15, 1994; and
                    ``(B) has been implemented by designating before 
                May 15, 1994, the particular waste management 
                facilities to which the municipal solid waste or 
                recyclable material is to be delivered, the substantial 
                construction of which facilities was performed after 
                the effective date of that legally binding provision or 
                official act and which facilities were in operation as 
                of May 15, 1994.
            ``(2) Limitation.--The authority of this section extends 
        only to the specific classes or categories of municipal solid 
waste to which flow control authority requiring a movement to a waste 
management facility was actually applied on or before May 15, 1994 (or, 
in the case of a State or political subdivision that qualifies under 
subsection (c), to the specific classes or categories of municipal 
solid waste for which the State or political subdivision prior to May 
15, 1994, had committed to the designation of a waste management 
facility).
            ``(3) Lack of clear identification.--With regard to 
        facilities granted flow control authority under subsection (c), 
        if the specific classes or categories of municipal solid waste 
        are not clearly identified, the authority of this section shall 
        apply only to municipal solid waste generated by households.
            ``(4) Duration of authority.--With respect to each 
        designated waste management facility, the authority of this 
        section shall be effective until the later of--
                    ``(A) the end of the remaining life of a contract 
                between the State or political subdivision and any 
                other person regarding the movement or delivery of 
                municipal solid waste or recyclable material (as in 
                effect May 15, 1994);
                    ``(B) completion of the schedule for payment of the 
                capital costs of the facility concerned (as in effect 
                May 15, 1994); or
                    ``(C) the end of the remaining useful life of the 
                original facility, as that remaining life may be 
                extended by--
                            ``(i) retrofitting of equipment or the 
                        making of other significant modifications to 
                        meet applicable environmental requirements or 
                        safety requirements;
                            ``(ii) routine repair or scheduled 
                        replacement of equipment or components that 
                        does not add to the capacity of a waste 
                        management facility; or
                            ``(iii) expansion of the facility on land 
                        that is--
                                    ``(I) legally or equitably owned, 
                                or under option to purchase or lease, 
                                by the owner or operator of the 
                                facility; and
                                    ``(II) covered by the permit for 
                                the facility (as in effect May 15, 
                                1994).
    ``(c) Commitment to Construction.--
            ``(1) In general.--Notwithstanding subsection (b)(1) (A) 
        and (B), any political subdivision of a State may exercise flow 
        control authority under subsection (b), if--
                    ``(A) the law, ordinance, regulation, or other 
                legally binding provision specifically provides for 
                flow control authority for municipal solid waste 
                generated within its boundaries and was in effect prior 
                to May 15, 1994; and
                    ``(B) the political subdivision took action prior 
                to May 15, 1994, to commit to the designation of a 
                waste management facility to which municipal solid 
                waste is to be transported or at which municipal solid 
                waste is to be disposed of under that law, ordinance, 
                regulation, plan, or legally binding provision.
            ``(2) Factors demonstrating commitment.--A commitment to 
        the designation of a waste management facility is demonstrated 
        by 1 or more of the following factors:
                    ``(A) Construction permits.--All permits required 
                for the substantial construction of the facility were 
                obtained prior to May 15, 1994.
                    ``(B) Contracts.--All contracts for the substantial 
                construction of the facility were in effect prior to 
                May 15, 1994.
                    ``(C) Revenue bonds.--Prior to May 15, 1994, 
                revenue bonds were presented for sale to specifically 
                provide revenue for the construction of the facility.
                    ``(D) Construction and operating permits.--The 
                State or political subdivision submitted to the 
                appropriate regulatory agency or agencies, on or before 
                May 16, 1994, substantially complete permit 
                applications for the construction and operation of the 
                facility.
    ``(d) Retained Authority.--
            ``(1) Request.--On the request of a generator of municipal 
        solid waste affected by this section, a State or political 
        subdivision may authorize the diversion of all or a portion of 
        the solid waste generated by the generator making the request 
        to an alternative solid waste treatment or disposal facility, 
        if the purpose of the request is to provide a higher level of 
        protection for human health and the environment or reduce 
        potential future liability of the generator under Federal or 
        State law for the management of such waste, unless the State or 
        political subdivision determines that the facility to which the 
        municipal solid waste is proposed to be diverted does not 
        provide a higher level of protection for human health and the 
        environment or does not reduce the potential future liability 
        of the generator under Federal or State law for the management 
        of such waste.
            ``(2) Contents.--A request under paragraph (1) shall 
        include information on the environmental suitability of the 
        proposed alternative treatment or disposal facility and method, 
        compared to that of the designated facility and method.
    ``(e) Limitations on Revenue.--A State or political subdivision may 
exercise flow control authority under subsection (b) or (c) only if the 
State or political subdivision certifies that the use of any of its 
revenues derived from the exercise of that authority will be used 
solely for solid waste management services.
    ``(f) Reasonable Regulation of Commerce.--A law, ordinance, 
regulation, or other legally binding provision or official act of a 
State or political subdivision, described in subsection (b) or (c), 
that implements flow control authority in compliance with this section 
shall be considered to be a reasonable regulation of commerce and shall 
not be considered to be an undue burden on or otherwise considered as 
impairing, restraining, or discriminating against interstate commerce.
    ``(g) Effect on Existing Laws and Contracts.--
            ``(1) Environmental laws.--Nothing in this section shall be 
        construed to have any effect on any other law relating to the 
        protection of human health and the environment or the 
        management of municipal solid waste or recyclable material.
            ``(2) State law.--Nothing in this section shall be 
        construed to authorize a political subdivision of a State to 
        exercise the flow control authority granted by this section in 
        a manner that is inconsistent with State law.
            ``(3) Ownership of recyclable material.--Nothing in this 
        section--
                    ``(A) authorizes a State or political subdivision 
                of a State to require a generator or owner of 
                recyclable material to transfer recyclable material to 
                the State or political subdivision; or
                    ``(B) prohibits a generator or owner of recyclable 
                material from selling, purchasing, accepting, 
                conveying, or transporting recyclable material for the 
                purpose of transformation or remanufacture into usable 
                or marketable material, unless the generator or owner 
                voluntarily made the recyclable material available to 
                the State or political subdivision and relinquished any 
                right to, or ownership of, the recyclable material.''.

SEC. 203. TABLE OF CONTENTS AMENDMENT.

    The table of contents for subtitle D in section 1001 of the Solid 
Waste Disposal Act (42 U.S.C. prec. 6901), as amended by section 
101(b), is amended by adding after 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.''.

SEC. 204. REPEAL.

    Section 4011 of the Solid Waste Disposal Act, as added by section 
202, and the item relating to that section in the table of contents for 
subtitle D of the Solid Waste Disposal Act, as added by section 203, 
are repealed effective as of the date that is 30 years after the date 
of enactment of this Act.
                                 <all>
S 534 IS----2
S 534 IS----3
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