II

104TH CONGRESS

1ST SESSION S. 398

To amend the Solid Waste Disposal Act to provide congressional authorization

for State control over transportation of municipal solid waste, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 13 (legislative day, JANUARY 30), 1995

Mr. LAUTENBERG (for himself, Mr. COHEN, Ms. SNOWE, Mr. HEFLIN, Mr.

GRAHAM, and Mr. DODD) 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 congressional authorization for State control over 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Flow Control Act of

5 1995’’.
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1 SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CON2 TROL OVER TRANSPORTATION, MANAGE3 MENT, AND DISPOSAL OF MUNICIPAL SOLID

4 WASTE.

5 Subtitle D of the Solid Waste Disposal Act (42

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

7 4010 the following new section:

8 ‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE

9 CONTROL OVER TRANSPORTATION, MANAGE10 MENT, AND DISPOSAL OF MUNICIPAL SOLID

11 WASTE.

12 ‘‘(a) AUTHORITY.—

13 ‘‘(1) IN GENERAL.—Each State and each quali14 fied political subdivision may, in accordance with

15 this section—

16 ‘‘(A)(i) exercise flow control authority for

17 municipal solid waste, incinerator ash from a

18 solid waste incineration unit, construction de19 bris, or demolition debris generated within the

20 boundaries of the State or qualified political

21 subdivision if, before May 15, 1994, the State

22 or qualified political subdivision—

23 ‘‘(I) adopted a law, ordinance, regula24 tion, solid waste management plan, or le25 gally binding provision that contains flow

26 control authority and, pursuant to such
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1 authority, directs such solid waste, ash, or

2 debris to a proposed or existing waste

3 management facility designated before May

4 15, 1994; or

5 ‘‘(II) adopted a law, ordinance, regu6 lation, solid waste management plan, or le7 gally binding provision that identifies the

8 use of one or more waste management

9 methods that will be necessary for the

10 transportation, management, or disposal of

11 municipal solid waste generated within

12 such boundaries, and committed to the

13 designation of one or more waste manage14 ment facilities for such method or meth15 ods;

16 ‘‘(ii) after the effective date of this section,

17 in the case of a State or qualified political sub18 division that adopted such a law, ordinance,

19 regulation, plan, or legally binding provision

20 that meets the requirements of subclause (I) or

21 (II) of clause (i), exercise flow control authority

22 over such solid waste from any existing or fu23 ture waste management facility to any other ex24 isting or future waste management facility; and
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1 ‘‘(iii) after the effective date of this sec2 tion, in the case of a State or qualified political

3 subdivision that adopted such a law, ordinance,

4 regulation, plan, or legally binding provision

5 that meets the requirements of subclause (I) of

6 clause (i), exercise flow control authority over

7 such solid waste, ash, or debris from any exist8 ing waste management facility to any other ex9 isting or proposed waste management facility,

10 and may do so without regard to subsection

11 (b)(2); and

12 ‘‘(B) exercise flow control authority for

13 voluntarily relinquished recyclable materials

14 generated within the boundaries of the State or

15 qualified political subdivision.

16 ‘‘(2) REASONABLE REGULATION OF COM17 MERCE.—

18 ‘‘(A) A law, ordinance, regulation, solid

19 waste management plan, or legally binding pro20 vision of a State or qualified political subdivi21 sion, described in paragraph (1), that imple22 ments or exercises flow control authority in

23 compliance with this section shall be considered

24 to be a reasonable regulation of commerce and

25 shall not be considered to be an undue burden
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1 on or otherwise as impairing, restraining, or

2 discriminating against interstate commerce.

3 ‘‘(B) A contract or franchise agreement

4 entered into by a State or political subdivision

5 to provide the exclusive or nonexclusive author6 ity for the collection, transportation, or disposal

7 of municipal solid waste, and not otherwise in8 volving the exercise of flow control authority de9 scribed in paragraph (1), shall be considered to

10 be a reasonable regulation of commerce and

11 shall not be considered to be an undue burden

12 on or otherwise as impairing, restraining, or

13 discriminating against interstate commerce.

14 ‘‘(b) LIMITATIONS.—

15 ‘‘(1) LIMITATION OF AUTHORITY REGARDING

16 RECYCLABLE MATERIALS.—A State or qualified po17 litical subdivision may exercise the authority de18 scribed in subsection (a)(1)(B) with respect to recy19 clable materials only if—

20 ‘‘(A) the generator or owner of the mate21 rials voluntarily made the materials available to

22 the State or qualified political subdivision, or

23 the designee of the State or qualified political

24 subdivision, and relinquished any rights to, or

25 ownership of, such materials; and
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1 ‘‘(B) the State or qualified political sub2 division, or the designee of the State or quali3 fied political subdivision, assumes such rights

4 to, or ownership of, such materials.

5 ‘‘(2) LIMITATION OF AUTHORITY REGARDING

6 SOLID WASTE OR RECYCLABLE MATERIALS.—

7 ‘‘(A) A State or qualified political subdivi8 sion may exercise the authority described in

9 subparagraph (A) or (B) of subsection (a)(1)

10 only if the State or qualified political subdivi11 sion establishes a program to separate, or divert

12 at the point of generation, recyclable materials

13 from municipal solid waste, for purposes of re14 cycling, reclamation, or reuse, in accordance

15 with any Federal or State law or municipal

16 solid waste planning requirements in effect.

17 ‘‘(B) A State or qualified political subdivi18 sion may exercise the authority described in

19 clause (i) or (ii) of subsection (a)(1)(A) only if,

20 after conducting one or more public hearings,

21 the State or qualified political subdivision—

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

23 developed at the hearing or hearings, that

24 it is necessary to exercise the authority de25 scribed in subparagraph (A) or (B) of sub-
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1 section (a)(1) to meet the current solid

2 waste management needs (as of the date of

3 the record) or the anticipated solid waste

4 management needs of the State or quali5 fied political subdivision for the manage6 ment of municipal solid waste or recyclable

7 materials;

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

9 developed at the hearing or hearings, in10 cluding an analysis of the ability of the pri11 vate sector and public bodies to provide

12 short and long term integrated solid waste

13 management services with and without

14 flow control authority, that the exercise of

15 flow control authority is necessary to pro16 vide such services in an economically effi17 cient and environmentally sound manner;

18 and

19 ‘‘(iii) provides a written explanation of

20 the reasons for the findings described

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

22 finding of a preferred waste management

23 methodology or methodologies for provid24 ing such integrated solid waste manage25 ment services.
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1 ‘‘(C) With respect to each designated

2 waste management facility, the authority of

3 subsection (a) shall be effective until completion

4 of the schedule for payment of the capital costs

5 of the waste management facility concerned (as

6 in effect on May 15, 1994), or for the remain7 ing useful life of the original waste management

8 facility, whichever is longer. At the end of such

9 period, the authority of subsection (a) shall be

10 effective for any waste management facility for

11 which subparagraph (B) and subsection (c)

12 have been complied with by the State or quali13 fied political subdivision, except that no facility,

14 and no State or qualified political subdivision,

15 subject to subsection (a)(1)(A)(i)(I) or sub16 section (a)(1)(A)(ii) shall be required to comply

17 with subparagraph (B) for a period of 10 years

18 after the date of enactment of this section. Not19 withstanding the provisions of this paragraph,

20 compliance with subparagraph (B) shall not be

21 required where—

22 ‘‘(i) a designated waste management

23 facility is required to retrofit or otherwise

24 make significant modifications to meet ap-
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1 plicable environmental requirements or

2 safety requirements;

3 ‘‘(ii) routine repair or scheduled re4 placements of existing equipment or com5 ponents of a designated waste management

6 facility is undertaken that does not add to

7 the capacity of the waste management fa8 cility; or

9 ‘‘(iii) a designated waste management

10 facility expands on land legally or equitably

11 owned, or under option to purchase or

12 lease, by the owner or operator of such fa13 cility and the applicable permit includes

14 such land.

15 ‘‘(D) Notwithstanding anything to the con16 trary in this section, paragraphs (2)(B) and

17 (2)(C) shall not apply to any State (or any of

18 its political subdivisions) that, on or before Jan19 uary 1, 1984, enacted regulations pursuant to

20 a State law that required or directed the trans21 portation, management, or disposal of solid

22 waste from residential, commercial, institutional

23 and industrial sources as defined by State law

24 to specific waste management facilities and ap-
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1 plied those regulations to every political subdivi2 sion in the State.

3 ‘‘(3) LIMITATION TO APPLIED AUTHORITIES.—

4 The authority described in subsection (a)(1)(A) shall

5 apply only to the specific classes or categories of

6 solid waste to which the authority described in sub7 section (a)(1)(A)(i)(I) was applied by the State or

8 qualified political subdivision before May 15, 1994,

9 and to the specific classes or categories of solid

10 waste for which the State or qualified political sub11 division committed to the designation of one or more

12 waste management facilities as described in sub13 section (a)(1)(A)(i)(II).

14 ‘‘(4) EXPIRATION OF AUTHORITY.—The author15 ity granted under subsection (a)(1)(A)(i)(II) shall

16 expire if a State or qualified political subdivision has

17 not designated, by law, ordinance, regulation, solid

18 waste management plan, or other legally binding

19 provision, one or more proposed or existing waste

20 management facilities within 3 years after the date

21 of enactment of this section.

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

23 qualified political subdivision may exercise the au24 thority described in subsection (a) only if the State

25 or qualified political subdivision limits the use of any
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1 of its revenues derived from the exercise of such au2 thority primarily to solid waste management serv3 ices.

4 ‘‘(c) COMPETITIVE DESIGNATION PROCESS.—

5 ‘‘(1) IN GENERAL.—A State or qualified politi6 cal subdivision may exercise the authority described

7 in subsection (a) only if the State or qualified politi8 cal subdivision develops and implements a competi9 tive designation process, with respect to each waste

10 management facility or each facility for recyclable

11 materials. The process shall—

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

13 based on, or is part of, a municipal solid waste

14 management plan that is adopted by the State

15 or qualified political subdivision and that is de16 signed to ensure long-term management capac17 ity for municipal solid waste or recyclable mate18 rials generated within the boundaries of the

19 State or qualified political subdivision;

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

21 process, including at a minimum—

22 ‘‘(i) capacity assurance;

23 ‘‘(ii) the establishment of provisions to

24 provide that protection of human health

25 and the environment will be achieved; and
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1 ‘‘(iii) any other goals determined to be

2 relevant by the State or qualified political

3 subdivision;

4 ‘‘(C) identify and compare reasonable and

5 available alternatives, options, and costs for

6 designation of the facilities;

7 ‘‘(D) provide for public participation and

8 comment;

9 ‘‘(E) ensure that the designation of each

10 facility is accomplished through an open com11 petitive process during which the State or quali12 fied political subdivision—

13 ‘‘(i) identifies in writing criteria to be

14 utilized for selection of the facilities, which

15 shall not discriminate unfairly against any

16 particular waste management facility or

17 any method of management, transportation

18 or disposal, and shall not establish quali19 fications for selection that can only be met

20 by public bodies;

21 ‘‘(ii) provides a fair and equal oppor22 tunity for interested public persons and

23 private persons to offer their existing (as

24 of the date of the process) or proposed fa25 cilities for designation; and
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1 ‘‘(iii) evaluates and selects the facili2 ties for designation based on the merits of

3 the facilities in meeting the criteria identi4 fied; and

5 ‘‘(F) base the designation of each such fa6 cility on reasons that shall be stated in a public

7 record.

8 ‘‘(2) CERTIFICATION.—

9 ‘‘(A) IN GENERAL.—A Governor of any

10 State may certify that the laws and regulations

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

12 the requirements for a competitive designation

13 process under paragraph (1).

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

15 under subparagraph (A), a Governor shall—

16 ‘‘(i) publish notice of the proposed

17 certification in a newspaper of general cir18 culation and provide such additional notice

19 of the proposed certification as may be re20 quired by State law;

21 ‘‘(ii) include in the notice of the pro22 posed certification or otherwise make read23 ily available a statement of the laws and

24 regulations subject to the certification and

25 an explanation of the basis for a conclusion
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1 that the laws and regulations satisfy the

2 requirements of paragraph (1);

3 ‘‘(iii) provide interested persons an

4 opportunity to comment on the proposed

5 certification, for a period of time not less

6 than 60 days, after publication of the no7 tice; and

8 ‘‘(iv) publish notice of the final certifi9 cation, together with an explanation of the

10 basis for the final certification, in a news11 paper of general circulation and provide

12 such additional notice of the final certifi13 cation as may be required by State law.

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

15 publication of the final certification under sub16 paragraph (B), any interested person may file

17 an appeal of the final certification in the United

18 States Circuit Court of Appeals for the Federal

19 judicial district of the State, for a judicial de20 termination that the certified laws and regula21 tions do not satisfy the requirements of para22 graph (1) or that the certification process did

23 not satisfy the procedural requirements of sub24 paragraph (B). The appeal shall set forth the
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1 specific reasons for the appeal of the final cer2 tification.

3 ‘‘(D) LIMITATION TO RECORD.—Any judi4 cial proceeding brought under subparagraph

5 (C) shall be limited to the administrative record

6 developed in connection with the procedures de7 scribed in subparagraph (B).

8 ‘‘(E) COSTS OF LITIGATION.—In any judi9 cial proceeding brought under subparagraph

10 (C), the court shall award costs of litigation (in11 cluding reasonable attorney fees) to any prevail12 ing party whenever the court determines that

13 such award is appropriate.

14 ‘‘(F) LIMITATION ON REVIEW OF CERTIFI15 CATIONS.—If no appeal is taken within 120

16 days after the publication of the final certifi17 cation, or if the final certification by the Gov18 ernor of any State is upheld by the United

19 States Circuit Court of Appeals and no party

20 seeks review by the Supreme Court (within ap21 plicable time requirements), the final certifi22 cation shall not be subject to judicial review.

23 ‘‘(G) LIMITATION ON REVIEW OF DESIGNA24 TIONS.—Designations made after the final cer25 tification and pursuant to the certified laws and
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1 regulations shall not be subject to judicial re2 view for failure to satisfy the requirements of

3 paragraph (1).

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

5 ‘‘(1) PROHIBITION ON REQUIRED TRANS6 FERS.—Nothing in this section shall authorize any

7 State or qualified political subdivision, or any des8 ignee of the State or qualified political subdivision,

9 to require any generator or owner of recyclable ma10 terials to transfer any recyclable materials to such

11 State or qualified political subdivision unless the

12 generator or owner of the recyclable materials volun13 tarily made the materials available to the State or

14 qualified political subdivision and relinquished any

15 rights to, or ownership of, such materials.

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

17 section shall prohibit any person from selling, pur18 chasing, accepting, conveying, or transporting any

19 recyclable materials for purposes of transformation

20 or remanufacture into usable or marketable mate21 rials, unless a generator or owner voluntarily made

22 the materials available to the State or qualified po23 litical subdivision and relinquished any rights to, or

24 ownership of, such materials.
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1 ‘‘(e) RETAINED AUTHORITY.—Upon the request of

2 any generator of municipal solid waste affected by this

3 section, the State or political subdivision may authorize

4 the diversion of all or a portion of the solid wastes gen5 erated by the generator making such request to a solid

6 waste facility, other than the facility or facilities originally

7 designated by the political subdivision, where the purpose

8 of such request is to provide a higher level of protection

9 for human health and the environment and reduce poten10 tial future liability under Federal or State law of such gen11 erator for the management of such wastes. Requests shall

12 include information on the environmental suitability of the

13 proposed alternative treatment or disposal facility and

14 method, compared to that of the designated facility and

15 method. In making such a determination the State or po16 litical subdivision may consider the ability and willingness

17 of both the designated and alternative disposal facility or

18 facilities to indemnify the generator against any cause of

19 action under State or Federal environmental statutes and

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

21 or property loss under any State law.

22 ‘‘(f) EXISTING LAWS AND CONTRACTS.—

23 ‘‘(1) IN GENERAL.—To the extent consistent

24 with subsection (a), this section shall not supersede,

25 abrogate, or otherwise modify any of the following:
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1 ‘‘(A) Any contract or other agreement (in2 cluding any contract containing an obligation to

3 repay the outstanding indebtedness on any pro4 posed or existing waste management facility or

5 facility for recyclable materials) entered into be6 fore May 15, 1994, by a State or qualified po7 litical subdivision in which such State or quali8 fied political subdivision has designated a pro9 posed or existing waste management facility, or

10 facility for recyclable materials, for the trans11 portation, management or disposal of municipal

12 solid waste, incinerator ash from a solid waste

13 incineration unit, construction debris or demoli14 tion debris, or recyclable materials, pursuant to

15 a law, ordinance, regulation, solid waste man16 agement plan, or legally binding provision

17 adopted by such State or qualified political sub18 division before May 15, 1994, if, in the case of

19 a contract or agreement relating to recyclable

20 materials, the generator or owner of the mate21 rials, and the State or qualified political sub22 division, have met the appropriate conditions in

23 subsection (b)(1) with respect to the materials.

24 ‘‘(B) Any other contract or agreement en25 tered into before May 15, 1994, for the trans-
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1 portation, management or disposal of municipal

2 solid waste, incinerator ash from a solid waste

3 incineration unit, or construction debris or dem4 olition debris.

5 ‘‘(C)(i) Any law, ordinance, regulation,

6 solid waste management plan, or legally binding

7 provision—

8 ‘‘(I) that is adopted before May 15,

9 1994;

10 ‘‘(II) that pertains to the transpor11 tation, management, or disposal of solid

12 waste generated within the boundaries of a

13 State or qualified political subdivision; and

14 ‘‘(III) under which a State or quali15 fied political subdivision, prior to May 15,

16 1994, directed, limited, regulated, or pro17 hibited the transportation, management, or

18 disposal of municipal solid waste, or incin19 erator ash from, a solid waste incineration

20 unit, or construction debris or demolition

21 debris, generated within the boundaries;

22 if the law, ordinance, regulation, solid waste

23 management plan, or legally binding provision

24 is applied to the transportation of solid waste

25 described in subclause (III), to a proposed or
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1 existing waste management facility designated

2 before May 15, 1994, or to the management or

3 disposal of such solid waste at such a facility,

4 under such law, ordinance, regulation, solid

5 waste management plan, or legally binding pro6 vision.

7 ‘‘(ii) Any law, ordinance, regulation, solid

8 waste management plan, or legally binding pro9 vision—

10 ‘‘(I) that is adopted before May 15,

11 1994; and

12 ‘‘(II) that pertains to the transpor13 tation or management of recyclable mate14 rials generated within the boundaries of a

15 State or qualified political subdivision;

16 if the law, ordinance, regulation, solid waste

17 management plan, or legally binding provision

18 is applied to the transportation of recyclable

19 materials that are generated within the bound20 aries, and with respect to which the generator

21 or owner of the materials, and the State or

22 qualified political subdivision, have met the ap23 propriate conditions described in subsection

24 (b)(1), to a proposed or existing facility for re25 cyclable materials designated before May 15,
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1 1994, or to the management of such materials,

2 under such law, ordinance, regulation, solid

3 waste management plan, or legally binding pro4 vision.

5 ‘‘(2) CONTRACT INFORMATION.—A party to a

6 contract or other agreement that is described in sub7 paragraph (A) or (B) of paragraph (1) shall provide

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

9 qualified political subdivision on request. Any propri10 etary information contained in the contract or agree11 ment may be omitted in the copy, but the informa12 tion that appears in the copy shall include at least

13 the date that the contract or agreement was signed,

14 the volume of municipal solid waste or recyclable

15 materials covered by the contract or agreement with

16 respect to which the State or qualified political sub17 division could otherwise exercise authority under

18 subsection (a) or paragraph (1)(C), the source of the

19 waste or materials, the destination of the waste or

20 materials, the duration of the contract or agreement,

21 and the parties to the contract or agreement.

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

23 Any contract or agreement described in subpara24 graph (A) or (B) of paragraph (1), and any law, or25 dinance, regulation, solid waste management plan,
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1 or legally binding provision described in subpara2 graph (C) of paragraph (1), shall be considered to

3 be a reasonable regulation of commerce by a State

4 or qualified political subdivision, retroactive to the

5 effective date of the contract or agreement, or to the

6 date of adoption of any such law, ordinance, regula7 tion, solid waste management plan, or legally bind8 ing provision, and shall not be considered to be an

9 undue burden on or otherwise as impairing, restrain10 ing, or discriminating against interstate commerce.

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

12 or qualified political subdivision of any waste man13 agement facility or facility for recyclable materials

14 after the date of enactment of this section shall be

15 made in compliance with subsection (c). Nothing in

16 this paragraph shall affect any designation made be17 fore the date of enactment of this section, and any

18 such designation shall be deemed to satisfy the re19 quirements of subsection (c).

20 ‘‘(g) SAVINGS CLAUSE.—

21 ‘‘(1) FEDERAL OR STATE ENVIRONMENTAL

22 LAWS.—Nothing in this section is intended to super23 sede, amend, or otherwise modify Federal or State

24 environmental laws (including regulations) that

25 apply to the disposal or management of solid waste
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1 or recyclable materials at waste management facili2 ties or facilities for recyclable materials.

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

4 be interpreted to authorize a qualified political sub5 division to exercise the authority granted by this sec6 tion in a manner inconsistent with State law.

7 ‘‘(h) PROHIBITION.—No political subdivision may ex8 ercise flow control authority to direct the movement of mu9 nicipal solid waste to any waste management facility for

10 which a Federal permit was denied twice before the enact11 ment of this section.

12 ‘‘(i) DEFINITIONS.—For purposes of this section

13 only, the following definitions apply:

14 ‘‘(1) COMMITTED TO THE DESIGNATION OF ONE

15 OR MORE WASTE MANAGEMENT FACILITIES.—The

16 term ‘committed to the designation of one or more

17 waste management facilities’ means that a State or

18 qualified political subdivision was legally bound to

19 designate one or more existing or future waste man20 agement facilities or performed or caused to be per21 formed one or more of the following actions for the

22 purpose of designating one or more such facilities:

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

24 construction of such waste management facility

25 prior to May 15, 1994.
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1 ‘‘(B) Executed contracts for the construc2 tion of such waste management facility prior to

3 May 15, 1994.

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

5 specifically provide revenue for the construction

6 of such waste management facility prior to May

7 15, 1994.

8 ‘‘(D) Submitted to the appropriate regu9 latory agency or agencies, on or before May 15,

10 1994, administratively complete permit applica11 tions for the construction and operation of a

12 waste management facility.

13 ‘‘(E) Formed a public authority or a joint

14 agreement among qualified political subdivi15 sions, pursuant to a law authorizing such for16 mation for the purposes of designating facili17 ties.

18 ‘‘(F) Executed a contract or agreement

19 that obligates or otherwise requires a State or

20 qualified political subdivision to deliver a mini21 mum quantity of solid waste to a waste man22 agement facility and that obligates or otherwise

23 requires the State or qualified political subdivi24 sion to pay for that minimum quantity of solid

25 waste even if the stated minimum quantity of
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1 solid waste is not delivered within a required

2 timeframe, otherwise commonly known as a

3 ‘put or pay agreement’.

4 ‘‘(G) Adopted, pursuant to a State statute

5 that specifically described the method for des6 ignating by solid waste management districts, a

7 resolution of preliminary designation that speci8 fies criteria and procedures for soliciting pro9 posals to designate facilities after having com10 pleted a public notice and comment period.

11 ‘‘(H) Adopted, pursuant to a State statute

12 that specifically described the method for des13 ignating by solid waste management districts, a

14 resolution of intent to establish designation with

15 a list of facilities for which designation is in16 tended.

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

18 ‘designate’, ‘designated’, ‘designation’ or ‘designat19 ing’ mean a requirement of a State or qualified po20 litical subdivision, and the act of a State or qualified

21 political subdivision, to require that all or any por22 tion of the municipal solid waste that is generated

23 within the boundaries of the State or qualified politi24 cal subdivision be delivered to a waste management

25 facility identified by a State or qualified political
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1 subdivision, and specifically includes put or pay

2 agreements of the type described in paragraph

3 (1)(F).

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

5 ‘flow control authority’ means the authority to con6 trol the movement of solid waste or recyclable mate7 rials and direct such waste or recyclable materials to

8 one or more designated waste management facilities

9 or facilities for recyclable materials.

10 ‘‘(4) INDUSTRIAL SOLID WASTE.—The term ‘in11 dustrial solid waste’ means solid waste generated by

12 manufacturing or industrial processes, including

13 waste generated during scrap processing and scrap

14 recycling, that is not hazardous waste regulated

15 under subtitle C. ‘Industrial solid waste’ does not in16 clude municipal solid waste specified in paragraph

17 (5)(A)(iii).

18 ‘‘(5) MUNICIPAL SOLID WASTE.—

19 ‘‘(A) IN GENERAL.—Subject to the limita20 tions of subsection (b)(3), the term ‘municipal

21 solid waste’ means—

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

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

2 by a commercial, institutional, or industrial

3 source;

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

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

10 pit, or cesspool, other than from portable

11 toilets; and

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

14 if it is collected, processed or disposed with

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

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

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

20 ‘‘(i) Hazardous waste required to be

21 managed in accordance with subtitle C

22 (other than waste described in subpara23 graph (A)(v)), solid waste containing a

24 polychlorinated biphenyl regulated under

25 the Toxic Substances Control Act (15
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1 U.S.C. 2601 et seq.), or medical waste list2 ed in section 11002.

3 ‘‘(ii)(I) A recyclable material.

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

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

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

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

12 an out-of-date or unmarketable material or

13 product, or is a material or product that

14 does not conform to specifications, and

15 that is returned to the manufacturer or the

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

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

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

22 response action taken under section 104 or

23 106 of the Comprehensive Environmental

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

2 corrective action taken under this Act.

3 ‘‘(iv) (I) Industrial solid waste.

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

7 storage, or disposal to a facility that is

8 owned or operated by the generator of the

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

11 ‘‘(6) QUALIFIED POLITICAL SUBDIVISION.—The

12 term ‘qualified political subdivision’ means a govern13 mental entity or political subdivision of a State, as

14 authorized by the State, to plan for, or determine

15 the methods to be utilized for, the collection, trans16 portation, disposal or other management of munici17 pal solid waste generated within the boundaries of

18 the area served by the governmental entity or politi19 cal subdivision.

20 ‘‘(7) RECYCLABLE MATERIAL.—The term ‘recy21 clable material’ means any material (including any

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

23 other material) that has been separated, or diverted

24 at the point of generation, from solid waste for the

25 purpose of recycling, reclamation, or reuse.
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1 ‘‘(8) SOLID WASTE MANAGEMENT PLAN.—The

2 term ‘solid waste management plan’ means a plan

3 for the transportation, treatment, processing,

4 composting, combustion, disposal or other manage5 ment of municipal solid waste, adopted by a State

6 or qualified political subdivision pursuant to and

7 conforming with State law.

8 ‘‘(9) WASTE MANAGEMENT FACILITY.—The

9 term ‘waste management facility’ means any facility

10 or facilities in which municipal solid waste, inciner11 ator ash from a solid waste incineration unit, or con12 struction debris or demolition debris is separated,

13 stored, transferred, treated, processed, combusted,

14 deposited or disposed.

15 ‘‘(10) EXISTING WASTE MANAGEMENT FACIL16 ITY.—The term ‘existing waste management facility’

17 means a facility under construction or in operation

18 as of May 15, 1994.

19 ‘‘(11) PROPOSED WASTE MANAGEMENT FACIL20 ITY.—The term ‘proposed waste management facil21 ity’ means a facility that has been specifically identi22 fied and designated, but that was not under con23 struction, as of May 15, 1994.
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1 ‘‘(12) FUTURE WASTE MANAGEMENT FACIL2 ITY.—The term ‘future waste management facility’

3 means any other waste management facility.’’.

4 SEC. 203. TABLE OF CONTENTS AMENDMENT.

5 The table of contents in section 1001 of the Solid

6 Waste Disposal Act (42 U.S.C. prec. 6901) is amended

7 by adding after the item relating to section 4011 the fol8 lowing new item:

‘‘Sec. 4011. Congressional authorization of State control over transportation,

management and disposal of municipal solid waste.’’.

Æ