104TH CONGRESS

1ST SESSION S. 534

AN ACT

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Interstate Transpor5 tation of Municipal Solid Waste Act of 1995’’.
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1 TITLE I—INTERSTATE WASTE

2 SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL

3 SOLID WASTE.

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

5 Disposal Act (42 U.S.C. 6941 et seq.) is amended by add6 ing 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 MU10 NICIPAL SOLID WASTE.—(1) Except as provided in para11 graph (4), immediately upon the date of enactment of this

12 section if requested in writing by an affected local govern13 ment, a Governor may prohibit the disposal of out-of-State

14 municipal solid waste in any landfill or incinerator that

15 is not covered by the exceptions provided in subsection (b)

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

17 the affected local government.

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

20 in paragraph (6)(C) and notwithstanding the absence of

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

22 Governor, 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 ex25 ceptions provided in subsection (b) that is subject to the
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1 jurisdiction of the Governor, to an annual amount equal

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

3 solid waste received for disposal at such landfill or inciner4 ator during calendar year 1993.

5 ‘‘(3)(A) Except as provided in paragraph (4), any

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

8 under this paragraph on the amount of out-of-State mu9 nicipal solid waste received for disposal at landfills and

10 incinerators in the importing State as follows:

11 ‘‘(i) In calendar year 1996, 95 percent of the

12 amount exported to the State in calendar year 1993.

13 ‘‘(ii) In calendar years 1997 through 2002, 95

14 percent of the amount exported to the State in the

15 previous year.

16 ‘‘(iii) In calendar year 2003, and each succeed17 ing year, the limit shall be 65 percent of the amount

18 exported in 1993.

19 ‘‘(iv) No exporting State shall be required

20 under this subparagraph to reduce its exports to any

21 importing State below the proportionate amount es22 tablished herein.

23 ‘‘(B)(i) No State may export to landfills or inciner24 ators in any 1 State that are not covered by host commu25 nity agreements or permits authorizing receipt of out-of-
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1 State municipal solid waste more than the following

2 amounts of municipal solid waste:

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

4 1,400,000 tons or 90 percent of the amount ex5 ported to the State in calendar year 1993.

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

7 1,300,000 tons or 90 percent of the amount ex8 ported to the State in calendar year 1996.

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

10 1,200,000 tons or 90 percent of the amount ex11 ported to the State in calendar year 1997.

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

13 1,100,000 tons or 90 percent of the amount ex14 ported to the State in calendar year 1998.

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

16 ‘‘(VI) In calendar year 2001, 750,000 tons.

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

18 year thereafter, 550,000 tons.

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

20 action to restrict levels of imports to reflect the appro21 priate level of out-of-State municipal solid waste imports

22 if—

23 ‘‘(I) the Governor of the importing State has

24 notified the Governor of the exporting State and the

25 Administrator, 12 months prior to taking any such
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1 action, of the importing State’s intention to impose

2 the requirements of this section;

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

4 notified the Governor of the exporting State and the

5 Administrator of the violation by the exporting State

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

7 such action; and

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

9 of the importing State are uniform at all facilities

10 and the Governor of the importing State may only

11 apply subparagraph (A) or (B) but not both.

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

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

14 permissible levels as determined by the Administrator

15 under paragraph (6)(C).

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

17 granted under this section if such action would result in

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

19 the terms of a host community agreement or a permit is20 sued from the State to receive out-of-State municipal solid

21 waste.

22 ‘‘(B) Except as provided in paragraph (3), a Gov23 ernor may not exercise the authority granted under this

24 section in a manner that would require any owner or oper25 ator of a landfill or incinerator covered by the exceptions
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1 provided in subsection (b) to reduce the amount of out2 of-State municipal solid waste received from any State for

3 disposal at such landfill or incinerator to an annual quan4 tity less than the amount received from such State for dis5 posal at such landfill or incinerator during calendar year

6 1993.

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

8 paragraph (2) or (3)—

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

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

11 against any particular landfill or incinerator within

12 the State; and

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

14 against any shipments of out-of-State municipal

15 solid waste on the basis of place of origin and all

16 such limitations shall be applied to all States in vio17 lation of paragraph (3).

18 ‘‘(6) ANNUAL STATE REPORT.—

19 ‘‘(A) IN GENERAL.—Within 90 days after en20 actment of this section and on April 1 of each year

21 thereafter the owner or operator of each landfill or

22 incinerator receiving out-of-State municipal solid

23 waste shall submit to the affected local government

24 and to the Governor of the State in which the land25 fill or incinerator is located, information specifying
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1 the amount and State of origin of out-of-State mu2 nicipal solid waste received for disposal during the

3 preceding calendar year, and the amount of waste

4 that was received pursuant to host community

5 agreements or permits authorizing receipt of out-of6 State municipal solid waste. Within 120 days after

7 enactment of this section and on May 1 of each year

8 thereafter each State shall publish and make avail9 able to the Administrator, the Governor of the State

10 of origin and the public, a report containing infor11 mation on the amount of out-of-State municipal

12 solid waste received for disposal in the State during

13 the preceding calendar year.

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

15 in this section shall be such as would result in crimi16 nal penalties in case of false or misleading informa17 tion. Such information shall include the amount of

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

19 the generator, the date of the shipment, and the

20 type of out-of-State municipal solid waste. States

21 making submissions referred to in this section to the

22 Administrator shall notice these submissions for

23 public review and comment at the State level before

24 submitting them to the Administrator.
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1 ‘‘(C) LIST.—The Administrator shall publish a

2 list of importing States and the out-of-State munici3 pal solid waste received from each State at landfills

4 or incinerators not covered by host community

5 agreements or permits authorizing receipt of out-of6 State municipal solid waste. The list for any cal7 endar year shall be published by June 1 of the fol8 lowing calendar year.

9 For purposes of developing the list required in this section,

10 the Administrator shall be responsible for collating and

11 publishing only that information provided to the Adminis12 trator by States pursuant to this section. The Adminis13 trator shall not be required to gather additional data over

14 and above that provided by the States pursuant to this

15 section, nor to verify data provided by the States pursuant

16 to this section, nor to arbitrate or otherwise entertain or

17 resolve disputes between States or other parties concern18 ing interstate movements of municipal solid waste. Any

19 actions by the Administrator under this section shall be

20 final and not subject to judicial review.

21 ‘‘(D) SAVINGS PROVISION.—Nothing in this

22 subsection shall be construed to preempt any State

23 requirement that requires more frequent reporting of

24 information.
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1 ‘‘(7) Any affected local government that intends to

2 submit a request under paragraph (1) or take formal ac3 tion to enter into a host community agreement after the

4 date of enactment of this subsection shall, prior to taking

5 such action—

6 ‘‘(A) notify the Governor, contiguous local gov7 ernments, and any contiguous Indian tribes;

8 ‘‘(B) publish notice of the action in a news9 paper of general circulation at least 30 days before

10 taking such action;

11 ‘‘(C) provide an opportunity for public com12 ment; and

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

14 action on any proposed request or action at a public

15 meeting.

16 ‘‘(8) Any owner or operator seeking a host commu17 nity agreement after the date of enactment of this sub18 section shall provide to the affected local government the

19 following information, which shall be made available to the

20 public from the affected local government:

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

22 including a description of the facility size, ultimate

23 waste capacity, and anticipated monthly and yearly

24 waste quantities to be handled.
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1 ‘‘(B) A map of the facility site that indicates

2 the location of the facility in relation to the local

3 road system and topographical and hydrological fea4 tures and any buffer zones and facility units to be

5 acquired by the owner or operator of the facility.

6 ‘‘(C) A description of the existing environ7 mental conditions at the site, and any violations of

8 applicable laws or regulations.

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

10 be utilized at the facility.

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

12 be employed, and roadway improvements to be

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

14 of the timing and extent of increased local truck

15 traffic.

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

17 local permits.

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

19 or Federal law to be provided with respect to any

20 violations of environmental laws (including regula21 tions) by the owner and operator, the disposition of

22 enforcement proceedings taken with respect to the

23 violations, and corrective measures taken as a result

24 of the proceedings.
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1 ‘‘(H) Any information that is required by State

2 or Federal law to be provided with respect to compli3 ance by the owner or operator with the State solid

4 waste management plan.

5 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

6 OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1) The au7 thority to prohibit the disposal of out-of-State municipal

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

9 apply to landfills and incinerators in operation on the date

10 of enactment of this section that—

11 ‘‘(A) received during calendar year 1993 docu12 mented shipments of out-of-State municipal solid

13 waste; and

14 ‘‘(B)(i) in the case of landfills, are in compli15 ance with all applicable Federal and State laws and

16 regulations relating to operation, design and location

17 standards, leachate collection, ground water monitor18 ing, and financial assurance for closure and post-clo19 sure and corrective action; or

20 ‘‘(ii) in the case of incinerators, are in compli21 ance with the applicable requirements of section 129

22 of the Clean Air Act (42 U.S.C. 7429) and applica23 ble State laws and regulations relating to facility de24 sign and operations.
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1 ‘‘(2) A Governor may not prohibit the disposal of out2 of-State municipal solid waste pursuant to subsection

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

4 in compliance with applicable Federal and State laws and

5 regulations unless disposal of municipal solid waste gen6 erated within the State at such facilities is also prohibited.

7 ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF8 STATE MUNICIPAL SOLID WASTE.—(1) In any case in

9 which an affected local government is considering entering

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

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

12 waste under such agreement would preclude the use of

13 municipal solid waste management capacity described in

14 paragraph (2), the Governor of the State in which the af15 fected local government is located may prohibit the execu16 tion of such host community agreement with respect to

17 that capacity.

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

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

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

21 law;

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

23 and

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

25 between the owner or operator and another party
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1 has been made for its use for disposal or inciner2 ation of municipal solid waste generated within the

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

4 the local government is located.

5 ‘‘(d) COST RECOVERY SURCHARGE.—

6 ‘‘(1) AUTHORITY.—A State described in para7 graph (2) may adopt a law and impose and collect

8 a cost recovery charge on the processing or disposal

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

10 accordance with this subsection.

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

12 a cost recovery surcharge under this subsection ap13 plies to any State that on or before April 3, 1994,

14 imposed and collected a special fee on the processing

15 or disposal of out-of-State municipal solid waste pur16 suant to a State law.

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

18 or collect a cost recovery surcharge from a facility

19 on any out-of-State municipal solid waste that is

20 being received at the facility under 1 or more con21 tracts entered into after April 3, 1994, and before

22 the date of enactment of this section.

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

24 the cost recovery surcharge may be no greater than

25 the amount necessary to recover those costs deter-
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1 mined in conformance with paragraph (6) and in no

2 event may exceed $1.00 per ton of waste.

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

4 cost recovery surcharges collected by a State covered

5 by this subsection shall be used to fund those solid

6 waste management programs administered by the

7 State or its political subdivision that incur costs for

8 which the surcharge is collected.

9 ‘‘(6) CONDITIONS.—(A) Subject to subpara10 graphs (B) and (C), a State covered by this sub11 section may impose and collect a cost recovery sur12 charge on the processing or disposal within the State

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

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

15 State arising from the processing or disposal

16 within the State of a volume of municipal solid

17 waste from a source outside the State;

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

19 to the State demonstrated under clause (i) that,

20 if not paid for through the surcharge, would

21 otherwise have to be paid or subsidized by the

22 State; and

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

24 not discriminatory.
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1 ‘‘(B) In no event shall a cost recovery surcharge

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

3 which recovery is sought is otherwise paid, recov4 ered, or offset by any other fee or tax paid to the

5 State or its political subdivision or to the extent that

6 the amount of the surcharge is offset by voluntarily

7 agreed payments to a State or its political subdivi8 sion in connection with the generation, transpor9 tation, treatment, processing, or disposal of solid

10 waste.

11 ‘‘(C) The grant of a subsidy by a State with re12 spect to entities disposing of waste generated within

13 the State does not constitute discrimination for pur14 poses of subparagraph (A)(iii).

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

16 ‘‘(A) The term ‘costs’ means the costs in17 curred by the State for the implementation of

18 its laws governing the processing or disposal of

19 municipal solid waste, limited to the issuance of

20 new permits and renewal of or modification of

21 permits, inspection and compliance monitoring,

22 enforcement, and costs associated with technical

23 assistance, data management, and collection of

24 fees.
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1 ‘‘(B) The term ‘processing’ means any ac2 tivity to reduce the volume of solid waste or

3 alter its chemical, biological or physical state,

4 through processes such as thermal treatment,

5 bailing, composting, crushing, shredding, sepa6 ration, or compaction.

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

8 be interpreted or construed—

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

10 contracts; or

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

12 government to protect public health and the environ13 ment through laws, regulations, and permits, includ14 ing the authority to limit the total amount of munic15 ipal solid waste that landfill or incinerator owners or

16 operators within the jurisdiction of a State may ac17 cept during a prescribed period: Provided That such

18 limitations do not discriminate between in-State and

19 out-of-State municipal solid waste, except to the ex20 tent authorized by this section.

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

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

23 used with respect to a landfill or incinerator,

24 means—
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1 ‘‘(i) the public body created by State law

2 with responsibility to plan for municipal solid

3 waste management, a majority of the members

4 of which are elected officials, for the area in

5 which the facility is located or proposed to be

6 located; or

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

8 township, borough, county, or parish exercising

9 primary responsibility over municipal solid

10 waste management or the use of land in the ju11 risdiction in which the facility is located or is

12 proposed to be located.

13 ‘‘(B)(i) Within 90 days after the date of enact14 ment of this section, a Governor may designate and

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

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

17 local government for actions taken under this section

18 and after publication of such notice.

19 ‘‘(ii) If a Governor fails to make and publish

20 notice of such a designation, the affected local gov21 ernment shall be the elected officials of the city,

22 town, township, borough, county, parish, or other

23 public body created pursuant to State law with pri24 mary jurisdiction over the land or the use of land on
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1 which the facility is located or is proposed to be lo2 cated.

3 ‘‘(C) For purposes of host community agree4 ments entered into before the date of publication of

5 the notice, the term means either a public body de6 scribed in subparagraph (A)(i) or the elected offi7 cials of any of the public bodies described in sub8 paragraph (A)(ii).

9 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

10 term ‘host community agreement’ means a written,

11 legally binding document or documents executed by

12 duly authorized officials of the affected local govern13 ment that specifically authorizes a landfill or inciner14 ator to receive municipal solid waste generated out

15 of State, but does not include any agreement to pay

16 host community fees for receipt of waste unless ad17 ditional express authorization to receive out-of-State

18 waste is also included.

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

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

21 solid waste generated outside of the State. Unless

22 the President determines it is inconsistent with the

23 North American Free Trade Agreement and the

24 General Agreement on Tariffs and Trade, the term

25 shall include municipal solid waste generated outside
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1 of the United States. Notwithstanding any other

2 provision of law, generators of municipal solid waste

3 outside the United States shall possess no greater

4 right of access to disposal facilities in a State than

5 United States generators of municipal solid waste

6 outside of that State.

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

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

9 general public or from a residential, commercial, in10 stitutional, or industrial source (or any combination

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

12 plastics, leather, rubber, or other combustible or

13 noncombustible materials such as metal or glass (or

14 any combination thereof). The term ‘municipal solid

15 waste’ does not include—

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

17 a hazardous waste under section 3001;

18 ‘‘(B) any solid waste, including contami19 nated soil and debris, resulting from a response

20 action taken under section 104 or 106 of the

21 Comprehensive Environmental Response, Com22 pensation, and Liability Act of 1980 (42 U.S.C.

23 9604 or 9606) or a corrective action taken

24 under this Act;
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1 ‘‘(C) any metal, pipe, glass, plastic, paper,

2 textile, or other material that has been sepa3 rated or diverted from municipal solid waste (as

4 otherwise defined in this paragraph) and has

5 been transported into a State for the purpose of

6 recycling or reclamation;

7 ‘‘(D) any solid waste that is—

8 ‘‘(i) generated by an industrial facil9 ity; and

10 ‘‘(ii) transported for the purpose of

11 treatment, storage, or disposal to a facility

12 that is owned or operated by the generator

13 of the waste, or is located on property

14 owned by the generator of the waste, or is

15 located on property owned by a company in

16 which the generator of the waste has an

17 ownership interest;

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

19 the provision of service in interstate, intrastate,

20 foreign, or overseas air transportation;

21 ‘‘(F) any industrial waste that is not iden22 tical to municipal solid waste (as otherwise de23 fined in this paragraph) with respect to the

24 physical and chemical state of the industrial
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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

19 ‘specifically authorizes’ refer to an explicit authoriza20 tion, contained in a host community agreement or

21 permit, to import waste from outside the State.

22 Such authorization may include a reference to a

23 fixed radius surrounding the landfill or incinerator

24 that includes an area outside the State or a ref25 erence to any place of origin, reference to specific
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1 places outside the State, or use of such phrases as

2 ‘regardless of origin’ or ‘outside the State’. The lan3 guage for such authorization may vary as long as it

4 clearly and affirmatively states the approval or con5 sent of the affected local government or State for re6 ceipt of municipal solid waste from sources outside

7 the State.

8 ‘‘(g) IMPLEMENTATION AND ENFORCEMENT.—Any

9 State may adopt such laws and regulations, not inconsist10 ent with this section, as are necessary to implement and

11 enforce this section, including provisions for penalties.’’.

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

13 of contents in section 1001 of the Solid Waste Disposal

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

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

16 item:

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

17 SEC. 102. NEEDS DETERMINATION.

18 The Governor of a State may accept, deny or modify

19 an application for a municipal solid waste management fa20 cility permit if—

21 (1) it is done in a manner that is not inconsist22 ent with the provisions of this section;

23 (2) a State law enacted in 1990 and a regula24 tion adopted by the governor in 1991 specifically re25 quires the permit applicant to demonstrate that
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1 there is a local or regional need within the State for

2 the facility; and

3 (3) the permit applicant fails to demonstrate

4 that there is a local or regional need within the

5 State for the facility.

6 TITLE II—FLOW CONTROL

7 SEC. 201. SHORT TITLE.

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

9 Flow Control Act of 1995’’.

10 SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF

11 MOVEMENT OF MUNICIPAL SOLID WASTE

12 AND RECYCLABLE MATERIAL.

13 Subtitle D of the Solid Waste Disposal Act (42

14 U.S.C. 6941 et seq.), as amended by section 101, is

15 amended by adding after section 4011 the following new

16 section:

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

18 MOVEMENT OF MUNICIPAL SOLID WASTE

19 AND RECYCLABLE MATERIAL.

20 ‘‘(a) DEFINITIONS.—In this section:

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

22 ‘designate’ and ‘designation’ refer to an authoriza23 tion by a State, political subdivision, or public serv24 ice authority, and the act of a State, political sub25 division, or public service authority in requiring or
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1 contractually committing, that all or any portion of

2 the municipal solid waste or recyclable material that

3 is generated within the boundaries of the State, po4 litical subdivision, or public service authority be de5 livered to waste management facilities or facilities

6 for recyclable material or a public service authority

7 identified by the State, political subdivision, or pub8 lic service authority.

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

10 ‘flow control authority’ means the authority to con11 trol the movement of municipal solid waste or volun12 tarily relinquished recyclable material and direct

13 such solid waste or voluntarily relinquished recycla14 ble material to a designated waste management fa15 cility or facility for recyclable material.

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

17 ‘municipal solid waste’ means—

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

19 public or from a residential, commercial, insti20 tutional, or industrial source, consisting of

21 paper, wood, yard waste, plastics, leather, rub22 ber, and other combustible material and

23 noncombustible material such as metal and

24 glass, including residue remaining after recycla25 ble material has been separated from waste des-
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1 tined for disposal, and including waste material

2 removed from a septic tank, septage pit, or

3 cesspool (other than from portable toilets); but

4 ‘‘(B) does not include—

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

6 hazardous waste under section 3001 of this

7 Act or waste regulated under the Toxic

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

9 et seq.);

10 ‘‘(ii) waste, including contaminated

11 soil and debris, resulting from a response

12 action taken under section 104 or 106 of

13 the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of

15 1980 (42 U.S.C. 9604, 9606) or any cor16 rective action taken under this Act;

17 ‘‘(iii) medical waste listed in section

18 11002;

19 ‘‘(iv) industrial waste generated by

20 manufacturing or industrial processes, in21 cluding waste generated during scrap proc22 essing and scrap recycling;

23 ‘‘(v) recyclable material; or

24 ‘‘(vi) sludge.
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1 ‘‘(4) PUBLIC SERVICE AUTHORITY.—The term

2 ‘public service authority’ means—

3 ‘‘(A) an authority or authorities created

4 pursuant to State legislation to provide individ5 ually or in combination solid waste management

6 services to political subdivisions;

7 ‘‘(B) other body created pursuant to State

8 law; or

9 ‘‘(C) an authority that was issued a certifi10 cate of incorporation by a State corporation

11 commission established by a State constitution.

12 ‘‘(5) PUT OR PAY AGREEMENT.—(A) The term

13 ‘put or pay agreement’ means an agreement that ob14 ligates or otherwise requires a State or political sub15 division to—

16 ‘‘(i) deliver a minimum quantity of munici17 pal solid waste to a waste management facility;

18 and

19 ‘‘(ii) pay for that minimum quantity of

20 municipal solid waste even if the stated mini21 mum quantity of municipal solid waste is not

22 delivered within a required period of time.

23 ‘‘(B) For purposes of the authority conferred

24 by subsections (b) and (c), the term ‘legally binding

25 provision of the State or political subdivision’ in-
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1 cludes a put or pay agreement that designates waste

2 to a waste management facility that was in oper3 ation on or before December 31, 1988 and that re4 quires an aggregate tonnage to be delivered to the

5 facility during each operating year by the political

6 subdivisions which have entered put or pay agree7 ments designating that waste management facility.

8 ‘‘(C) The entering into of a put or pay agree9 ment shall be considered to be a designation (as de10 fined in subsection (a)(1)) for all purposes of this

11 title.

12 ‘‘(6) RECYCLABLE MATERIAL.—The term ‘recy13 clable material’ means material that has been sepa14 rated from waste otherwise destined for disposal (at

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

16 or has been managed separately from waste destined

17 for disposal, for the purpose of recycling, reclama18 tion, composting of organic material such as food

19 and yard waste, or reuse (other than for the purpose

20 of incineration).

21 ‘‘(7) 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.
28

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1 ‘‘(b) AUTHORITY.—

2 ‘‘(1) IN GENERAL.—Each State, political sub3 division of a State, and public service authority may

4 exercise flow control authority for municipal solid

5 waste and for recyclable material voluntarily relin6 quished by the owner or generator of the material

7 that is generated within its jurisdiction by directing

8 the municipal solid waste or recyclable material to a

9 waste management facility or facility for recyclable

10 material, if such flow control authority—

11 ‘‘(A)(i) had been exercised prior to May

12 15, 1994, and was being implemented on May

13 15, 1994, pursuant to a law, ordinance, regula14 tion, or other legally binding provision of the

15 State or political subdivision; or

16 ‘‘(ii) had been exercised prior to May 15,

17 1994, but implementation of such law, ordi18 nance, regulation, or other legally binding provi19 sion of the State or political subdivision was

20 prevented by an injunction, temporary restrain21 ing order, or other court action, or was sus22 pended by the voluntary decision of the State or

23 political subdivision because of the existence of

24 such court action;
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1 ‘‘(B) has been implemented by designating

2 before May 15, 1994, the particular waste man3 agement facilities or public service authority to

4 which the municipal solid waste or recyclable

5 material is to be delivered, which facilities were

6 in operation as of May 15, 1994, or were in op7 eration prior to May 15, 1994 and were tempo8 rarily inoperative on May 15, 1994.

9 ‘‘(2) LIMITATION.—The authority of this sec10 tion extends only to the specific classes or categories

11 of municipal solid waste to which flow control au12 thority requiring a movement to a waste manage13 ment facility was actually applied on or before May

14 15, 1994 (or, in the case of a State, political sub15 division, or public service authority that qualifies

16 under subsection (c), to the specific classes or cat17 egories of municipal solid waste for which the State,

18 political subdivision, or public service authority prior

19 to May 15, 1994, had committed to the designation

20 of a waste management facility).

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

22 regard to facilities granted flow control authority

23 under subsection (c), if the specific classes or cat24 egories of municipal solid waste are not clearly iden-
30

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1 tified, the authority of this section shall apply only

2 to municipal solid waste generated by households.

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

4 to each designated waste management facility, the

5 authority of this section shall be effective until the

6 later of—

7 ‘‘(A) the end of the remaining life of a con8 tract between the State, political subdivision, or

9 public service authority and any other person

10 regarding the movement or delivery of munici11 pal solid waste or voluntarily relinquished recy12 clable material to a designated facility (as in ef13 fect May 15, 1994);

14 ‘‘(B) completion of the schedule for pay15 ment of the capital costs of the facility con16 cerned (as in effect May 15, 1994); or

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

18 the facility (as in existence on the date of en19 actment of this section), as that remaining life

20 may be extended by—

21 ‘‘(i) retrofitting of equipment or the

22 making of other significant modifications

23 to meet applicable environmental require24 ments or safety requirements;
31

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1 ‘‘(ii) routine repair or scheduled re2 placement of equipment or components

3 that does not add to the capacity of a

4 waste management facility; or

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

6 that is—

7 ‘‘(I) legally or equitably owned,

8 or under option to purchase or lease,

9 by the owner or operator of the facil10 ity; and

11 ‘‘(II) covered by the permit for

12 the facility (as in effect May 15,

13 1994).

14 ‘‘(5) ADDITIONAL AUTHORITY.—

15 ‘‘(A) APPLICATION OF PARAGRAPH.—This

16 paragraph applies to a State or political sub17 division of a State that, on or before January

18 1, 1984—

19 ‘‘(i) adopted regulations under State

20 law that required the transportation to,

21 and management or disposal at, waste

22 management facilities in the State, of—

23 ‘‘(I) all solid waste from residen24 tial, commercial, institutional, or in-
32

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1 dustrial sources (as defined under

2 State law); and

3 ‘‘(II) recyclable material volun4 tarily relinquished by the owner or

5 generator of the recyclable material;

6 and

7 ‘‘(ii) as of January 1, 1984, had im8 plemented those regulations in the case of

9 every political subdivision of the State.

10 ‘‘(B) AUTHORITY.—Notwithstanding any11 thing to the contrary in this section (including

12 subsection (m)), a State or political subdivision

13 of a State described in subparagraph (A) may

14 continue to exercise flow control authority (in15 cluding designation of waste management facili16 ties in the State that meet the requirements of

17 subsection (c)) for all classes and categories of

18 solid waste that were subject to flow control on

19 January 1, 1984.

20 ‘‘(6) FLOW CONTROL ORDINANCE.—Notwith21 standing anything to the contrary in this section,

22 but subject to subsection (m), any political subdivi23 sion which adopted a flow control ordinance in No24 vember 1991, and designated facilities to receive

25 municipal solid waste prior to April 1, 1992, may ex-
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1 ercise flow control authority until the end of the re2 maining life of all contracts between the political

3 subdivision and any other persons regarding the

4 movement or delivery of municipal solid waste or vol5 untarily relinquished recyclable material to a des6 ignated facility (as in effect May 15, 1994). Such

7 authority shall extend only to the specific classes or

8 categories of municipal solid waste to which flow

9 control authority was actually applied on or before

10 May 15, 1994. The authority under this subsection

11 shall be exercised in accordance with section

12 4012(b)(4).

13 ‘‘(c) COMMITMENT TO CONSTRUCTION.—

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

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

16 State may exercise flow control authority under sub17 section (b), if—

18 ‘‘(A)(i) the law, ordinance, regulation, or

19 other legally binding provision specifically pro20 vides for flow control authority for municipal

21 solid waste generated within its boundaries; and

22 ‘‘(ii) such authority was exercised prior to

23 May 15, 1995, and was being implemented on

24 May 15, 1994.
34

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

2 subdivision committed to the designation of the

3 particular waste management facilities or public

4 service authority to which municipal solid waste

5 is to be transported or at which municipal solid

6 waste is to be disposed of under that law, ordi7 nance, regulation, plan, or legally binding provi8 sion.

9 ‘‘(2) FACTORS DEMONSTRATING COMMIT10 MENT.—A commitment to the designation of waste

11 management facilities or public service authority is

12 demonstrated by 1 or more of the following factors:

13 ‘‘(A) CONSTRUCTION PERMITS.—All per14 mits required for the substantial construction of

15 the facility were obtained prior to May 15,

16 1994.

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

18 substantial construction of the facility were in

19 effect prior to May 15, 1994.

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

21 1994, revenue bonds were presented for sale to

22 specifically provide revenue for the construction

23 of the facility.

24 ‘‘(D) CONSTRUCTION AND OPERATING

25 PERMITS.—The State or political subdivision
35

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1 submitted to the appropriate regulatory agency

2 or agencies, on or before May 15, 1994, sub3 stantially complete permit applications for the

4 construction and operation of the facility.

5 ‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT

6 DISTRICT TO PURCHASE AND OPERATE EXISTING FACIL7 ITY.—Notwithstanding subsection (b)(1) (A) and (B), a

8 solid waste management district that was formed by a

9 number of political subdivisions for the purpose of pur10 chasing and operating a facility owned by 1 of the political

11 subdivisions may exercise flow control authority under

12 subsection (b) if—

13 ‘‘(1) the facility was fully licensed and in oper14 ation prior to May 15, 1994;

15 ‘‘(2) prior to April 1, 1994, substantial negotia16 tions and preparation of documents for the forma17 tion of the district and purchase of the facility were

18 completed;

19 ‘‘(3) prior to May 15, 1994, at least 80 percent

20 of the political subdivisions that were to participate

21 in the solid waste management district had adopted

22 ordinances committing the political subdivisions to

23 participation and the remaining political subdivisions

24 adopted such ordinances within 2 months after that

25 date; and
36

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1 ‘‘(3) the financing was completed, the acquisi2 tion was made, and the facility was placed under op3 eration by the solid waste management district by

4 September 21, 1994.

5 ‘‘(e) CONSTRUCTED AND OPERATED.—A political

6 subdivision of a State may exercise flow control authority

7 for municipal solid waste and for recyclable material vol8 untarily relinquished by the owner or generator of the ma9 terial that is generated within its jurisdiction if—

10 ‘‘(1) prior to May 15, 1994, the political sub11 division—

12 ‘‘(A) contracted with a public service au13 thority or with its operator to deliver or cause

14 to be delivered to the public service authority

15 substantially all of the disposable municipal

16 solid waste that is generated or collected by or

17 is within or under the control of the political

18 subdivision, in order to support revenue bonds

19 issued by and in the name of the public service

20 authority or on its behalf by a State entity for

21 waste management facilities; or

22 ‘‘(B) entered into contracts with a public

23 service authority or its operator to deliver or

24 cause to be delivered to the public service au25 thority substantially all of the disposable munic-
37

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1 ipal solid waste that is generated or collected by

2 or within the control of the political subdivision,

3 which imposed flow control pursuant to a law,

4 ordinance, regulation, or other legally binding

5 provision and where outstanding revenue bonds

6 were issued in the name of public service au7 thorities for waste management facilities; and

8 ‘‘(2) prior to May 15, 1994, the public service

9 authority—

10 ‘‘(A) issued the revenue bonds or had is11 sued on its behalf by a State entity for the con12 struction of municipal solid waste facilities to

13 which the political subdivision’s municipal solid

14 waste is transferred or disposed; and

15 ‘‘(B) commenced operation of the facilities.

16 The authority under this subsection shall be exercised in

17 accordance with section 4012(b)(4).

18 ‘‘(f) STATE-MANDATED DISPOSAL SERVICES.—A po19 litical subdivision of a State may exercise flow control au20 thority for municipal solid waste and for recyclable mate21 rial voluntarily relinquished by the owner or generator of

22 the material that is generated within its jurisdiction if,

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

24 ‘‘(1) was responsible under State law for pro25 viding for the operation of solid waste facilities to
38

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1 serve the disposal needs of all incorporated and un2 incorporated areas of the county;

3 ‘‘(2) is required to initiate a recyclable mate4 rials recycling program in order to meet a municipal

5 solid waste reduction goal of at least 30 percent;

6 ‘‘(3) has been authorized by State statute to ex7 ercise flow control authority and had implemented

8 the authority through the adoption or execution of

9 a law, ordinance, regulation, contract, or other le10 gally binding provision;

11 ‘‘(4) had incurred, or caused a public service

12 authority to incur, significant financial expenditures

13 to comply with State law and to repay outstanding

14 bonds that were issued specifically for the construc15 tion of solid waste management facilities to which

16 the political subdivision’s waste is to be delivered;

17 and

18 ‘‘(5) the authority under this subsection shall

19 be exercised in accordance with section 4012(b)(4).

20 ‘‘(g) STATE SOLID WASTE DISTRICT AUTHORITY.—

21 A solid waste district or a political subdivision of a State

22 may exercise flow control authority for municipal solid

23 waste and for recyclable material voluntarily relinquished

24 by the owner or generator of the material that is generated

25 within its jurisdiction if—
39

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1 ‘‘(1) the solid waste district, political subdivi2 sion or municipality within said district is currently

3 required to initiate a recyclable materials recycling

4 program in order to meet a municipal solid waste re5 duction goal of at least 30 percent by the year 2005,

6 and uses revenues generated by the exercise of flow

7 control authority strictly to implement programs to

8 manage municipal solid waste, other than develop9 ment of incineration; and

10 ‘‘(2) prior to May 15, 1994, the solid waste dis11 trict, political subdivision or municipality within said

12 district—

13 ‘‘(A) was responsible under State law for

14 the management and regulation of the storage,

15 collection, processing, and disposal of solid

16 wastes within its jurisdiction;

17 ‘‘(B) was authorized by State statute (en18 acted prior to January 1, 1992) to exercise flow

19 control authority, and subsequently adopted or

20 sought to exercise the authority through a law,

21 ordinance, regulation, regulatory proceeding,

22 contract, franchise, or other legally binding pro23 vision; and

24 ‘‘(C) was required by State statute (en25 acted prior to January 1, 1992) to develop and
40

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1 implement a solid waste management plan con2 sistent with the State solid waste management

3 plan, and the district solid waste management

4 plan was approved by the appropriate State

5 agency prior to September 15, 1994.

6 (h) STATE-AUTHORIZED SERVICES AND LOCAL PLAN

7 ADOPTION.—A political subdivision of a State may exer8 cise flow control authority for municipal solid waste and

9 for recyclable material voluntarily relinquished by the

10 owner or generator of the material that is generated with11 in its jurisdiction if, prior to May 15, 1994, the political

12 subdivision—

13 (1) had been authorized by State statute which

14 specifically named the political subdivision to exer15 cise flow control authority and had implemented the

16 authority through a law, ordinance, regulation, con17 tract, or other legally binding provision; and

18 (2) had adopted a local solid waste management

19 plan pursuant to State statute and was required by

20 State statute to adopt such plan in order to submit

21 a complete permit application to construct a new

22 solid waste management facility proposed in such

23 plan; and

24 (3) had presented for sale a revenue or general

25 obligation bond to provide for the site selection, per-
41

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1 mitting, or acquisition for construction of new facili2 ties identified and proposed in its local solid waste

3 management plan; and

4 (4) includes a municipality or municipalities re5 quired by State law to adopt a local law or ordinance

6 to require that solid waste which has been left for

7 collection shall be separated into recyclable, reusable

8 or other components for which economic markets

9 exist; and

10 (5) is in a State that has aggressively pursued

11 closure of substandard municipal landfills, both by

12 regulatory action and under statute designed to pro13 tect deep flow recharge areas in counties where pota14 ble water supplies are derived from sole source

15 aquifers.

16 ‘‘(i) RETAINED AUTHORITY.—

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

18 of municipal solid waste affected by this section, a

19 State or political subdivision may authorize the di20 version of all or a portion of the solid waste gen21 erated by the generator making the request to an al22 ternative solid waste treatment or disposal facility, if

23 the purpose of the request is to provide a higher

24 level of protection for human health and the environ25 ment or reduce potential future liability of the gen-
42

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1 erator under Federal or State law for the manage2 ment of such waste, unless the State or political sub3 division determines that the facility to which the mu4 nicipal solid waste is proposed to be diverted does

5 not provide a higher level of protection for human

6 health and the environment or does not reduce the

7 potential future liability of the generator under Fed8 eral or State law for the management of such waste.

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

10 (1) shall include information on the environmental

11 suitability of the proposed alternative treatment or

12 disposal facility and method, compared to that of the

13 designated facility and method.

14 ‘‘(j) LIMITATIONS ON REVENUE.—A State or politi15 cal subdivision may exercise flow control authority under

16 subsection (b), (c), (d), or (e) only if the State or political

17 subdivision certifies that the use of any of its revenues

18 derived from the exercise of that authority will be used

19 for solid waste management services or related landfill rec20 lamation.

21 ‘‘(k) REASONABLE REGULATION OF COMMERCE.—A

22 law, ordinance, regulation, or other legally binding provi23 sion or official act of a State or political subdivision, as

24 described in subsection (b), (c), (d), or (e), that imple25 ments flow control authority in compliance with this sec-
43

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1 tion shall be considered to be a reasonable regulation of

2 commerce retroactive to its date of enactment or effective

3 date and shall not be considered to be an undue burden

4 on or otherwise considered as impairing, restraining, or

5 discriminating against interstate commerce.

6 ‘‘(l) EFFECT ON EXISTING LAWS AND CONTRACTS.—

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

8 section shall be construed to have any effect on any

9 other law relating to the protection of human health

10 and the environment or the management of munici11 pal solid waste or recyclable material.

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

13 be construed to authorize a political subdivision of a

14 State to exercise the flow control authority granted

15 by this section in a manner that is inconsistent with

16 State law.

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

18 Nothing in this section—

19 ‘‘(A) authorizes a State or political subdivi20 sion of a State to require a generator or owner

21 of recyclable material to transfer recyclable ma22 terial to the State or political subdivision; or

23 ‘‘(B) prohibits a generator or owner of re24 cyclable material from selling, purchasing, ac25 cepting, conveying, or transporting recyclable
44

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1 material for the purpose of transformation or

2 remanufacture into usable or marketable mate3 rial, unless the generator or owner voluntarily

4 made the recyclable material available to the

5 State or political subdivision and relinquished

6 any right to, or ownership of, the recyclable ma7 terial.

8 ‘‘(m) REPEAL.—(1) Notwithstanding any provision

9 of this title, authority to flow control by directing munici10 pal solid waste or recyclable materials to a waste manage11 ment facility shall terminate on the date that is 30 years

12 after the date of enactment of this Act.

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

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

15 Disposal Act are repealed effective as of the date that is

16 30 years after the date of enactment of this Act.

17 ‘‘(n) TITLE NOT APPLICABLE TO LISTED FACILI18 TIES.—Notwithstanding any other provision of this title,

19 the authority to exercise flow control shall not apply to

20 any facility that—

21 ‘‘(1) on the date of enactment of this Act, is

22 listed on the National Priorities List under the Com23 prehensive Environmental, Response, Compensation

24 and Liability Act (42 U.S.C. 9601 et seq.); or
45

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1 ‘‘(2) as of May 15, 1994, was the subject of a

2 pending proposal by the Administrator of the Envi3 ronmental Protection Agency to be listed on the Na4 tional Priorities List.’’.

5 SEC. 203. TABLE OF CONTENTS AMENDMENT.

6 The table of contents for subtitle D in section 1001

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

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

9 the 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.’’.

10 TITLE III—GROUND WATER MONITORING

11 SEC. 301. GROUND WATER MONITORING.

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

13 Section 4010(c) of the Solid Waste Disposal Act (42

14 U.S.C. 6949a(c)) is amended—

15 (1) by striking ‘‘CRITERIA.—Not later’’ and in16 serting the following: ‘‘CRITERIA.—

17 ‘‘(1) IN GENERAL.—Not later’’; and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(2) ADDITIONAL REVISIONS.—Subject to para21 graph (2), the requirements of the criteria described

22 in paragraph (1) relating to ground water monitor23 ing shall not apply to an owner or operator of a new

24 municipal solid waste landfill unit, an existing mu-
46

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1 nicipal solid waste landfill unit, or a lateral expan2 sion of a municipal solid waste landfill unit, that dis3 poses of less than 20 tons of municipal solid waste

4 daily, based on an annual average, if—

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

6 contamination from the municipal solid waste

7 landfill unit or expansion; and

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

9 or expansion serves—

10 ‘‘(i) a community that experiences an

11 annual interruption of at least 3 consecu12 tive months of surface transportation that

13 prevents access to a regional waste man14 agement facility; or

15 ‘‘(ii) a community that has no prac16 ticable waste management alternative and

17 the landfill unit is located in an area that

18 annually receives less than or equal to 25

19 inches of precipitation.

20 ‘‘(3) PROTECTION OF GROUND WATER RE21 SOURCES.—

22 ‘‘(A) MONITORING REQUIREMENT.—A

23 State may require ground water monitoring of

24 a solid waste landfill unit that would otherwise

25 be exempt under paragraph (2) if necessary to
47

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1 protect ground water resources and ensure com2 pliance with a State ground water protection

3 plan, where applicable.

4 ‘‘(B) METHODS.—If a State requires

5 ground water monitoring of a solid waste land6 fill unit under subparagraph (A), the State may

7 allow the use of a method other than the use

8 of ground water monitoring wells to detect a re9 lease of contamination from the unit.

10 ‘‘(C) CORRECTIVE ACTION.—If a State

11 finds a release from a solid waste landfill unit,

12 the State shall require corrective action as ap13 propriate.

14 ‘‘(4) ALASKA NATIVE VILLAGES.—Upon certifi15 cation by the Governor of the State of Alaska that

16 application of the requirements of the criteria de17 scribed in paragraph (1) to a solid waste landfill

18 unit of a Native village (as defined in section 3 of

19 the Alaska Native Claims Settlement Act (16 U.S.C.

20 1602)) or unit that is located in or near a small, re21 mote Alaska village would be infeasible, or would not

22 be cost-effective, or is otherwise inappropriate be23 cause of the remote location of the unit, the State

24 may exempt the unit from some or all of those re25 quirements. This subsection shall apply only to solid
48

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1 waste landfill units that dispose of less than 20 tons

2 of municipal solid waste daily, based on an annual

3 average.

4 ‘‘(5) NO-MIGRATION EXEMPTION.—

5 ‘‘(A) IN GENERAL.—Ground water mon6 itoring requirements may be suspended by the

7 Director of an approved State for a landfill op8 erator if the operator demonstrates that there is

9 no potential for migration of hazardous con10 stituents from the unit to the uppermost aqui11 fer during the active life of the unit and the

12 post-closure care period.

13 ‘‘(B) CERTIFICATION.—A demonstration

14 under subparagraph (A) shall—

15 ‘‘(i) be certified by a qualified ground16 water scientist and approved by the Direc17 tor of an approved State.

18 ‘‘(C) GUIDANCE.—Not later than 6 months

19 after the date of enactment of this paragraph,

20 the Administrator shall issue a guidance docu21 ment to facilitate small community use of the

22 no migration exemption under this paragraph.

23 ‘‘(6) FURTHER REVISIONS OF GUIDELINES AND

24 CRITERIA.—Not later than April 9, 1997, the Ad25 ministrator shall promulgate revisions to the guide-
49

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1 lines and criteria promulgated under this subchapter

2 to allow States to promulgate alternate design, oper3 ating, landfill gas monitoring, financial assurance,

4 and closure requirements for landfills which receive

5 20 tons or less of municipal solid waste per day

6 based on an annual average: Provided That such al7 ternate requirements are sufficient to protect human

8 health and the environment.’’.

9 (b) REINSTATEMENT OF REGULATORY EXEMP10 TION.—It is the intent of section 4010(c)(2) of the Solid

11 Waste Disposal Act, as added by subsection (a), to imme12 diately reinstate subpart E of part 258 of title 40, Code

13 of Federal Regulations, as added by the final rule pub14 lished at 56 Federal Register 50798 on October 9, 1991.

15 TITLE IV—STATE OR REGIONAL SOLID

16 WASTE PLANS

17 SEC. 401. FINDING.

18 Section 1002(a) of the Solid Waste Disposal Act (42

19 U.S.C. 6901(a)) is amended—

20 (1) by striking the period at the end of para21 graph (4) and inserting ‘‘; and’’; and

22 (2) by adding at the end the following:

23 ‘‘(5) that the Nation’s improved standard of liv24 ing has resulted in an increase in the amount of

25 solid waste generated per capita, and the Nation has
50

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1 not given adequate consideration to solid waste re2 duction strategies.’’.

3 SEC. 402. OBJECTIVE OF SOLID WASTE DISPOSAL ACT.

4 Section 1003(a) of the Solid Waste Disposal Act (42

5 U.S.C. 6902(a)) is amended—

6 (1) by striking ‘‘and’’ at the end of paragraph

7 (10);

8 (2) by striking the period at the end of para9 graph (11) and inserting ‘‘; and’’; and

10 (3) by adding at the end the following:

11 ‘‘(12) promoting local and regional planning

12 for—

13 ‘‘(A) effective solid waste collection and

14 disposal; and

15 ‘‘(B) reducing the amount of solid waste

16 generated per capita through the use of solid

17 waste reduction strategies.’’.

18 SEC. 403. NATIONAL POLICY.

19 Section 1003(b) of the Solid Waste Disposal Act (42

20 U.S.C. 6902(b)) is amended by inserting ‘‘solid waste

21 and’’ after ‘‘generation of’’.

22 SEC. 404. OBJECTIVE OF SUBTITLE D OF SOLID WASTE DIS23 POSAL ACT.

24 Section 4001 of the Solid Waste Disposal Act (42

25 U.S.C. 6941) is amended by inserting ‘‘promote local and
51

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1 regional planning for effective solid waste collection and

2 disposal and for reducing the amount of solid waste gen3 erated per capita through the use of solid waste reduction

4 strategies, and’’ after ‘‘objectives of this subtitle are to’’.

5 SEC. 405. DISCRETIONARY STATE PLAN PROVISIONS.

6 Section 4003 of the Solid Waste Disposal Act (42

7 U.S.C. 6943) is amended by adding at the end the follow8 ing:

9 ‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING

10 TO SOLID WASTE REDUCTION GOALS, LOCAL AND RE11 GIONAL PLANS, AND ISSUANCE OF SOLID WASTE MAN12 AGEMENT PERMITS.—Except as provided in section

13 4011(a)(4), a State plan submitted under this subtitle

14 may include, at the option of the State, provisions for—

15 ‘‘(1) establishment of a State per capita solid

16 waste reduction goal, consistent with the goals and

17 objectives of this subtitle; and

18 ‘‘(2) establishment of a program that ensures

19 that local and regional plans are consistent with

20 State plans and are developed in accordance with

21 sections 4004, 4005, and 4006.’’.
52

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1 SEC. 406. PROCEDURE FOR DEVELOPMENT AND IMPLE2 MENTATION OF STATE PLANS.

3 Section 4006(b) of the Solid Waste Disposal Act (42

4 U.S.C. 6946(b)) is amended by inserting ‘‘and discre5 tionary plan provisions’’ after ‘‘minimum requirements’’.

6 TITLE V—GENERAL PROVISIONS

7 SEC. 501. BORDER STUDIES.

8 (a) DEFINITIONS.—In this section:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) MAQUILADORA.—The term ‘‘maquiladora’’

13 means an industry located in Mexico along the bor14 der between the United States and Mexico.

15 (3) SOLID WASTE.—The term ‘‘solid waste’’ has

16 the meaning provided the term under section

17 1004(27) of the Solid Waste Disposal Act (42

18 U.S.C. 6903(27)).

19 (b) IN GENERAL.—

20 (1) STUDY OF SOLID WASTE MANAGEMENT IS21 SUES ASSOCIATED WITH NORTH AMERICAN FREE

22 TRADE AGREEMENT.—As soon as practicable after

23 the date of enactment of this Act, the Administrator

24 is authorized to conduct a study of solid waste man25 agement issues associated with increased border use
53

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1 resulting from the implementation of the North

2 American Free Trade Agreement.

3 (2) STUDY OF SOLID WASTE MANAGEMENT IS4 SUES ASSOCIATED WITH UNITED STATES-CANADA

5 FREE-TRADE AGREEMENT.—As soon as practicable

6 after the date of enactment of this Act, the Adminis7 trator may conduct a similar study focused on bor8 der traffic of solid waste resulting from the imple9 mentation of the United States-Canada Free-Trade

10 Agreement, with respect to the border region be11 tween the United States and Canada.

12 (c) CONTENTS OF STUDY.—A study conducted under

13 this section shall provide for the following:

14 (1) A study of planning for solid waste treat15 ment, storage, and disposal capacity (including addi16 tional landfill capacity) that would be necessary to

17 accommodate the generation of additional household,

18 commercial, and industrial wastes by an increased

19 population along the border involved.

20 (2) A study of the relative impact on border

21 communities of a regional siting of solid waste stor22 age and disposal facilities.

23 (3) In the case of the study described in sub24 section (b)(1), research concerning methods of track25 ing of the transportation of—
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1 (A) materials from the United States to

2 maquiladoras; and

3 (B) waste from maquiladoras to a final

4 destination.

5 (4) In the case of the study described in sub6 section (b)(1), a determination of the need for solid

7 waste materials safety training for workers in Mex8 ico and the United States within the 100-mile zone

9 specified in the First Stage Implementation Plan

10 Report for 1992–1994 of the Integrated Environ11 mental Plan for the Mexico-United States Border,

12 issued by the Administrator in February 1992.

13 (5) A review of the adequacy of existing emer14 gency response networks in the border region in15 volved, including the adequacy of training, equip16 ment, and personnel.

17 (6) An analysis of solid waste management

18 practices in the border region involved, including an

19 examination of methods for promoting source reduc20 tion, recycling, and other alternatives to landfills.

21 (d) SOURCES OF INFORMATION.—In conducting a

22 study under this section, the Administrator shall, to the

23 extent allowable by law, solicit, collect, and use the follow24 ing information:
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1 (1) A demographic profile of border lands based

2 on census data prepared by the Bureau of the Cen3 sus of the Department of Commerce and, in the case

4 of the study described in subsection (b)(1), census

5 data prepared by the Government of Mexico.

6 (2) In the case of the study described in sub7 section (b)(1), information from the United States

8 Customs Service of the Department of the Treasury

9 concerning solid waste transported across the border

10 between the United States and Mexico, and the

11 method of transportation of the waste.

12 (3) In the case of the study described in sub13 section (b)(1), information concerning the type and

14 volume of materials used in maquiladoras.

15 (4)(A) Immigration data prepared by the Immi16 gration and Naturalization Service of the Depart17 ment of Justice.

18 (B) In the case of the study described in sub19 section (b)(1), immigration data prepared by the

20 Government of Mexico.

21 (5) Information relating to the infrastructure of

22 border land, including an accounting of the number

23 of landfills, wastewater treatment systems, and solid

24 waste treatment, storage, and disposal facilities.
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1 (6) A listing of each site in the border region

2 involved where solid waste is treated, stored, or dis3 posed of.

4 (7) In the case of the study described in sub5 section (b)(1), a profile of the industries in the re6 gion of the border between the United States and

7 Mexico.

8 (e) CONSULTATION AND COOPERATION.—In carrying

9 out this section, the Administrator shall consult with the

10 following entities in reviewing study activities:

11 (1) With respect to reviewing the study de12 scribed in subsection (b)(1), States and political sub13 divisions of States (including municipalities and

14 counties) in the region of the border between the

15 United States and Mexico.

16 (2) The heads of other Federal agencies (in17 cluding the Secretary of the Interior, the Secretary

18 of Housing, the Secretary of Health and Human

19 Services, the Secretary of Transportation, and the

20 Secretary of Commerce) and with respect to review21 ing the study described in subsection (b)(1), equiva22 lent officials of the Government of Mexico.

23 (f) REPORTS TO CONGRESS.—On completion of the

24 studies under this section, the Administrator shall, not

25 later than 2 years after the date of enactment of this Act,
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1 submit to the appropriate committees of Congress reports

2 that summarize the findings of the studies and propose

3 methods by which solid waste border traffic may be

4 tracked, from source to destination, on an annual basis.

5 (g) BORDER STUDY DELAY.—The conduct of the

6 study described in subsection (b)(2) shall not delay or oth7 erwise affect completion of the study described in sub8 section (b)(1).

9 (h) FUNDING.—If any funding needed to conduct the

10 studies required by this section is not otherwise available,

11 the President may transfer to the Administrator, for use

12 in conducting the studies, any funds that have been appro13 priated to the President under section 533 of the North

14 American Free Trade Agreement Implementation Act (19

15 U.S.C. 3473) that are in excess of the amount needed to

16 carry out that section. States that wish to participate in

17 study will be asked to contribute to the costs of the study.

18 The terms of the cost share shall be negotiated between

19 the Environmental Protection Agency and the State.’’.

20 SEC. 502. STUDY OF INTERSTATE HAZARDOUS WASTE

21 TRANSPORT.

22 (a) DEFINITION OF HAZARDOUS WASTE.—In this

23 section, the term ‘‘hazardous waste’’ has the meaning pro24 vided in section 1004 of the Solid Waste Disposal Act (42

25 U.S.C. 6903).
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1 (b) STUDY.—Not later than 3 years after the date

2 of enactment of this Act, the Administrator of the Envi3 ronmental Protection Agency shall conduct a study, and

4 report to Congress on the results of the study, to deter5 mine—

6 (1) the quantity of hazardous waste that is

7 being transported across State lines; and

8 (2) the ultimate disposition of the transported

9 waste.

10 SEC. 503. STUDY OF INTERSTATE SLUDGE TRANSPORT.

11 (a) DEFINITIONS.—In this section:

12 (1) SEWAGE SLUDGE.—The term ‘‘sewage

13 sludge’’—

14 (A) means solid, semisolid, or liquid resi15 due generated during the treatment of domestic

16 sewage in a treatment works; and

17 (B) includes—

18 (i) domestic septage;

19 (ii) scum or a solid removed in a pri20 mary, secondary, or advanced wastewater

21 treatment process; and

22 (iii) material derived from sewage

23 sludge (as otherwise defined in this para24 graph); but

25 (C) does not include—
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1 (i) ash generated during the firing of

2 sewage sludge (as otherwise defined in this

3 paragraph) in a sewage sludge incinerator;

4 or

5 (ii) grit or screenings generated dur6 ing preliminary treatment of domestic sew7 age in a treatment works.

8 (2) SLUDGE.—The term ‘‘sludge’’ has the

9 meaning provided in section 1004 of the Solid Waste

10 Disposal Act (42 U.S.C. 6903).

11 (b) STUDY.—Not later than 3 years after the date

12 of enactment of this Act, the Administrator of the Envi13 ronmental Protection Agency shall conduct a study, and

14 report to Congress on the results of the study, to deter15 mine—

16 (1) the quantity of sludge (including sewage

17 sludge) that is being transported across State lines;

18 and

19 (2) the ultimate disposition of the transported

20 sludge.

Passed the Senate May 16 (legislative day, May 15),

1995.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION S. 534

AN ACT

To amend the Solid Waste Disposal Act to provide

purposes.portation of municipal solid waste, and for otherauthority for States to limit the interstate trans-