II

104TH CONGRESS

1ST SESSION S. 534

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

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

other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 10 (legislative day, MARCH 6), 1995

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

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

Works

A BILL

To amend the Solid Waste Disposal Act to provide authority

for States to limit the interstate transportation of municipal solid waste, and for other purposes.

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 ‘‘INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID

8 WASTE

9 ‘‘SEC. 4011. (a) AUTHORITY TO RESTRICT OUT-OF10 STATE MUNICIPAL SOLID WASTE.—(1) Except as pro11 vided in paragraph (4), immediately upon the date of en12 actment of this section if requested in writing by an af13 fected local government, a Governor may prohibit the dis14 posal of out-of-State municipal solid waste in any landfill

15 or incinerator that is not covered by the exceptions pro16 vided in subsection (b) and that is subject to the jurisdic17 tion of the Governor and 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)(D) 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), under

6 the conditions stated in subparagraph (B), immediately

7 upon the date of publication of the list required in para8 graph (6)(E), and notwithstanding the absence of a re9 quest in writing by the affected local government, a Gov10 ernor, in accordance with paragraph (5), may prohibit or

11 limit the amount of out-of-State municipal solid waste dis12 posed of at any landfill or incinerator covered by the ex13 ceptions in subsection (b) that is subject to the jurisdiction

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

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

16 exported, to landfills or incinerators not covered by host

17 community agreements, more than—

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

19 calendar year 1996;

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

21 each of calendar years 1997 and 1998;

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

23 in each of calendar years 1999 and 2000;

24 ‘‘(iv) 1.5 million tons of municipal solid waste

25 in each of calendar years 2001 and 2002; and
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1 ‘‘(v) 1.0 million tons of municipal solid waste in

2 calendar year 2003 and each year thereafter.

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

4 that—

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

6 notified the Governor of the exporting State and the

7 Administrator 12 months prior to enforcement of

8 the importing State’s intention to impose the re9 quirements of this section;

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

11 notified the Governor of the exporting State and the

12 Administrator of the violation by the exporting State

13 of this section at least 90 days prior to the enforce14 ment of this section; and

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

16 of the importing State are uniform at all facilities.

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

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

19 permissible levels as determined by the Administrator

20 under paragraph (6)(E).

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

22 granted under this section if such action would result in

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

24 the terms of a host community agreement or a permit is-
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1 sued from the State to receive out-of-State municipal solid

2 waste.

3 ‘‘(B) Except as provided in paragraph (3), a Gov4 ernor may not exercise the authority granted under this

5 section in a manner that would require any owner or oper6 ator of a landfill or incinerator covered by the exceptions

7 provided in subsection (b) to reduce the amount of out8 of-State municipal solid waste received from any State for

9 disposal at such landfill or incinerator to an annual quan10 tity less than the amount received from such State for dis11 posal at such landfill or incinerator during calendar year

12 1993.

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

14 paragraph (2) or (3)—

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

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

17 against any particular landfill or incinerator within

18 the State; and

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

20 against any shipments of out-of-State municipal

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

22 such limitations shall be applied to all States in vio23 lation of paragraph (3).

24 ‘‘(6)(A)(i) Any Governor who intends to exercise the

25 authority provided in paragraph (2) or (3) shall, within
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1 120 days after the date of enactment of this section, and

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

3 Administrator information documenting the State of ori4 gin and the quantity of out-of-State municipal solid waste

5 received for disposal at landfills and incinerators covered

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

7 of such Governor during calendar year 1993.

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

9 collect such additional information in addition to what is

10 submitted under clause (i) as may be necessary to deter11 mine if the level of exports of municipal solid waste by

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

13 ‘‘(B) On receipt of the information submitted or col14 lected pursuant to subparagraph (A), the Administrator

15 shall notify the Governor of each such State and the Gov16 ernors of States with exports that exceed the level of ex17 ports of municipal solid waste established in paragraph (3)

18 and shall publish notice and shall provide a comment pe19 riod of not less than 30 days.

20 ‘‘(C) Not later than 60 days after receipt of informa21 tion from a Governor, and any additional information ob22 tained by the Administrator, under subparagraph (A), the

23 Administrator shall determine the quantity of out-of-State

24 municipal solid waste that was received for disposal in the

25 State during calendar year 1993, the State of origin and
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1 the total amount of municipal solid waste exports from

2 each State that exceeds the level established in paragraph

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

4 received for disposal at landfills and incinerators covered

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

6 of such Governor during calendar year 1993. The Admin7 istrator shall publish a public notice and shall provide di8 rect notification to each of the Governors of all States af9 fected by this determination, for each such State for which

10 the determination is made. A determination by the Admin11 istrator under this subparagraph shall be final and not

12 subject to judicial review.

13 ‘‘(D) Not later than 180 days after the date of enact14 ment of this section, the Administrator shall publish a list

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

16 was received during calendar year 1993 at each landfill

17 and incinerator covered by the exceptions provided in sub18 section (b) for disposal in each State in which the Gov19 ernor intends to exercise the authority provided in para20 graph (2) or (3), as determined in accordance with sub21 paragraph (C).

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

23 1 of each year thereafter, the Administrator shall publish

24 a list of States that the Administrator has determined

25 have exported out of State an amount of municipal solid
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1 waste in excess of 3.5 million tons in calendar year 1996,

2 3.0 million tons in each of calendar years 1997 and 1998,

3 2.5 million tons in each of calendar years 1999 and 2000,

4 1.5 million tons in each of calendar years 2000 and 2001,

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

6 thereafter, as determined in accordance with subpara7 graph (C).

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

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

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

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

12 to the Governor of the State in which the landfill or incin13 erator is located information specifying, by State of origin,

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

15 for disposal during the preceding year. Each year the Gov16 ernor of a State who intends to exercise the authority pro17 vided in paragraph (2) or (3) shall publish and make avail18 able to the public a report containing information on the

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

20 disposal in the State during the preceding year.

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

22 submit a request under paragraph (1) or take formal ac23 tion on a host community agreement shall, prior to taking

24 such action—
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1 ‘‘(A) notify the Governor, contiguous local gov2 ernments, and any contiguous Indian tribes;

3 ‘‘(B) publish notice of the action in a news4 paper of general circulation at least 30 days before

5 taking such action;

6 ‘‘(C) provide an opportunity for public com7 ment; and

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

9 action on any proposed request or action at a public

10 meeting.

11 ‘‘(8) Any owner or operator seeking a host commu12 nity agreement shall provide to the affected local govern13 ment the following information, which shall be made avail14 able to the public from the affected local government:

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

16 including a description of the facility size, ultimate

17 waste capacity, and anticipated monthly and yearly

18 waste quantities to be handled.

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

20 the location of the facility in relation to the local

21 road system and topographical and hydrological fea22 tures and any buffer zones and facility units to be

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

3 applicable laws or regulations.

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

5 be utilized at the facility.

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

7 be employed, and roadway improvements to be

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

9 of the timing and extent of increased local truck

10 traffic.

11 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

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

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

15 apply to landfills and incinerators in operation on the date

16 of enactment of this section that—

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

19 waste; and

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

22 regulations relating to operation, design and location

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

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

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

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

9 in compliance with applicable Federal and State laws and

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

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

14 which an affected local government is considering entering

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

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

17 waste under such agreement would preclude the use of

18 municipal solid waste management capacity described in

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

22 that capacity.

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

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

2 law;

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

4 and

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

6 between the owner or operator and another party

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

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

10 the local government is located.

11 ‘‘(d) COST RECOVERY SURCHARGE.—

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

14 a cost recovery charge on the processing or disposal

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

16 accordance with this subsection.

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

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

20 imposed and collected a special fee on the processing

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

22 to a State law.

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

24 or collect a cost recovery surcharge from a facility

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

3 the date of enactment of this section.

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

5 the cost recovery surcharge may be no greater than

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

8 event may exceed $1.00 per ton of waste.

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

10 cost recovery surcharges collected by a State covered

11 by this subsection shall be used to fund those solid

12 waste management programs administered by the

13 State or its political subdivision that incur costs for

14 which the surcharge is collected.

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

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

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

21 State arising from the processing or disposal

22 within the State of a volume of municipal solid

23 waste from a source outside the State;

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

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

2 would otherwise have to be paid or subsidized

3 by the State; and

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

5 not discriminatory.

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

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

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

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

12 transportation, treatment, processing, or disposal of

13 solid waste.

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

16 the State that does not constitute discrimination for

17 purposes of subparagraph (A)(iii).

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

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

21 its laws governing the processing or disposal of

22 municipal solid waste, limited to the issuance of

23 new permits and renewal of modified permits,

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

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

5 alter its chemical, biological or physical state,

6 through processes such as thermal treatment,

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

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

10 be interpreted or construed—

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

12 contracts; or

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

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

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

20 limitations do not discriminate between in-State and

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

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

2 used with respect to a landfill or incinerator,

3 means—

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

5 with responsibility to plan for municipal solid

6 waste management, a majority of the members

7 of which are elected officials, for the area in

8 which the facility is located or proposed to be

9 located; or

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

11 township, borough, county, or parish exercising

12 primary responsibility over municipal solid

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

15 proposed to be located.

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

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

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

20 local government for actions taken under this section

21 and after publication of such notice.

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

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

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

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

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

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

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

11 means, with respect to any agreement entered into

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

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

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

19 means, with respect to any agreement entered into

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

21 document or documents executed by duly authorized

22 officials of the affected local government expressly

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

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

3 is also included. For purposes of a host community

4 agreement entered into before March 10, 1995, such

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

6 provided that any alternative term or terms evidence

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

9 sources or locations outside the State in which the

10 landfill or incinerator is located or is proposed to be

11 located.

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

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

14 solid waste generated outside of the State. To the

15 extent that the President determines it is consistent

16 with the North American Free Trade Agreement

17 and the General Agreement on Tariffs and Trade,

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

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

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

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

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

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

2 any combination thereof). The term ‘municipal solid

3 waste’ does not include—

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

5 a hazardous waste under section 3001, or any

6 solid waste containing polychlorinated biphenyls

7 regulated under the Toxic Substances Control

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

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

11 action taken under section 104 or 106 of the

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

14 9604 or 9606) or a corrective action taken

15 under this Act;

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

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

19 otherwise defined in this paragraph) and has

20 been transported into a State for the purpose of

21 recycling or reclamation;

22 ‘‘(D) any solid waste that is—

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

2 treatment, storage, or disposal to a facility

3 that is owned or operated by the generator

4 of the waste, or is located on property

5 owned by the generator of the waste, or is

6 located on property owned by a company

7 with which the generator is affiliated;

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

9 the provision of service in interstate, intrastate,

10 foreign, or overseas air transportation;

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

14 physical and chemical state of the industrial

15 waste, and composition, including construction

16 and demolition debris;

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

18 from or not mixed with municipal solid waste

19 (as otherwise defined in this paragraph); or

20 ‘‘(H) any material or product returned

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

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

24 practice of adhering to and satisfying standards and

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

2 harm to human health and the environment. Actions

3 undertaken in accordance with compliance schedules

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

6 for purposes of this section.’’.

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

8 of contents in section 1001 of the Solid Waste Disposal

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

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

11 item:

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

12 TITLE II—FLOW CONTROL

13 SEC. 201. SHORT TITLE.

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

15 Flow Control Act of 1995’’.

16 SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF

17 MOVEMENT OF MUNICIPAL SOLID WASTE

18 AND RECYCLABLE MATERIAL.

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

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

22 MOVEMENT OF MUNICIPAL SOLID WASTE

23 AND RECYCLABLE MATERIAL.

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

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

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

4 State or political subdivision in requiring, that all or

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

7 of the State or political subdivision be delivered to

8 a waste management facility or facility for recyclable

9 material identified by the State or political subdivi10 sion.

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

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

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

18 ‘municipal solid waste’ means—

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

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

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

24 noncombustible material such as metal and

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

3 removed from a septic tank, septage pit, or

4 cesspool (other than from portable toilets); but

5 ‘‘(B) does not include—

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

7 hazardous waste under section 3001 of this

8 Act or waste regulated under the Toxic

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

10 et seq.);

11 ‘‘(ii) waste, including contaminated

12 soil and debris, resulting from a response

13 action taken under section 104 or 106 of

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

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

18 ‘‘(iii) medical waste listed in section

19 11002;

20 ‘‘(iv) industrial waste generated by

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

24 ‘‘(v) recyclable material; or

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

3 ‘‘(A) material that has been separated

4 from waste otherwise destined for disposal (at

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

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

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

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

13 only if the generator or owner of the material

14 voluntarily made the material available to the

15 State or political subdivision (or the designee of

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

19 designee) assumes such rights to, or ownership

20 of, the material.

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

22 term ‘waste management facility’ means a facility

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

24 treats, processes, combusts, or disposes of municipal

25 solid waste.
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1 ‘‘(b) AUTHORITY.—

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

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

6 generator of the material that is generated within its

7 jurisdiction by directing the municipal solid waste or

8 recyclable material to a waste management facility

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

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

15 ‘‘(B) has been implemented by designating

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

18 waste or recyclable material is to be delivered,

19 the substantial construction of which facilities

20 was performed after the effective date of that

21 legally binding provision or official act and

22 which facilities were in operation as of May 15,

23 1994.

24 ‘‘(2) LIMITATION.—The authority of this sec25 tion extends only to the specific classes or categories
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1 of municipal solid waste to which flow control au2 thority requiring a movement to a waste manage3 ment facility was actually applied on or before May

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

6 specific classes or categories of municipal solid waste

7 for which the State or political subdivision prior to

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

9 a waste management facility).

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

11 regard to facilities granted flow control authority

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

15 to municipal solid waste generated by households.

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

17 to each designated waste management facility, the

18 authority of this section shall be effective until the

19 later of—

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

22 and any other person regarding the movement

23 or delivery of municipal solid waste or recycla24 ble material (as in effect May 15, 1994);
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1 ‘‘(B) completion of the schedule for pay2 ment of the capital costs of the facility con3 cerned (as in effect May 15, 1994); or

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

5 the original facility, as that remaining life may

6 be extended by—

7 ‘‘(i) retrofitting of equipment or the

8 making of other significant modifications

9 to meet applicable environmental require10 ments or safety requirements;

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

13 that does not add to the capacity of a

14 waste management facility; or

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

16 that is—

17 ‘‘(I) legally or equitably owned,

18 or under option to purchase or lease,

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

21 ‘‘(II) covered by the permit for

22 the facility (as in effect May 15,

23 1994).

24 ‘‘(c) COMMITMENT TO CONSTRUCTION.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding subsection

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

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

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

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

8 solid waste generated within its boundaries and

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

10 ‘‘(B) the political subdivision took action

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

13 which municipal solid waste is to be transported

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

16 plan, or legally binding provision.

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

19 management facility is demonstrated by 1 or more

20 of the following factors:

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

23 the facility were obtained prior to May 15,

24 1994.
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1 ‘‘(B) CONTRACTS.—All contracts for the

2 substantial construction of the facility were in

3 effect prior to May 15, 1994.

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

5 1994, revenue bonds were presented for sale to

6 specifically provide revenue for the construction

7 of the facility.

8 ‘‘(D) CONSTRUCTION AND OPERATING

9 PERMITS.—The State or political subdivision

10 submitted to the appropriate regulatory agency

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

13 construction and operation of the facility.

14 ‘‘(d) RETAINED AUTHORITY.—

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

16 of municipal solid waste affected by this section, a

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

21 the purpose of the request is to provide a higher

22 level of protection for human health and the environ23 ment or reduce potential future liability of the gen24 erator under Federal or State law for the manage25 ment of such waste, unless the State or political sub-
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1 division determines that the facility to which the mu2 nicipal solid waste is proposed to be diverted does

3 not provide a higher level of protection for human

4 health and the environment or does not reduce the

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

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

8 (1) shall include information on the environmental

9 suitability of the proposed alternative treatment or

10 disposal facility and method, compared to that of the

11 designated facility and method.

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

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

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

17 solid waste management services.

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

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

24 shall not be considered to be an undue burden on or other-
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1 wise considered as impairing, restraining, or discriminat2 ing against interstate commerce.

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

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

6 section shall be construed to have any effect on any

7 other law relating to the protection of human health

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

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

11 be construed to authorize a political subdivision of a

12 State to exercise the flow control authority granted

13 by this section in a manner that is inconsistent with

14 State law.

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

16 Nothing in this section—

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

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

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

24 material for the purpose of transformation or

25 remanufacture into usable or marketable mate-
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1 rial, unless the generator or owner voluntarily

2 made the recyclable material available to the

3 State or political subdivision and relinquished

4 any right to, or ownership of, the recyclable

5 material.’’.

6 SEC. 203. TABLE OF CONTENTS AMENDMENT.

7 The table of contents for subtitle D in section 1001

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

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

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

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

waste and recyclable material.’’.

11 SEC. 204. REPEAL.

12 Section 4011 of the Solid Waste Disposal Act, as

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

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

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

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