II

106TH CONGRESS

1ST SESSION S. 872

To impose certain limits on the receipt of out-of-State municipal solid waste,

to authorize State and local controls over the flow of municipal solid

waste, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1999

Mr. VOINOVICH (for himself, Mr. BAYH, Mr. DEWINE, Mr. ABRAHAM, Mr.

LEVIN, and Mr. LUGAR) introduced the following bill; which was read

twice and referred to the Committee on Environment and Public Works

A BILL

To impose certain limits on the receipt of out-of-State municipal solid waste, to authorize State and local controls

over the flow 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 ‘‘Municipal Solid Waste

5 Interstate Transportation and Local Authority Act of

6 1999’’.
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•S 872 IS

1 SEC. 2. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT OF

2 OUT-OF-STATE MUNICIPAL SOLID WASTE AT

3 EXISTING FACILITIES.

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

6 at the end the following:

7 ‘‘SEC. 4011. AUTHORITY TO PROHIBIT OR LIMIT RECEIPT

8 OF OUT-OF-STATE MUNICIPAL SOLID WASTE

9 AT EXISTING FACILITIES.

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

11 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—The

12 term ‘affected local government’, with respect to a

13 facility, means—

14 ‘‘(A) the public body authorized by State

15 law to plan for the management of municipal

16 solid waste for the area in which the facility is

17 located or proposed to be located, a majority of

18 the members of which public body are elected

19 officials;

20 ‘‘(B) in a case in which there is no public

21 body described in subparagraph (A), the elected

22 officials of the city, town, township, borough,

23 county, or parish selected by the Governor and

24 exercising primary responsibility over municipal

25 solid waste management or the use of land in
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1 the jurisdiction in which the facility is located

2 or proposed to be located; or

3 ‘‘(C) in a case in which there is in effect

4 an agreement or compact under section 105(b),

5 contiguous units of local government located in

6 each of 2 or more adjoining States that are

7 parties to the agreement, for purposes of pro8 viding authorization under subsection (b), (c),

9 or (d) for municipal solid waste generated in

10 the jurisdiction of 1 of those units of local gov11 ernment and received in the jurisdiction of an12 other of those units of local government.

13 ‘‘(2) AUTHORIZATION TO RECEIVE OUT-OF14 STATE MUNICIPAL SOLID WASTE.—

15 ‘‘(A) IN GENERAL.—The term ‘authoriza16 tion to receive out-of-State municipal solid

17 waste’ means a provision contained in a host

18 community agreement or permit that specifi19 cally authorizes a facility to receive out-of-State

20 municipal solid waste.

21 ‘‘(B) SPECIFIC AUTHORIZATION.—

22 ‘‘(i) SUFFICIENT FORMULATIONS.—

23 For the purposes of subparagraph (A),

24 only the following, shall be considered to
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1 specifically authorize a facility to receive

2 out-of-State municipal solid waste:

3 ‘‘(I) an authorization to receive

4 municipal solid waste from any place

5 within a fixed radius surrounding the

6 facility that includes an area outside

7 the State;

8 ‘‘(II) an authorization to receive

9 municipal solid waste from any place

10 of origin in the absence of any provi11 sion limiting those places of origin to

12 places inside the State;

13 ‘‘(III) an authorization to receive

14 municipal solid waste from a specifi15 cally identified place or places outside

16 the State; or

17 ‘‘(IV) a provision that uses such

18 a phrase as ‘regardless of origin’ or

19 ‘outside the State’ in reference to mu20 nicipal solid waste.

21 ‘‘(ii) INSUFFICIENT FORMULA22 TIONS.—For the purposes of subparagraph

23 (A), either of the following, by itself, shall

24 not be considered to specifically authorize
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1 a facility to receive out-of-State municipal

2 solid waste:

3 ‘‘(I) A general reference to the

4 receipt of municipal solid waste from

5 outside the jurisdiction of the affected

6 local government.

7 ‘‘(II) An agreement to pay a fee

8 for the receipt of out-of-State munic9 ipal solid waste.

10 ‘‘(C) FORM OF AUTHORIZATION.—To qual11 ify as an authorization to receive out-of-State

12 municipal solid waste, a provision need not be

13 in any particular form; a provision shall so

14 qualify so long as the provision clearly and af15 firmatively states the approval or consent of the

16 affected local government or State for receipt of

17 municipal solid waste from places of origin out18 side the State.

19 ‘‘(3) DISPOSAL.—The term ‘disposal’ includes

20 incineration.

21 ‘‘(4) EXISTING HOST COMMUNITY AGREE22 MENT.—The term ‘existing host community agree23 ment’ means a host community agreement entered

24 into before January 1, 1999.
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1 ‘‘(5) FACILITY.—The term ‘facility’ means a

2 landfill, incinerator, or other enterprise that received

3 municipal solid waste before the date of enactment

4 of this section.

5 ‘‘(6) GOVERNOR.—The term ‘Governor’, with

6 respect to a facility, means the chief executive officer

7 of the State in which a facility is located or proposed

8 to be located or any other officer authorized under

9 State law to exercise authority under this section.

10 ‘‘(7) HOST COMMUNITY AGREEMENT.—The

11 term ‘host community agreement’ means a written,

12 legally binding agreement, lawfully entered into be13 tween an owner or operator of a facility and an af14 fected local government that contains an authoriza15 tion to receive out-of-State municipal solid waste.

16 ‘‘(8) MUNICIPAL SOLID WASTE.—

17 ‘‘(A) IN GENERAL.—The term ‘municipal

18 solid waste’ means—

19 ‘‘(i) material discarded for disposal

20 by—

21 ‘‘(I) households (including single

22 and multifamily residences); and

23 ‘‘(II) public lodgings such as ho24 tels and motels; and
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1 ‘‘(ii) material discarded for disposal

2 that was generated by commercial, institu3 tional, and industrial sources, to the extent

4 that the material—

5 ‘‘(I) is essentially the same as

6 material described in clause (i); or

7 ‘‘(II) is collected and disposed of

8 with material described in clause (i)

9 as part of a normal municipal solid

10 waste collection service.

11 ‘‘(B) INCLUSIONS.—The term ‘municipal

12 solid waste’ includes—

13 ‘‘(i) appliances;

14 ‘‘(ii) clothing;

15 ‘‘(iii) consumer product packaging;

16 ‘‘(iv) cosmetics;

17 ‘‘(v) disposable diapers;

18 ‘‘(vi) food containers made of glass or

19 metal;

20 ‘‘(vii) food waste;

21 ‘‘(viii) household hazardous waste;

22 ‘‘(ix) office supplies;

23 ‘‘(x) paper; and

24 ‘‘(xi) yard waste.
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1 ‘‘(C) EXCLUSIONS.—The term ‘municipal

2 solid waste’ does not include—

3 ‘‘(i) solid waste identified or listed as

4 a hazardous waste under section 3001, ex5 cept for household hazardous waste;

6 ‘‘(ii) solid waste resulting from—

7 ‘‘(I) a response action taken

8 under section 104 or 106 of the Com9 prehensive Environmental Response,

10 Compensation, and Liability Act (42

11 U.S.C. 9604, 9606);

12 ‘‘(II) a response action taken

13 under a State law with authorities

14 comparable to the authorities con15 tained in either of those sections; or

16 ‘‘(III) a corrective action taken

17 under this Act;

18 ‘‘(iii) recyclable material—

19 ‘‘(I) that has been separated, at

20 the source of the material, from waste

21 destined for disposal; or

22 ‘‘(II) that has been managed sep23 arately from waste destined for dis24 posal, including scrap rubber to be

25 used as a fuel source;
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1 ‘‘(iv) a material or product returned

2 from a dispenser or distributor to the man3 ufacturer or an agent of the manufacturer

4 for credit, evaluation, and possible poten5 tial reuse;

6 ‘‘(v) solid waste that is—

7 ‘‘(I) generated by an industrial

8 facility; and

9 ‘‘(II) transported for the purpose

10 of treatment, storage, or disposal to a

11 facility (which facility is in compliance

12 with applicable State and local land

13 use and zoning laws and regulations)

14 or facility unit—

15 ‘‘(aa) that is owned or oper16 ated by the generator of the

17 waste;

18 ‘‘(bb) that is located on

19 property owned by the generator

20 of the waste or a company with

21 which the generator is affiliated;

22 or

23 ‘‘(cc) the capacity of which

24 is contractually dedicated exclu25 sively to a specific generator;
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1 ‘‘(vi) medical waste that is segregated

2 from or not mixed with solid waste;

3 ‘‘(vii) sewage sludge or residuals from

4 a sewage treatment plant; or

5 ‘‘(viii) combustion ash generated by a

6 resource recovery facility or municipal in7 cinerator.

8 ‘‘(9) NEW HOST COMMUNITY AGREEMENT.—

9 The term ‘new host community agreement’ means a

10 host community agreement entered into on or after

11 the date of enactment of this section.

12 ‘‘(10) OUT-OF-STATE MUNICIPAL SOLID

13 WASTE.—

14 ‘‘(A) IN GENERAL.—The term ‘out-of15 State municipal solid waste’, with respect to a

16 State, means municipal solid waste generated

17 outside the State.

18 ‘‘(B) INCLUSION.—The term ‘out-of-State

19 municipal solid waste’ includes municipal solid

20 waste generated outside the United States.

21 ‘‘(11) RECEIVE.—The term ‘receive’ means re22 ceive for disposal.

23 ‘‘(12) RECYCLABLE MATERIAL.—

24 ‘‘(A) IN GENERAL.—The term ‘recyclable

25 material’ means a material that may feasibly be
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1 used as a raw material or feedstock in place of

2 or in addition to, virgin material in the manu3 facture of a usable material or product.

4 ‘‘(B) VIRGIN MATERIAL.—In subparagraph

5 (A), the term ‘virgin material’ includes petro6 leum.

7 ‘‘(b) PROHIBITION OF RECEIPT FOR DISPOSAL OF

8 OUT-OF-STATE WASTE.—No facility may receive for dis9 posal out-of-State municipal solid waste except as provided

10 in subsections (c), (d), and (e).

11 ‘‘(c) EXISTING HOST COMMUNITY AGREEMENTS.—

12 ‘‘(1) IN GENERAL.—Subject to subsection (f), a

13 facility operating under an existing host community

14 agreement may receive for disposal out-of-State mu15 nicipal solid waste if—

16 ‘‘(A) the owner or operator of the facility

17 has complied with paragraph (2); and

18 ‘‘(B) the owner or operator of the facility

19 is in compliance with all of the terms and con20 ditions of the host community agreement.

21 ‘‘(2) PUBLIC INSPECTION OF AGREEMENT.—

22 Not later than 90 days after the date of enactment

23 of this section, the owner or operator of a facility de24 scribed in paragraph (1) shall—
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1 ‘‘(A) provide a copy of the existing host

2 community agreement to the State and affected

3 local government; and

4 ‘‘(B) make a copy of the existing host com5 munity agreement available for inspection by

6 the public in the local community.

7 ‘‘(d) NEW HOST COMMUNITY AGREEMENTS.—

8 ‘‘(1) IN GENERAL.—Subject to subsection (f), a

9 facility operating under a new host community

10 agreement may receive for disposal out-of-State mu11 nicipal solid waste if—

12 ‘‘(A) the agreement meets the require13 ments of paragraphs (2) through (5); and

14 ‘‘(B) the owner or operator of the facility

15 is in compliance with all of the terms and con16 ditions of the host community agreement.

17 ‘‘(2) REQUIREMENTS FOR AUTHORIZATION.—

18 ‘‘(A) IN GENERAL.—Authorization to re19 ceive out-of-State municipal solid waste under a

20 new host community agreement shall—

21 ‘‘(i) be granted by formal action at a

22 meeting;

23 ‘‘(ii) be recorded in writing in the offi24 cial record of the meeting; and
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1 ‘‘(iii) remain in effect according to the

2 terms of the new host community agree3 ment.

4 ‘‘(B) SPECIFICATIONS.—An authorization

5 to receive out-of-State municipal solid waste

6 shall specify terms and conditions, including—

7 ‘‘(i) the quantity of out-of-State mu8 nicipal solid waste that the facility may re9 ceive; and

10 ‘‘(ii) the duration of the authorization.

11 ‘‘(3) INFORMATION.—Before seeking an author12 ization to receive out-of-State municipal solid waste

13 under a new host community agreement, the owner

14 or operator of the facility seeking the authorization

15 shall provide (and make readily available to the

16 State, each contiguous local government and Indian

17 tribe, and any other interested person for inspection

18 and copying) the following:

19 ‘‘(A) A brief description of the facility, in20 cluding, with respect to the facility and any

21 planned expansion of the facility, a description

22 of—

23 ‘‘(i) the size of the facility;

24 ‘‘(ii) the ultimate municipal solid

25 waste capacity of the facility; and
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1 ‘‘(iii) the anticipated monthly and

2 yearly volume of out-of-State municipal

3 solid waste to be received at the facility.

4 ‘‘(B) A map of the facility site that

5 indicates—

6 ‘‘(i) the location of the facility in rela7 tion to the local road system; and

8 ‘‘(ii) topographical and general

9 hydrogeological features;

10 ‘‘(iii) any buffer zones to be acquired

11 by the owner or operator; and

12 ‘‘(iv) all facility units.

13 ‘‘(C) A description of—

14 ‘‘(i) the environmental characteristics

15 of the site, as of the date of application for

16 authorization;

17 ‘‘(ii) ground water use in the area, in18 cluding identification of private wells and

19 public drinking water sources; and

20 ‘‘(iii) alterations that may be neces21 sitated by, or occur as a result of, oper22 ation of the facility.

23 ‘‘(D) A description of—
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1 ‘‘(i) environmental controls required

2 to be used on the site (under permit re3 quirements), including—

4 ‘‘(I) run-on and run off manage5 ment;

6 ‘‘(II) air pollution control devices;

7 ‘‘(III) source separation proce8 dures;

9 ‘‘(IV) methane monitoring and

10 control;

11 ‘‘(V) landfill covers;

12 ‘‘(VI) landfill liners or leachate

13 collection systems; and

14 ‘‘(VII) monitoring programs; and

15 ‘‘(ii) any waste residuals (including

16 leachate and ash) that the facility will gen17 erate, and the planned management of the

18 residuals.

19 ‘‘(E) A description of site access controls

20 to be employed by the owner or operator and

21 road improvements to be made by the owner or

22 operator, including an estimate of the timing

23 and extent of anticipated local truck traffic.

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

25 and local permits.
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1 ‘‘(G) Estimates of the personnel require2 ments of the facility, including—

3 ‘‘(i) information regarding the prob4 able skill and education levels required for

5 job positions at the facility; and

6 ‘‘(ii) to the extent practicable, a dis7 tinction between preoperational and

8 postoperational employment statistics of

9 the facility.

10 ‘‘(H) Any information that is required by

11 State or Federal law to be provided with re12 spect to—

13 ‘‘(i) any violation of environmental

14 law (including regulations) by the owner or

15 operator or any subsidiary of the owner or

16 operator;

17 ‘‘(ii) the disposition of any enforce18 ment proceeding taken with respect to the

19 violation; and

20 ‘‘(iii) any corrective action and reha21 bilitation measures taken as a result of the

22 proceeding.

23 ‘‘(I) Any information that is required by

24 Federal or State law to be provided with re-
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1 spect to compliance by the owner or operator

2 with the State solid waste management plan.

3 ‘‘(J) Any information that is required by

4 Federal or State law to be provided with re5 spect to gifts and contributions made by the

6 owner or operator.

7 ‘‘(4) ADVANCE NOTIFICATION.—Before taking

8 formal action to grant or deny authorization to re9 ceive out-of-State municipal solid waste under a new

10 host community agreement, an affected local govern11 ment shall—

12 ‘‘(A) notify the State, contiguous local gov13 ernments, and any contiguous Indian tribes;

14 ‘‘(B) publish notice of the proposed action

15 in a newspaper of general circulation at least

16 15 days before holding a hearing under sub17 paragraph (C), except where State law provides

18 for an alternate form of public notification; and

19 ‘‘(C) provide an opportunity for public

20 comment in accordance with State law, includ21 ing at least 1 public hearing.

22 ‘‘(5) SUBSEQUENT NOTIFICATION.—Not later

23 than 90 days after an authorization to receive out24 of-State municipal solid waste is granted under a

25 new host community agreement, the affected local
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1 government shall give notice of the authorization

2 to—

3 ‘‘(A) the Governor;

4 ‘‘(B) contiguous local governments; and

5 ‘‘(C) any contiguous Indian tribes.

6 ‘‘(e) RECEIPT FOR DISPOSAL OF OUT-OF-STATE MU7 NICIPAL SOLID WASTE BY FACILITIES NOT SUBJECT TO

8 HOST COMMUNITY AGREEMENTS.—

9 ‘‘(1) PERMIT.—

10 ‘‘(A) IN GENERAL.—Subject to subsection

11 (f), a facility for which, before the date of en12 actment of this section, the State issued a per13 mit containing an authorization may receive

14 out-of-State municipal solid waste if—

15 ‘‘(i) not later than 90 days after the

16 date of enactment of this section, the

17 owner or operator of the facility notifies

18 the affected local government of the exist19 ence of the permit; and

20 ‘‘(ii) the owner or operator of the fa21 cility complies with all of the terms and

22 conditions of the permit after the date of

23 enactment of this section.

24 ‘‘(B) DENIED OR REVOKED PERMITS.—A

25 facility may not receive out-of-State municipal
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1 solid waste under subparagraph (A) if the oper2 ating permit for the facility (or any renewal of

3 the operating permit) was denied or revoked by

4 the appropriate State agency before the date of

5 enactment of this section unless the permit or

6 renewal was granted, renewed, or reinstated be7 fore that date.

8 ‘‘(2) DOCUMENTED RECEIPT DURING 1993.—

9 ‘‘(A) IN GENERAL.—Subject to subsection

10 (f), a facility that, during 1993, received out-of11 State municipal solid waste may receive out-of12 State municipal solid waste if the owner or op13 erator of the facility submits to the State and

14 to the affected local government documentation

15 of the receipt of out-of-State municipal solid

16 waste during 1993, including information

17 about—

18 ‘‘(i) the date of receipt of the out-of19 State municipal solid waste;

20 ‘‘(ii) the volume of out-of-State mu21 nicipal solid waste received in 1993;

22 ‘‘(iii) the place of origin of the out-of23 State municipal solid waste received; and

24 ‘‘(iv) the type of out-of-State munic25 ipal solid waste received.
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1 ‘‘(B) FALSE OR MISLEADING INFORMA2 TION.—Documentation submitted under sub3 paragraph (A) shall be made under penalty of

4 perjury under State law for the submission of

5 false or misleading information.

6 ‘‘(C) AVAILABILITY OF DOCUMENTA7 TION.—The owner or operator of a facility that

8 receives out-of-State municipal solid waste

9 under subparagraph (A)—

10 ‘‘(i) shall make available for inspec11 tion by the public in the local community

12 a copy of the documentation submitted

13 under subparagraph (A); but

14 ‘‘(ii) may omit any proprietary infor15 mation contained in the documentation.

16 ‘‘(3) BI-STATE METROPOLITAN STATISTICAL

17 AREAS.—

18 ‘‘(A) IN GENERAL.—A facility in a State

19 may receive out-of-State municipal solid waste

20 if the out-of-State municipal solid waste is gen21 erated in, and the facility is located in, the

22 same bi-State level A metropolitan statistical

23 area (as defined and listed by the Director of

24 the Office of Management and Budget as of the

25 date of enactment of this section) that contains
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1 2 contiguous major cities, each of which is in

2 a different State.

3 ‘‘(B) GOVERNOR AGREEMENT.—A facility

4 described in subparagraph (A) may receive out5 of-State municipal solid waste only if the Gov6 ernor of each State in the bi-State metropolitan

7 statistical area agrees that the facility may re8 ceive out-of-State municipal solid waste.

9 ‘‘(f) REQUIRED COMPLIANCE.—A facility may not re10 ceive out-of-State municipal solid waste under subsection

11 (c), (d), or (e) at any time at which the State has deter12 mined that—

13 ‘‘(1) the facility is not in compliance with appli14 cable Federal and State laws (including regulations)

15 relating to—

16 ‘‘(A) facility design and operation; and

17 ‘‘(B)(i) in the case of a landfill—

18 ‘‘(I) facility location standards;

19 ‘‘(II) leachate collection standards;

20 ‘‘(III) ground water monitoring stand21 ards; and

22 ‘‘(IV) standards for financial assur23 ance and for closure, postclosure, and cor24 rective action; and
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1 ‘‘(ii) in the case of an incinerator, the ap2 plicable requirements of section 129 of the

3 Clean Air Act (42 U.S.C. 7429); and

4 ‘‘(2) the noncompliance constitutes a threat to

5 human health or the environment.

6 ‘‘(g) AUTHORITY TO LIMIT RECEIPT OF OUT-OF7 STATE MUNICIPAL SOLID WASTE.—

8 ‘‘(1) LIMITS ON QUANTITY OF WASTE RE9 CEIVED.—

10 ‘‘(A) LIMIT FOR ALL FACILITIES IN THE

11 STATE.—

12 ‘‘(i) IN GENERAL.—A State may limit

13 the quantity of out-of-State municipal solid

14 waste received annually at each facility in

15 the State to the quantity described in

16 paragraph (2).

17 ‘‘(ii) NO CONFLICT.—

18 ‘‘(I) IN GENERAL.—A limit under

19 clause (i) shall not conflict with—

20 ‘‘(aa) an authorization to re21 ceive out-of-State municipal solid

22 waste contained in a permit; or

23 ‘‘(bb) a host community

24 agreement entered into between

25 the owner or operator of a facil-
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1 ity and the affected local govern2 ment.

3 ‘‘(II) CONFLICT.—A limit shall

4 be treated as conflicting with a permit

5 or host community agreement if the

6 permit or host community agreement

7 establishes a higher limit, or if the

8 permit or host community agreement

9 does not establish a limit, on the

10 quantity of out-of-State municipal

11 solid waste that may be received an12 nually at the facility.

13 ‘‘(B) LIMIT FOR PARTICULAR FACILI14 TIES.—

15 ‘‘(i) IN GENERAL.—An affected local

16 government that has not executed a host

17 community agreement with a particular fa18 cility may limit the quantity of out-of-State

19 municipal solid waste received annually at

20 the facility to the quantity specified in

21 paragraph (2).

22 ‘‘(ii) NO CONFLICT.—A limit under

23 clause (i) shall not conflict with an author24 ization to receive out-of-State municipal

25 solid waste contained in a permit.
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1 ‘‘(C) EFFECT ON OTHER LAWS.—Nothing

2 in this subsection supersedes any State law re3 lating to contracts.

4 ‘‘(2) LIMIT ON QUANTITY.—

5 ‘‘(A) IN GENERAL.—For any facility that

6 commenced receiving documented out-of-State

7 municipal solid waste before the date of enact8 ment of this section, the quantity referred to in

9 paragraph (1) for any year shall be equal to the

10 quantity of out-of-State municipal solid waste

11 received at the facility during calendar year

12 1993.

13 ‘‘(B) DOCUMENTATION.—

14 ‘‘(i) CONTENTS.—Documentation sub15 mitted under subparagraph (A) shall in16 clude information about—

17 ‘‘(I) the date of receipt of the

18 out-of-State municipal solid waste;

19 ‘‘(II) the volume of out-of-State

20 municipal solid waste received in

21 1993;

22 ‘‘(III) the place of origin of the

23 out-of-State municipal solid waste re24 ceived; and
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1 ‘‘(IV) the type of out-of-State

2 municipal solid waste received.

3 ‘‘(ii) FALSE OR MISLEADING INFOR4 MATION.—Documentation submitted under

5 subparagraph (A) shall be made under

6 penalty of perjury under State law for the

7 submission of false or misleading informa8 tion.

9 ‘‘(3) NO DISCRIMINATION.—In establishing a

10 limit under this subsection, a State shall act in a

11 manner that does not discriminate against any ship12 ment of out-of-State municipal solid waste on the

13 basis of State of origin.

14 ‘‘(h) AUTHORITY TO LIMIT RECEIPT OF OUT-OF15 STATE MUNICIPAL SOLID WASTE TO DECLINING PER16 CENTAGES OF QUANTITIES RECEIVED DURING 1993.—

17 ‘‘(1) IN GENERAL.—A State in which facilities

18 received more than 650,000 tons of out-of-State mu19 nicipal solid waste in calendar year 1993 may estab20 lish a limit on the quantity of out-of-State municipal

21 solid waste that may be received at all facilities in

22 the State described in subsection (e)(2) in the fol23 lowing quantities:

24 ‘‘(A) In calendar year 2000, 95 percent of

25 the quantity received in calendar year 1993.
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1 ‘‘(B) In each of calendar years 2001

2 through 2006, 95 percent of the quantity re3 ceived in the previous year.

4 ‘‘(C) In each calendar year after calendar

5 year 2006, 65 percent of the quantity received

6 in calendar year 1993.

7 ‘‘(2) UNIFORM APPLICABILITY.—A limit under

8 paragraph (1) shall apply uniformly—

9 ‘‘(A) to the quantity of out-of-State munic10 ipal solid waste that may be received at all fa11 cilities in the State that received out-of-State

12 municipal solid waste in calendar year 1993;

13 and

14 ‘‘(B) for each facility described in clause

15 (i), to the quantity of out-of-State municipal

16 solid waste that may be received from each

17 State that generated out-of-State municipal

18 solid waste received at the facility in calendar

19 year 1993.

20 ‘‘(3) NOTICE.—Not later than 90 days before

21 establishing a limit under paragraph (1), a State

22 shall provide notice of the proposed limit to each

23 State from which municipal solid waste was received

24 in calendar year 1993.
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1 ‘‘(4) ALTERNATIVE AUTHORITIES.—If a State

2 exercises authority under this subsection, the State

3 may not thereafter exercise authority under sub4 section (g).

5 ‘‘(i) COST RECOVERY SURCHARGE.—

6 ‘‘(1) DEFINITIONS.—In this subsection:

7 ‘‘(A) COST.—The term ‘cost’ means a cost

8 incurred by the State for the implementation of

9 State laws governing the processing, combus10 tion, or disposal of municipal solid waste, lim11 ited to—

12 ‘‘(i) the issuance of new permits and

13 renewal of or modification of permits;

14 ‘‘(ii) inspection and compliance moni15 toring;

16 ‘‘(iii) enforcement; and

17 ‘‘(iv) costs associated with technical

18 assistance, data management, and collec19 tion of fees.

20 ‘‘(B) PROCESSING.—The term ‘processing’

21 means any activity to reduce the volume of mu22 nicipal solid waste or alter the chemical, biologi23 cal or physical state of municipal solid waste,

24 through processes such as thermal treatment,
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1 bailing, composting, crushing, shredding, sepa2 ration, or compaction.

3 ‘‘(2) AUTHORITY.—A State may authorize, im4 pose, and collect a cost recovery charge on the proc5 essing or disposal of out-of-State municipal solid

6 waste in the State in accordance with this sub7 section.

8 ‘‘(3) AMOUNT OF SURCHARGE.—The amount of

9 a cost recovery surcharge—

10 ‘‘(A) may be no greater than the amount

11 necessary to recover those costs determined in

12 conformance with paragraph (5); and

13 ‘‘(B) in no event may exceed $3.00 per ton

14 of waste.

15 ‘‘(4) USE OF SURCHARGE COLLECTED.—All

16 cost recovery surcharges collected by a State under

17 this subsection shall be used to fund solid waste

18 management programs, administered by the State or

19 a political subdivision of the State, that incur costs

20 for which the surcharge is collected.

21 ‘‘(5) CONDITIONS.—

22 ‘‘(A) IN GENERAL.—Subject to subpara23 graphs (B) and (C), a State may impose and

24 collect a cost recovery surcharge on the proc-
29

•S 872 IS

1 essing or disposal within the State of out-of2 State municipal solid waste if—

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

4 the State arising from the processing or

5 disposal within the State of a volume of

6 municipal solid waste from a source out7 side the State;

8 ‘‘(ii) the surcharge is based on those

9 costs to the State demonstrated under sub10 paragraph (A) that, if not paid for through

11 the surcharge, would otherwise have to be

12 paid or subsidized by the State; and

13 ‘‘(iii) the surcharge is compensatory

14 and is not discriminatory.

15 ‘‘(B) PROHIBITION OF SURCHARGE.—In

16 no event shall a cost recovery surcharge be im17 posed by a State to the extent that—

18 ‘‘(i) the cost for which recovery is

19 sought is otherwise paid, recovered, or off20 set by any other fee or tax paid to the

21 State or a political subdivision of the

22 State; or

23 ‘‘(ii) to the extent that the amount of

24 the surcharge is offset by voluntary pay25 ments to a State or a political subdivision
30

•S 872 IS

1 of the State, in connection with the gen2 eration, transportation, treatment, proc3 essing, or disposal of solid waste.

4 ‘‘(C) SUBSIDY; NON-DISCRIMINATION.—

5 The grant of a subsidy by a State with respect

6 to entities disposing of waste generated within

7 the State does not constitute discrimination for

8 purposes of subparagraph (A).

9 ‘‘(j) IMPLEMENTATION AND ENFORCEMENT.—A

10 State may adopt such laws (including regulations), not in11 consistent with this section, as are appropriate to imple12 ment and enforce this section, including provisions for

13 penalties.

14 ‘‘(k) ANNUAL STATE REPORT.—

15 ‘‘(1) FACILITIES.—On February 1, 2000, and

16 on February 1 of each subsequent year, the owner

17 or operator of each facility that receives out-of-State

18 municipal solid waste shall submit to the State infor19 mation specifying—

20 ‘‘(A) the quantity of out-of-State municipal

21 solid waste received during the preceding cal22 endar year; and

23 ‘‘(B) the State of origin of the out-of-State

24 municipal solid waste received during the pre25 ceding calendar year.
31

•S 872 IS

1 ‘‘(2) TRANSFER STATIONS.—

2 ‘‘(A) DEFINITION OF RECEIVE FOR TRANS3 FER.—In this paragraph, the term ‘receive for

4 transfer’ means receive for temporary storage

5 pending transfer to another State or facility.

6 ‘‘(B) REPORT.—On February 1, 2000, and

7 on February 1 of each subsequent year, the

8 owner or operator of each transfer station that

9 receives for transfer out-of-State municipal

10 solid waste shall submit to the State a report

11 describing—

12 ‘‘(i) the quantity of out-of-State mu13 nicipal solid waste received for transfer

14 during the preceding calendar year;

15 ‘‘(ii) each State of origin of the out16 of-State municipal solid waste received for

17 transfer during the preceding calendar

18 year; and

19 ‘‘(iii) each State of destination of the

20 out-of-State municipal solid waste trans21 ferred from the transfer station during the

22 preceding calendar year.

23 ‘‘(3) NO PRECLUSION OF STATE REQUIRE24 MENTS.—The requirements of paragraphs (1) and
32

•S 872 IS

1 (2) do not preclude any State requirement for more

2 frequent reporting.

3 ‘‘(4) FALSE OR MISLEADING INFORMATION.—

4 Documentation submitted under paragraphs (1) and

5 (2) shall be made under penalty of perjury under

6 State law for the submission of false or misleading

7 information.

8 ‘‘(5) REPORT.—On March 1, 2000, and on

9 March 1 of each year thereafter, each State to which

10 information is submitted under paragraphs (1) and

11 (2) shall publish and make available to the public a

12 report containing information on the quantity of out13 of-State municipal solid waste received for disposal

14 and received for transfer in the State during the

15 preceding calendar year.’’.

16 (b) CONFORMING AMENDMENT.—The table of con17 tents of the Solid Waste Disposal Act (42 U.S.C. prec.

18 6901) is amended by adding after the item relating to sec19 tion 4010 the following:

‘‘Sec. 4011. Authority to prohibit or limit receipt of out-of-State municipal solid

waste at existing facilities.’’.
33

•S 872 IS

1 SEC. 3. AUTHORITY TO DENY PERMITS FOR OR IMPOSE

2 PERCENTAGE LIMITS ON RECEIPT OF OUT3 OF-STATE MUNICIPAL SOLID WASTE AT NEW

4 FACILITIES.

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

6 Disposal Act (42 U.S.C. 6941 et seq.) (as amended by

7 section 2(a)), is amended by adding after section 4011 the

8 following:

9 ‘‘SEC. 4012. AUTHORITY TO DENY PERMITS FOR OR IMPOSE

10 PERCENTAGE LIMITS ON RECEIPT OF OUT11 OF-STATE MUNICIPAL SOLID WASTE AT NEW

12 FACILITIES.

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

14 ‘‘(1) TERMS DEFINED IN SECTION 4011.—The

15 terms ‘authorization to receive out-of-State munic16 ipal solid waste’, ‘disposal’, ‘existing host community

17 agreement’, ‘host community agreement’, ‘municipal

18 solid waste’, ‘out-of-State municipal solid waste’, and

19 ‘receive’ have the meaning given those terms, respec20 tively, in section 4011.

21 ‘‘(2) OTHER TERMS.—The term ‘facility’ means

22 a landfill, incinerator, or other enterprise that re23 ceives out-of-State municipal solid waste on or after

24 the date of enactment of this section.

25 ‘‘(b) AUTHORITY TO DENY PERMITS OR IMPOSE

26 PERCENTAGE LIMITS.—
34

•S 872 IS

1 ‘‘(1) ALTERNATIVE AUTHORITIES.—In any cal2 endar year, a State may exercise the authority under

3 either paragraph (2) or paragraph (3), but may not

4 exercise the authority under both paragraphs (2)

5 and (3).

6 ‘‘(2) AUTHORITY TO DENY PERMITS.—A State

7 may deny a permit for the construction or operation

8 of or a major modification to a facility if—

9 ‘‘(A) the State has approved a State or

10 local comprehensive municipal solid waste man11 agement plan developed under Federal or State

12 law; and

13 ‘‘(B) the denial is based on a determina14 tion, under a State law authorizing the denial,

15 that there is not a local or regional need for the

16 facility in the State.

17 ‘‘(3) AUTHORITY TO IMPOSE PERCENTAGE

18 LIMIT.—A State may provide by law that a State

19 permit for the construction, operation, or expansion

20 of a facility shall include the requirement that not

21 more than a specified percentage (which shall be not

22 less than 20 percent) of the total quantity of munic23 ipal solid waste received annually at the facility shall

24 be out-of-State municipal solid waste.

25 ‘‘(c) NEW HOST COMMUNITY AGREEMENTS.—
35

•S 872 IS

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

2 (b)(3), a facility operating under an existing host

3 community agreement that contains an authorization

4 to receive out-of-State municipal solid waste in a

5 specific quantity annually may receive that quantity.

6 ‘‘(2) NO EFFECT ON STATE PERMIT DENIAL.—

7 Nothing in paragraph (1) authorizes a facility de8 scribed in that paragraph to receive out-of-State mu9 nicipal solid waste if the State has denied a permit

10 to the facility under subsection (b)(2).

11 ‘‘(d) UNIFORM AND NONDISCRIMINATORY APPLICA12 TION.—A law under subsection (b) or (c)—

13 ‘‘(1) shall be applicable throughout the State;

14 ‘‘(2) shall not directly or indirectly discriminate

15 against any particular facility; and

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

17 against any shipment of out-of-State municipal solid

18 waste on the basis of place of origin.’’.

19 (b) CONFORMING AMENDMENT.—The table of con20 tents in section 1001 of the Solid Waste Disposal Act (42

21 U.S.C. prec. 6901) (as amended by section 1(b)) is

22 amended by adding at the end of the items relating to

23 subtitle D the following:

‘‘Sec. 4012. Authority to deny permits for or impose percentage limits on new

facilities.’’.
36

•S 872 IS

1 SEC. 4. CONSTRUCTION AND DEMOLITION WASTE.

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

3 Disposal Act (42 U.S.C. 6941 et seq.) (as amended by

4 section 3(a)), is amended by adding after section 4012 the

5 following:

6 ‘‘SEC. 4013. CONSTRUCTION AND DEMOLITION WASTE.

7 ‘‘(a) DEFINITIONS.—In this section:

8 ‘‘(1) TERMS DEFINED IN SECTION 4011.—The

9 terms ‘affected local government’, ‘Governor’, and

10 ‘receive’ have the meanings given those terms, re11 spectively, in section 4011.

12 ‘‘(2) OTHER TERMS.—

13 ‘‘(A) BASE YEAR QUANTITY.—The term

14 ‘base year quantity’ means—

15 ‘‘(i) the annual quantity of out-of16 State construction and demolition debris

17 received at a State in calendar year 2000,

18 as determined under subsection

19 (c)(2)(B)(i); or

20 ‘‘(ii) in the case of an expedited imple21 mentation under subsection (c)(5), the an22 nual quantity of out-of-State construction

23 and demolition debris received in a State

24 in calendar year 1999.

25 ‘‘(B) CONSTRUCTION AND DEMOLITION

26 WASTE.—
37

•S 872 IS

1 ‘‘(i) IN GENERAL.—The term ‘con2 struction and demolition waste’ means de3 bris resulting from the construction, ren4 ovation, repair, or demolition of or similar

5 work on a structure.

6 ‘‘(ii) EXCLUSIONS.—The term ‘con7 struction and demolition waste’ does not

8 include debris that—

9 ‘‘(I) is commingled with munic10 ipal solid waste; or

11 ‘‘(II) is contaminated, as deter12 mined under subsection (b).

13 ‘‘(C) FACILITY.—The term ‘facility’ means

14 any enterprise that receives construction and

15 demolition waste on or after the date of enact16 ment of this section, including landfills.

17 ‘‘(D) OUT-OF-STATE CONSTRUCTION AND

18 DEMOLITION WASTE.—The term ‘out-of-State

19 construction and demolition waste’ means—

20 ‘‘(i) with respect to any State, con21 struction and demolition debris generated

22 outside the State; and

23 ‘‘(ii) construction and demolition de24 bris generated outside the United States,

25 unless the President determines that treat-
38

•S 872 IS

1 ment of the construction and demolition

2 debris as out-of-State construction and

3 demolition waste under this section would

4 be inconsistent with the North American

5 Free Trade Agreement or the Uruguay

6 Round Agreements (as defined in section 2

7 of the Uruguay Round Agreements Act (19

8 U.S.C. 3501)).

9 ‘‘(b) CONTAMINATED CONSTRUCTION AND DEMOLI10 TION DEBRIS.—

11 ‘‘(1) IN GENERAL.—For the purpose of deter12 mining whether debris is contaminated, the gener13 ator of the debris shall conduct representative sam14 pling and analysis of the debris.

15 ‘‘(2) SUBMISSION OF RESULTS.—Unless not re16 quired by the affected local government, the results

17 of the sampling and analysis under paragraph (1)

18 shall be submitted to the affected local government

19 for recordkeeping purposes only.

20 ‘‘(3) DISPOSAL OF CONTAMINATED DEBRIS.—

21 Any debris described in subsection (a)(2)(B)(i) that

22 is determined to be contaminated shall be disposed

23 of in a landfill that meets the requirements of this

24 Act.
39

•S 872 IS

1 ‘‘(c) LIMIT ON CONSTRUCTION AND DEMOLITION

2 WASTE.—

3 ‘‘(1) IN GENERAL.—A State may establish a

4 limit on the annual amount of out-of-State construc5 tion and demolition waste that may be received at

6 landfills in the State.

7 ‘‘(2) REQUIRED ACTION BY THE STATE.—A

8 State that seeks to limit the receipt of out-of-State

9 construction and demolition waste received under

10 this section shall—

11 ‘‘(a) not later than January 1, 2000, es12 tablish and implement reporting requirements

13 to determine the quantity of construction and

14 demolition waste that is—

15 ‘‘(i) disposed of in the State; and

16 ‘‘(ii) imported into the State; and

17 ‘‘(b) not later than March 1, 2001—

18 ‘‘(i) establish the annual quantity of

19 out-of-State construction and demolition

20 waste received during calendar year 2000;

21 and

22 ‘‘(ii) report the tonnage received dur23 ing calendar year 2000 to the Governor of

24 each exporting State.

25 ‘‘(3) REPORTING BY FACILITIES.—
40

•S 872 IS

1 ‘‘(A) IN GENERAL.—Each facility that re2 ceives out-of-State construction and demolition

3 debris shall report to the State in which the fa4 cility is located the quantity and State of origin

5 of out-of-State construction and demolition de6 bris received—

7 ‘‘(i) in calendar year 1999, not later

8 than February 1, 2000; and

9 ‘‘(ii) in each subsequent calendar

10 year, not later than February 1 of the cal11 endar year following that year.

12 ‘‘(B) NO PRECLUSION OF STATE REQUIRE13 MENTS.—The requirement of subparagraph (A)

14 does not preclude any State requirement for

15 more frequent reporting.

16 ‘‘(C) PENALTY.—Each submission under

17 this paragraph shall be made under penalty of

18 perjury under State law.

19 ‘‘(4) LIMIT ON DEBRIS RECEIVED.—

20 ‘‘(A) RATCHET.—A State in which facili21 ties receive out-of-State construction and demo22 lition debris may decrease the quantity of con23 struction and demolition debris that may be re24 ceived at each facility to an annual percentage
41

•S 872 IS

1 of the base year quantity specified in subpara2 graph (B).

3 ‘‘(B) REDUCED ANNUAL PERCENTAGES.—

4 A limit on out-of-State construction and demoli5 tion debris imposed by a State under subpara6 graph (A) shall be equal to—

7 ‘‘(i) in calendar year 2001, 95 percent

8 of the base year quantity;

9 ‘‘(ii) in calendar year 2002, 90 per10 cent of the base year quantity;

11 ‘‘(iii) in calendar year 2003, 85 per12 cent of the base year quantity;

13 ‘‘(iv) in calendar year 2004, 80 per14 cent of the base year quantity;

15 ‘‘(v) in calendar year 2005, 75 per16 cent of the base year quantity;

17 ‘‘(vi) in calendar year 2006, 70 per18 cent of the base year quantity;

19 ‘‘(vii) in calendar year 2007, 65 per20 cent of the base year quantity;

21 ‘‘(viii) in calendar year 2008, 60 per22 cent of the base year quantity;

23 ‘‘(ix) in calendar year 2009, 55 per24 cent of the base year quantity; and
42

•S 872 IS

1 ‘‘(x) in calendar year 2010 and in

2 each subsequent year, 50 percent of the

3 base year quantity.

4 ‘‘(5) EXPEDITED IMPLEMENTATION.—

5 ‘‘(A) RATCHET.—A State in which facili6 ties receive out-of-State construction and demo7 lition debris may decrease the quantity of con8 struction and demolition debris that may be re9 ceived at each facility to an annual percentage

10 of the base year quantity specified in subpara11 graph (B) if—

12 ‘‘(i) on the date of enactment of this

13 section, the State has determined the

14 quantity of construction and demolition

15 waste received in the State in calendar

16 year 1999; and

17 ‘‘(ii) the State complies with para18 graphs (2) and (3).

19 ‘‘(B) EXPEDITED REDUCED ANNUAL PER20 CENTAGES.—An expedited implementation of a

21 limit on the receipt of out-of-State construction

22 and demolition debris imposed by a State under

23 subparagraph (A) shall be equal to—

24 ‘‘(i) in calendar year 2000, 95 percent

25 of the base year quantity;
43

•S 872 IS

1 ‘‘(ii) in calendar year 2001, 90 per2 cent of the base year quantity;

3 ‘‘(iii) in calendar year 2002, 85 per4 cent of the base year quantity;

5 ‘‘(iv) in calendar year 2003, 80 per6 cent of the base year quantity;

7 ‘‘(v) in calendar year 2004, 75 per8 cent of the base year quantity;

9 ‘‘(vi) in calendar year 2005, 70 per10 cent of the base year quantity;

11 ‘‘(vii) in calendar year 2006, 65 per12 cent of the base year quantity;

13 ‘‘(viii) in calendar year 2007, 60 per14 cent of the base year quantity;

15 ‘‘(ix) in calendar year 2008, 55 per16 cent of the base year quantity; and

17 ‘‘(x) in calendar year 2009 and in

18 each subsequent year, 50 percent of the

19 base year quantity.’’.

20 (b) CONFORMING AMENDMENT.—The table of con21 tents in section 1001 of the Solid Waste Disposal Act (42

22 U.S.C. prec. 6901) (as amended by section 3(b)), is

23 amended by adding at the end of the items relating to

24 subtitle D the following:

‘‘Sec. 4013. Construction and demolition debris.’’.
44

•S 872 IS

1 SEC. 5. CONGRESSIONAL AUTHORIZATION OF STATE AND

2 LOCAL MUNICIPAL SOLID WASTE FLOW CON3 TROL.

4 (a) AMENDMENT OF SUBTITLE D.—Subtitle D of the

5 Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) (as

6 amended by section 4(a)) is amended by adding after sec7 tion 4013 the following:

8 ‘‘SEC. 4014. CONGRESSIONAL AUTHORIZATION OF STATE

9 AND LOCAL GOVERNMENT CONTROL OVER

10 MOVEMENT OF MUNICIPAL SOLID WASTE

11 AND RECYCLABLE MATERIALS.

12 ‘‘(a) FLOW CONTROL AUTHORITY FOR FACILITIES

13 PREVIOUSLY DESIGNATED.—Any State or political sub14 division thereof is authorized to exercise flow control au15 thority to direct the movement of municipal solid waste

16 and recyclable materials voluntarily relinquished by the

17 owner or generator thereof to particular waste manage18 ment facilities, or facilities for recyclable materials, des19 ignated as of the suspension date, if each of the following

20 conditions are met:

21 ‘‘(1) The waste and recyclable materials are

22 generated within the jurisdictional boundaries of

23 such State or political subdivision, as such jurisdic24 tion was in effect on the suspension date.

25 ‘‘(2) Such flow control authority is imposed

26 through the adoption or execution of a law, ordi-
45

•S 872 IS

1 nance, regulation, resolution, or other legally binding

2 provision or official act of the State or political sub3 division that—

4 ‘‘(A) was in effect on the suspension date;

5 ‘‘(B) was in effect prior to the issuance of

6 an injunction or other order by a court based

7 on a ruling that such law, ordinance, regula8 tion, resolution, or other legally binding provi9 sion or official act violated the Commerce

10 Clause of the United States Constitution; or

11 ‘‘(C) was in effect immediately prior to

12 suspension or partial suspension thereof by leg13 islative or official administrative action of the

14 State or political subdivision expressly because

15 of the existence of an injunction or other court

16 order of the type described in subparagraph (B)

17 issued by a court of competent jurisdiction.

18 ‘‘(3) The State or a political subdivision thereof

19 has, for one or more of such designated facilities—

20 ‘‘(A) on or before the suspension date, pre21 sented eligible bonds for sale;

22 ‘‘(B) on or before the suspension date,

23 issued a written public declaration or regulation

24 stating that bonds would be issued and held

25 hearings regarding such issuance, and subse-
46

•S 872 IS

1 quently presented eligible bonds for sale within

2 180 days of the declaration or regulation; or

3 ‘‘(C) on or before the suspension date, exe4 cuted a legally binding contract or agreement

5 that—

6 ‘‘(i) was in effect as of the suspension

7 date;

8 ‘‘(ii) obligates the delivery of a min9 imum quantity of municipal solid waste or

10 recyclable materials to one or more such

11 designated waste management facilities or

12 facilities for recyclable materials; and

13 ‘‘(iii) either—

14 ‘‘(I) obligates the State or polit15 ical subdivision to pay for that min16 imum quantity of waste or recyclable

17 materials even if the stated minimum

18 quantity of such waste or recyclable

19 materials is not delivered within a re20 quired timeframe; or

21 ‘‘(II) otherwise imposes liability

22 for damages resulting from such fail23 ure.

24 ‘‘(b) WASTE STREAM SUBJECT TO FLOW CON25 TROL.—Subsection (a) authorizes only the exercise of flow
47

•S 872 IS

1 control authority with respect to the flow to any des2 ignated facility of the specific classes or categories of mu3 nicipal solid waste and voluntarily relinquished recyclable

4 materials to which such flow control authority was applica5 ble on the suspension date and—

6 ‘‘(1) in the case of any designated waste man7 agement facility or facility for recyclable materials

8 that was in operation as of the suspension date, only

9 if the facility concerned received municipal solid

10 waste or recyclable materials in those classes or cat11 egories on or before the suspension date; and

12 ‘‘(2) in the case of any designated waste man13 agement facility or facility for recyclable materials

14 that was not yet in operation as of the suspension

15 date, only of the classes or categories that were

16 clearly identified by the State or political subdivision

17 as of the suspension date to be flow controlled to

18 such facility.

19 ‘‘(c) DURATION OF FLOW CONTROL AUTHORITY.—

20 Flow control authority may be exercised pursuant to this

21 section with respect to any facility or facilities only until

22 the later of the following:

23 ‘‘(1) The final maturity date of the bond re24 ferred to in subsection (a)(3)(A) or (B).
48

•S 872 IS

1 ‘‘(2) The expiration date of the contract or

2 agreement referred to in subsection (a)(3)(C).

3 ‘‘(3) The adjusted expiration date of a bond

4 issued for a qualified environmental retrofit.

5 The dates referred to in paragraphs (1) and (2) shall be

6 determined based upon the terms and provisions of the

7 bond or contract or agreement. In the case of a contract

8 or agreement described in subsection (a)(3)(C) that has

9 no specified expiration date, for purposes of paragraph (2)

10 of this subsection the expiration date shall be the first date

11 that the State or political subdivision that is a party to

12 the contract or agreement can withdraw from its respon13 sibilities under the contract or agreement without being

14 in default thereunder and without substantial penalty or

15 other substantial legal sanction. The expiration date of a

16 contract or agreement referred to in subsection (a)(3)(C)

17 shall be deemed to occur at the end of the period of an

18 extension exercised during the term of the original con19 tract or agreement, if the duration of that extension was

20 specified by such contract or agreement as in effect on

21 the suspension date.

22 ‘‘(d) INDEMNIFICATION FOR CERTAIN TRANSPOR23 TATION.—Notwithstanding any other provision of this sec24 tion, no State or political subdivision may require any per25 son to transport municipal solid waste or recyclable mate-
49

•S 872 IS

1 rials, or to deliver such waste or materials for transpor2 tation, to any active portion of a municipal solid waste

3 landfill unit if contamination of such active portion is a

4 basis for listing of the municipal solid waste landfill unit

5 on the National Priorities List established under the Com6 prehensive Environmental Response, Compensation, and

7 Liability Act of 1980 unless such State or political subdivi8 sion or the owner or operator of such landfill unit has in9 demnified that person against all liability under that Act

10 with respect to such waste or materials.

11 ‘‘(e) OWNERSHIP OF RECYCLABLE MATERIALS.—

12 Nothing in this section shall authorize any State or polit13 ical subdivision to require any person to sell or transfer

14 any recyclable materials to such State or political subdivi15 sion.

16 ‘‘(f) LIMITATION ON REVENUE.—A State or political

17 subdivision may exercise the flow control authority grant18 ed in this section only if the State or political subdivision

19 limits the use of any of the revenues it derives from the

20 exercise of such authority to the payment of one or more

21 of the following:

22 ‘‘(1) Principal and interest on any eligible bond.

23 ‘‘(2) Principal and interest on a bond issued for

24 a qualified environmental retrofit.
50

•S 872 IS

1 ‘‘(3) Payments required by the terms of a con2 tract referred to in subsection (a)(3)(C).

3 ‘‘(4) Other expenses necessary for the operation

4 and maintenance and closure of designated facilities

5 and other integral facilities identified by the bond

6 necessary for the operation and maintenance of such

7 designated facilities.

8 ‘‘(5) To the extent not covered by paragraphs

9 (1) through (4), expenses for recycling, composting,

10 and household hazardous waste activities in which

11 the State or political subdivision was engaged before

12 the suspension date. The amount and nature of pay13 ments described in this paragraph shall be fully dis14 closed to the public annually.

15 ‘‘(g) INTERIM CONTRACTS.—A contract of the type

16 referred to in subsection (a)(3)(C) that was entered into

17 during the period—

18 ‘‘(1) before November 10, 1995, and after the

19 effective date of any applicable final court order no

20 longer subject to judicial review specifically invali21 dating the flow control authority of the applicable

22 State or political subdivision; or

23 ‘‘(2) after the applicable State or political sub24 division refrained pursuant to legislative or official

25 administrative action from enforcing flow control au-
51

•S 872 IS

1 thority expressly because of the existence of a court

2 order of the type described in subsection (a)(2)(B)

3 issued by a court of the same State or the Federal

4 judicial circuit within which such State is located

5 and before the effective date on which it resumes en6 forcement of flow control authority after enactment

7 of this section,

8 shall be fully enforceable in accordance with State law.

9 ‘‘(h) AREAS WITH PRE-1984 FLOW CONTROL.—

10 ‘‘(1) GENERAL AUTHORITY.—A State that on

11 or before January 1, 1984—

12 ‘‘(A) adopted regulations under a State

13 law that required or directed transportation,

14 management, or disposal of municipal solid

15 waste from residential, commercial, institu16 tional, or industrial sources (as defined under

17 State law) to specifically identified waste man18 agement facilities, and applied those regulations

19 to every political subdivision of the State; and

20 ‘‘(B) subjected such waste management fa21 cilities to the jurisdiction of a State public utili22 ties commission,

23 may exercise flow control authority over municipal

24 solid waste in accordance with the other provisions

25 of this section.
52

•S 872 IS

1 ‘‘(2) ADDITIONAL FLOW CONTROL AUTHOR2 ITY.—A State or any political subdivision of a State

3 that meets the requirements of paragraph (1) may

4 exercise flow control authority over all classes and

5 categories of municipal solid waste that were subject

6 to flow control by that State or political subdivision

7 on May 16, 1994, by directing municipal solid waste

8 from any waste management facility that was des9 ignated as of May 16, 1994 to any other waste man10 agement facility in the State without regard to

11 whether the political subdivision in which the munic12 ipal solid waste is generated had designated the par13 ticular waste management facility or had issued a

14 bond or entered into a contact referred to in sub15 paragraph (A) or (B) of subsection (a)(3), respec16 tively.

17 ‘‘(3) DURATION OF AUTHORITY.—The authority

18 to direct municipal solid waste to any facility pursu19 ant to this subsection shall terminate with regard to

20 such facility in accordance with subsection (c).

21 ‘‘(i) EFFECT ON AUTHORITY OF STATES AND POLIT22 ICAL SUBDIVISIONS.—Nothing in this section shall be

23 interpreted—
53

•S 872 IS

1 ‘‘(1) to authorize a political subdivision to exer2 cise the flow control authority granted by this sec3 tion in a manner inconsistent with State law;

4 ‘‘(2) to permit the exercise of flow control au5 thority over municipal solid waste and recyclable ma6 terials to an extent greater than the maximum vol7 ume authorized by State permit to be disposed at

8 the waste management facility or processed at the

9 facility for recyclable materials;

10 ‘‘(3) to limit the authority of any State or polit11 ical subdivision to place a condition on a franchise,

12 license, or contract for municipal solid waste or recy13 clable materials collection, processing, or disposal; or

14 ‘‘(4) to impair in any manner the authority of

15 any State or political subdivision to adopt or enforce

16 any law, ordinance, regulation, or other legally bind17 ing provision or official act relating to the movement

18 or processing of municipal solid waste or recyclable

19 materials which does not constitute discrimination

20 against or an undue burden upon interstate com21 merce.

22 ‘‘(j) EFFECTIVE DATE.—The provisions of this sec23 tion shall take effect with respect to the exercise by any

24 State or political subdivision of flow control authority on

25 or after the date of enactment of this section. Such provi-
54

•S 872 IS

1 sions, other than subsection (d), shall also apply to the

2 exercise by any State or political subdivision of flow con3 trol authority before such date of enactment, except that

4 nothing in this section shall affect any final judgment that

5 is no longer subject to judicial review as of the date of

6 enactment of this section insofar as such judgment award7 ed damages based on a finding that the exercise of flow

8 control authority was unconstitutional.

9 ‘‘(k) STATE SOLID WASTE DISTRICT AUTHORITY.—

10 In addition to any other flow control authority authorized

11 under this section a solid waste district or a political sub12 division of a State may exercise flow control authority for

13 a period of 20 years after the enactment of this section,

14 for municipal solid waste and for recyclable materials that

15 is generated within its jurisdiction if—

16 ‘‘(1) the solid waste district, or a political sub17 division within such district, is required through a

18 recyclable materials recycling program to meet a

19 municipal solid waste reduction goal of at least 30

20 percent by the year 2005, and uses revenues gen21 erated by the exercise of flow control authority

22 strictly to implement programs to manage municipal

23 solid waste and recyclable materials, other than in24 cineration programs; and
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1 ‘‘(2) prior to the suspension date, the solid

2 waste district, or a political subdivision within such

3 district—

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

5 the management and regulation of the storage,

6 collection, processing, and disposal of solid

7 wastes within its jurisdiction;

8 ‘‘(B) was authorized by State statute (en9 acted prior to January 1, 1992) to exercise flow

10 control authority, and subsequently adopted or

11 sought to exercise the authority through a law,

12 ordinance, regulation, regulatory proceeding,

13 contract, franchise, or other legally binding pro14 vision; and

15 ‘‘(C) was required by State statute (en16 acted prior to January 1, 1992) to develop and

17 implement a solid waste management plan con18 sistent with the State solid waste management

19 plan, and the district solid waste management

20 plan was approved by the appropriate State

21 agency prior to September 15, 1994.

22 ‘‘(l) SPECIAL RULE FOR CERTAIN CONSORTIA.—For

23 purposes of this section, if—

24 ‘‘(1) two or more political subdivisions are

25 members of a consortium of political subdivisions es-
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1 tablished to exercise flow control authority with re2 spect to any waste management facility or facility

3 for recyclable materials;

4 ‘‘(2) all of such members have either presented

5 eligible bonds for sale or executed contracts with the

6 owner or operator of the facility requiring use of

7 such facility;

8 ‘‘(3) the facility was designated as of the sus9 pension date by at least one of such members;

10 ‘‘(4) at least one of such members has met the

11 requirements of subsection (a)(2) with respect to

12 such facility; and

13 ‘‘(5) at least one of such members has pre14 sented eligible bonds for sale, or entered into a con15 tract or agreement referred to in subsection

16 (a)(3)(C), on or before the suspension date, for such

17 facility,

18 the facility shall be treated as having been designated, as

19 of May 16, 1994, by all members of such consortium, and

20 all such members shall be treated as meeting the require21 ments of subsection (a)(2) and (3) with respect to such

22 facility.

23 ‘‘(m) RECOVERY OF DAMAGES.—

24 ‘‘(1) PROHIBITION.—No damages, interest on

25 damages, costs, or attorneys’ fees may be recovered
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1 in any claim against any State or local government,

2 or official or employee thereof, based on the exercise

3 of flow control authority on or before May 16, 1994.

4 ‘‘(2) APPLICABILITY.—Paragraph (1) shall

5 apply to cases commenced on or after the date of en6 actment of the Solid Waste Interstate Transpor7 tation and Local Authority Act of 1999, and shall

8 apply to cases commenced before such date except

9 cases in which a final judgment no longer subject to

10 judicial review has been rendered.

11 ‘‘(n) DEFINITIONS.—For the purposes of this

12 section—

13 ‘‘(1) ADJUSTED EXPIRATION DATE.—The term

14 ‘adjusted expiration date’ means, with respect to a

15 bond issued for a qualified environmental retrofit,

16 the earlier of the final maturity date of such bond

17 or 15 years after the date of issuance of such bond.

18 ‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON19 MENTAL RETROFIT.—The term ‘bond issued for a

20 qualified environmental retrofit’ means a bond de21 scribed in paragraph (4)(A) or (B), the proceeds of

22 which are dedicated to financing the retrofitting of

23 a resource recovery facility or a municipal solid

24 waste incinerator necessary to comply with section

25 129 of the Clean Air Act, provided that such bond
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1 is presented for sale before the expiration date of the

2 bond or contract referred to in subsection (a)(3)(A),

3 (B), or (C) that is applicable to such facility and no

4 later than December 31, 1999.

5 ‘‘(3) DESIGNATED.—The term ‘designated’

6 means identified by a State or political subdivision

7 for receipt of all or any portion of the municipal

8 solid waste or recyclable materials that is generated

9 within the boundaries of the State or political sub10 division. Such designation includes designation

11 through—

12 ‘‘(A) bond covenants, official statements,

13 or other official financing documents issued by

14 a State or political subdivision issuing an eligi15 ble bond; and

16 ‘‘(B) the execution of a contract of the

17 type described in subsection (a)(3)(C),

18 in which one or more specific waste management fa19 cilities are identified as the requisite facility or facili20 ties for receipt of municipal solid waste or recyclable

21 materials generated within the jurisdictional bound22 aries of that State or political subdivision.

23 ‘‘(4) ELIGIBLE BOND.—The term ‘eligible bond’

24 means—
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1 ‘‘(A) a revenue bond or similar instrument

2 of indebtedness pledging payment to the bond3 holder or holder of the debt of identified reve4 nues; or

5 ‘‘(B) a general obligation bond,

6 the proceeds of which are used to finance one or

7 more designated waste management facilities, facili8 ties for recyclable materials, or specifically and di9 rectly related assets, development costs, or finance

10 costs, as evidenced by the bond documents.

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

12 ‘flow control authority’ means the regulatory author13 ity to control the movement of municipal solid waste

14 or voluntarily relinquished recyclable materials and

15 direct such solid waste or recyclable materials to one

16 or more designated waste management facilities or

17 facilities for recyclable materials within the bound18 aries of a State or political subdivision.

19 ‘‘(6) MUNICIPAL SOLID WASTE.—The term

20 ‘municipal solid waste’ has the meaning given that

21 term in section 4011, except that such term—

22 ‘‘(A) includes waste material removed from

23 a septic tank, septage pit, or cesspool (other

24 than from portable toilets); and

25 ‘‘(B) does not include—
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1 ‘‘(i) any substance the treatment and

2 disposal of which is regulated under the

3 Toxic Substances Control Act;

4 ‘‘(ii) waste generated during scrap

5 processing and scrap recycling; or

6 ‘‘(iii) construction and demolition de7 bris, except where the State or political

8 subdivision had on or before January 1,

9 1989, issued eligible bonds secured pursu10 ant to State or local law requiring the de11 livery of construction and demolition debris

12 to a waste management facility designated

13 by such State or political subdivision.

14 ‘‘(7) POLITICAL SUBDIVISION.—The term ‘polit15 ical subdivision’ means a city, town, borough, coun16 ty, parish, district, or public service authority or

17 other public body created by or pursuant to State

18 law with authority to present for sale an eligible

19 bond or to exercise flow control authority.

20 ‘‘(8) RECYCLABLE MATERIALS.—The term ‘re21 cyclable materials’ means any materials that have

22 been separated from waste otherwise destined for

23 disposal (either at the source of the waste or at

24 processing facilities) or that have been managed sep25 arately from waste destined for disposal, for the pur-
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1 pose of recycling, reclamation, composting of organic

2 materials such as food and yard waste, or reuse

3 (other than for the purpose of incineration). Such

4 term includes scrap tires to be used in resource re5 covery.

6 ‘‘(9) SUSPENSION DATE.—The term ‘suspension

7 date’ means, with respect to a State or political

8 subdivision—

9 ‘‘(A) May 16, 1994;

10 ‘‘(B) the date of an injunction or other

11 court order described in subsection (a)(2)(B)

12 that was issued with respect to that State or

13 political subdivision; or

14 ‘‘(C) the date of a suspension or partial

15 suspension described in subsection (a)(2)(C)

16 with respect to that State or political subdivi17 sion.

18 ‘‘(10) WASTE MANAGEMENT FACILITY.—The

19 term ‘waste management facility’ means any facility

20 for separating, storing, transferring, treating, proc21 essing, combusting, or disposing of municipal solid

22 waste.’’.

23 (b) TABLE OF CONTENTS.—The table of contents in

24 section 1001 of the Solid Waste Disposal Act (42 U.S.C.

25 prec. 6901) (as amended by section 4(b)), is amended by
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1 adding at the end of the items relating to subtitle D the

2 following:

‘‘Sec. 4014. Congressional authorization of State and local government control

over movement of municipal solid waste and recyclable materials.’’.

3 SEC. 6. EFFECT ON INTERSTATE COMMERCE.

4 No action by a State or affected local government

5 under an amendment made by this Act shall be considered

6 to impose an undue burden on interstate commerce or to

7 otherwise impair, restrain, or discriminate against inter8 state commerce.

Æ