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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2227 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2227

    To amend the Solid Waste Disposal Act to provide congressional 
 authorization of State control over transportation of municipal solid 
                     waste, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 21 (legislative day, June 7), 1994

Mr. Lautenberg (for himself and Mr. Mitchell) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
    To amend the Solid Waste Disposal Act to provide congressional 
 authorization of State control over transportation of municipal solid 
                     waste, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flow Control Act of 1994''.

SEC. 2. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
              TRANSPORTATION OF MUNICIPAL SOLID WASTE.

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

``SEC. 4011. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
              TRANSPORTATION OF MUNICIPAL SOLID WASTE.

    ``(a) Authority.--
            ``(1) In general.--Each State and each qualified political 
        subdivision may, in accordance with this section--
                    ``(A) direct, limit, regulate, or prohibit the 
                transportation of municipal solid waste generated from 
                household sources (as described in subsection 
                (g)(2)(A)(i)) within the boundaries of the State or 
                subdivision and designate each waste management 
                facility to which any such municipal solid waste shall 
                be transported;
                    ``(B) direct, limit, regulate, or prohibit the 
                transportation of municipal solid waste that is 
                generated, or is commingled with municipal solid waste 
                that is generated, from commercial, institutional, or 
                industrial sources within the boundaries of the State 
                or subdivision, or that is incinerator ash from a solid 
                waste incineration unit, or construction debris or 
                demolition debris, generated within the boundaries of 
                the State or subdivision (referred to in this 
                subparagraph as `covered waste') and designate each 
                waste management facility to which any such covered 
                waste shall be transported, if, before May 15, 1994--
                            ``(i) the State or subdivision adopted a 
                        law, ordinance, regulation, or legislative or 
                        administrative provision that pertains to the 
                        transportation of municipal solid waste 
                        generated within the boundaries; and
                            ``(ii) directed, limited, regulated, or 
                        prohibited the transportation of covered waste 
                        under the law, ordinance, regulation, or 
                        provision to a facility designated before such 
                        date; and
                    ``(C) direct, limit, regulate, or prohibit the 
                transportation of recyclable materials generated within 
                the boundaries of the State or subdivision and 
                designate each facility to which any such materials 
                shall be transported.
            ``(2) Application.--A State or qualified political 
        subdivision may exercise the authority described in paragraph 
        (1)(C) with respect to recyclable materials only if--
                    ``(A) the generator or owner of the materials 
                voluntarily made the materials available to the State 
                or qualified political subdivision and relinquished any 
                rights to, or ownership of, such materials; and
                    ``(B) the State or qualified political subdivision, 
                or the designee of the State or qualified political 
                subdivision, assumes such rights to, or ownership of, 
                such materials.
    ``(b) Limitations.--A State or qualified political subdivision may 
exercise the authority provided by subsection (a) only if the State or 
qualified political subdivision--
            ``(1) before exercising the authority described in 
        subsection (a)(1)(A) with respect to municipal solid waste 
        described in subsection (a)(1), establishes a program to 
        separate, or divert at the point of generation, the materials 
        described in subsection (g)(4) from the municipal solid waste, 
        for purposes of recycling, reclamation, or reuse, in accordance 
        with any State law or municipal solid waste planning 
        requirements in effect;
            ``(2) develops and implements a process described in 
        subsection (c) for the designation of facilities described in 
        subsection (a); and
            ``(3) after conducting 1 or more public hearings--
                    ``(A) finds, on the basis of the record developed 
                at the hearing or hearings that it is necessary to 
                exercise the authority provided by subsection (a) to 
                meet the current solid waste management needs (as of 
                the date of the record) and anticipated solid waste 
                management needs of the State or qualified political 
                subdivision for management of municipal solid waste or 
                recyclable materials; and
                    ``(B) provides a written explanation of the reasons 
                for the finding described in subparagraph (A).
    ``(c) Competitive Designation Process.--In developing and 
implementing the designation process described in subsection (b)(2) or 
(e)(4) with respect to waste management facilities and facilities for 
recyclable materials, the State or qualified political subdivision 
shall--
            ``(1) ensure that the designation process is based on, or 
        is part of, a municipal solid waste management plan that is 
        adopted by the State or qualified political subdivision and 
        that is designed to ensure long-term management capacity for 
        municipal solid waste or recyclable materials generated within 
        the boundaries of the State or subdivision;
            ``(2) set forth the goals of the designation process, 
        including at a minimum--
                    ``(A) capacity assurance;
                    ``(B) the establishment of provisions to ensure 
                that protection of human health and the environment 
                will be achieved; and
                    ``(C) any other goals determined to be relevant by 
                the State or qualified political subdivision;
            ``(3) identify and compare the alternatives and options for 
        designation of the facilities;
            ``(4) provide for public participation and comment;
            ``(5) ensure that the designation of the facilities is 
        accomplished through an open competitive process during which 
        the State or qualified political subdivision--
                    ``(A) identifies in writing the specific criteria 
                to be utilized for selection of the facilities;
                    ``(B) provides an opportunity for interested public 
                persons and private persons to offer their existing (as 
                of the date of the process) or proposed facilities for 
                designation; and
                    ``(C) evaluates and selects the facilities for 
                designation based on the merits of the facilities in 
                meeting the specific criteria identified; and
            ``(6) base the designation of each such facility on reasons 
        that shall be stated in a public record.
    ``(d) Ownership of Recyclable Materials.--
            ``(1) Prohibition on required transfers.--Except as 
        provided in paragraph (3), nothing in this section shall 
        authorize any State or qualified political subdivision to 
        require any generator or owner of recyclable materials to 
        transfer any recyclable materials (other than abandoned or 
        discarded materials) to such State or qualified political 
        subdivision.
            ``(2) Prohibition on prohibited transactions.--Except as 
        provided in paragraph (3), nothing in this section shall 
        prohibit any generator or owner of recyclable materials from 
        selling, purchasing, accepting, conveying, or transporting any 
        recyclable materials for purposes of transformation or 
        remanufacture into usable or marketable materials, unless the 
        generator or owner voluntarily made the materials available to 
        the State or qualified political subdivision and relinquished 
        any rights to, or ownership of, such materials.
            ``(3) Law and contracts.--A contract, law, ordinance, 
        regulation, or provision described in subsection (e)(1) may 
        contain an authorization described in paragraph (1) or a 
        prohibition described in paragraph (2).
    ``(e) Existing Laws and Contracts.--
            ``(1) In general.--This section shall not supersede, 
        abrogate, or otherwise modify any of the following:
                    ``(A) Any contract or other agreement (including 
                any contract containing an obligation to repay the 
                outstanding indebtedness on any facility) entered into 
                before May 15, 1994, by a State or qualified political 
                subdivision in which such State or qualified political 
                subdivision has designated a waste management facility, 
                or management facility for recyclable materials, for 
                the management of municipal solid waste or recyclable 
                materials pursuant to an ordinance or law adopted by 
                such State or qualified political subdivision before 
                May 15, 1994.
                    ``(B) Any other contract or agreement entered into 
                before May 15, 1994, for the management of municipal 
                solid waste.
                    ``(C)(i) Any law, ordinance, regulation, or 
                legislative or administrative provision--
                            ``(I) that is adopted before May 15, 1994; 
                        and
                            ``(II) that pertains to the transportation 
                        of municipal solid waste generated within the 
                        boundaries of a State or qualified political 
                        subdivision;
                to the extent that the law, ordinance, regulation, or 
                provision is applied to the transportation of municipal 
                solid waste, generated from household sources (as 
                described in subsection (g)(2)(A)(i)) within the 
                boundaries, to a facility designated before such date 
                under such law, ordinance, regulation, or provision.
                    ``(ii) Any law, ordinance, regulation, or 
                legislative or administrative provision--
                            ``(I) that is adopted before May 15, 1994;
                            ``(II) that pertains to the transportation 
                        of municipal solid waste generated within the 
                        boundaries of a State or qualified political 
                        subdivision; and
                            ``(III) under which a State or qualified 
                        political subdivision; prior to May 15, 1994, 
                        directed, limited, regulated, or prohibited the 
                        transportation of municipal solid waste that is 
                        generated, or is commingled with municipal 
                        solid waste that is generated, from commercial, 
                        institutional, or industrial sources within the 
                        boundaries, or that is incinerator ash from a 
                        solid waste incineration unit, or construction 
                        debris or demolition debris, generated within 
                        the boundaries;
                to the extent that the law, ordinance, regulation, or 
                provision is applied to the transportation of municipal 
                solid waste described in subclause (III), to a facility 
                designated before such date under such law, ordinance, 
                regulation, or provision.
                    ``(iii) Any law, ordinance, regulation, or 
                legislative or administrative provision--
                            ``(I) that is adopted before May 15, 1994; 
                        and
                            ``(II) that pertains to the transportation 
                        of recyclable materials generated within the 
                        boundaries of a State or qualified political 
                        subdivision;
                to the extent that the law, ordinance, regulation, or 
                provision is applied to the transportation of 
                recyclable materials, that are generated within the 
                boundaries and with respect to which the generator or 
                owner of the materials, and the State or qualified 
                political subdivision, have met the appropriate 
                conditions described in subsection (a)(2), to a 
                facility designated before such date under such law, 
                ordinance, regulation, or provision.
                    ``(iv) Any law, ordinance, regulation, or 
                legislative or administrative provision--
                            ``(I) that is adopted before May 15, 1994;
                            ``(II) that pertains to the transportation 
                        of recyclable materials generated within the 
                        boundaries of a State or qualified political 
                        subdivision; and
                            ``(III) under which a State or qualified 
                        political subdivision, prior to May 15, 1994, 
                        directed, limited, regulated, or prohibited the 
                        transportation of recyclable materials that are 
                        not materials with respect to which the 
                        generator or owner of the materials, and the 
                        State or qualified political subdivision, have 
                        met the appropriate conditions described in 
                        subsection (a)(2) and that--
                                    ``(aa) are generated from household 
                                sources (as described in subsection 
                                (g)(2)(A)(i)) within the boundaries; or
                                    ``(bb) are generated from 
                                commercial, institutional, or 
                                industrial sources within the 
                                boundaries;
                to the extent that the law, ordinance, regulation, or 
                provision is applied to the transportation of 
                recyclable materials, described in subclause (III), to 
                a facility designated before such date under such law, 
                ordinance, regulation, or provision, and is applied to 
                the same class of materials described in item (aa) or 
                (bb) of subclause (III) to which the law, ordinance, 
                regulation, or provision applied before such date.
            ``(2) Contract information.--A part to a contract or other 
        agreement that is described in subparagraph (A) or (B) of 
        paragraph (1) shall provide a copy of the contract or agreement 
        to the State or qualified political subdivision on request. Any 
        proprietary information contained in the contract or agreement 
        may be omitted in the copy, but the information that appears in 
        the copy shall include at least the date that the contract or 
        agreement was signed, the volume of municipal solid waste or 
        recyclable materials covered by the contract or agreement with 
        respect to which the State or qualified political subdivision 
        could otherwise exercise authority under subsection (a), the 
        source of the waste or materials, the destination of the waste 
        or materials, the duration of the contract or agreement and the 
        parties to the contract or agreement.
            ``(3) Effect on interstate commerce.--Effective from the 
        date of its adoption, no contract or agreement described in 
        subparagraph (A) or (B) of paragraph (1), and no law, 
        ordinance, regulation, or provision described in paragraph 
        (1)(C), shall be considered to impose an undue burden on or 
        otherwise impair, restrain, or discriminate against interstate 
        commerce.
            ``(4) Limitation.--A State or qualified political 
        subdivision may exercise the authority of any law, ordinance, 
        regulation, or provision described in paragraph (1)(C), to the 
        extent provided in such paragraph, only if the State or 
        qualified political subdivision develops and implements a 
        process described in subsection (c) for the designation of any 
        waste management facility or facility for recyclable materials 
        that the State or qualified political subdivision designates, 
        after the date of enactment of this section, as a facility to 
        which any waste or materials described in paragraph (1) shall 
        be transported. Nothing in this paragraph shall affect any 
        designation made before the date of enactment of this section.
            ``(5) Effect on state procurement laws.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), nothing in this section shall 
                supersede or modify--
                            ``(i) any State law or State regulation 
                        concerning the procurement of municipal solid 
                        waste services or facilities by qualified 
                        political subdivisions; or
                            ``(ii) any State law or regulation 
                        concerning competitive bidding for such 
                        services or facilities.
                    ``(B) Designation.--Notwithstanding subparagraph 
                (A), any such facilities shall be subject to the 
                designation process described in subsection(c).
            ``(6) Designation before a date.--For purposes of this 
        section, a facility shall be considered to be designated before 
        a date if--
                    ``(A) the facility was designated before the date 
                in a written document; and
                    ``(B) the terms and requirements of the document, 
                and of any laws and regulations of the State or 
                qualified political subdivision involved, that were in 
                effect and applicable to the designation continue to 
                apply.
    ``(f) Savings Clause.--Nothing in this section is intended to 
supersede, amend, or otherwise modify Federal or State environmental 
standards that apply to the disposal or management of solid waste at 
waste management facilities and facilities for recyclable materials.
    ``(g) Definitions.--As used in this section:
            ``(1) Industrial solid waste.--The term `industrial solid 
        waste' means solid waste generated by manufacturing or 
        industrial processes, including waste generated during scrap 
        processing and recycling, that is not hazardous waste regulated 
        under subtitle C.
            ``(2) Municipal solid waste.--
                    ``(A) In general.--The term `municipal solid 
                waste'--
                            ``(i) means any waste generated by a 
                        household, including a single or multifamily 
                        residence;
                            ``(ii) includes waste generated by a 
                        commercial, institutional, or industrial source 
                        to the extent that such waste--
                                    ``(I) is essentially the same as 
                                waste normally generated by households; 
                                or
                                    ``(II) would be considered 
                                conditionally exempt small quantity 
                                generator waste under section 3001(d) 
                                and is collected and disposed of with 
                                other municipal solid waste as part of 
                                normal municipal solid waste collection 
                                services; and
                            ``(iii) includes residue remaining after 
                        recyclable materials have been separated, or 
                        diverted at the point of generation, from 
                        municipal solid waste described in clause (i) 
                        or (ii).
                    ``(B) Exclusions.--The term `municipal solid waste' 
                shall not include any of the following:
                            ``(i) Hazardous waste required to be 
                        managed in accordance with subtitle C (other 
                        than waste described in subparagraph 
                        (A)(ii)(II), solid waste containing a 
                        polychlorinated biphenyl regulated under the 
                        Toxic Substances Control Act (15 U.S.C. 2601 et 
                        seq.), or medical waste.
                            ``(ii)(I) A recyclable material.
                            ``(II) A material or a product returned 
                        from a dispenser or distributor to the 
                        manufacturer or the agent of the manufacturer 
                        for credit, evaluation, or reuse.
                            ``(III) A material or product that is an 
                        out-of-date or unmarketable material or 
                        product, or is a material or product that does 
                        not conform to specifications, and that is 
                        returned to the manufacturer or the agent of 
                        the manufacturer for credit, evaluation, or 
                        reuse.
                            ``(iii) Any solid waste (including 
                        contaminated soil and debris) resulting from a 
                        response action taken under section 104 or 106 
                        of the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9604 or 9606) or a corrective action 
                        taken under this Act.
                            ``(iv)(I) Industrial solid waste.
                            ``(II) Any solid waste that is generated by 
                        an industrial facility and transported for the 
                        purpose of containment, storage, or disposal to 
                        a facility that is owned or operated by the 
                        generator of the waste, or a facility that is 
                        located on property owned by the generator or a 
                        company with which the generator is affiliated.
            ``(3) Qualified political subdivision.--The term `qualified 
        political subdivision' means a governmental entity of a 
        political subdivision of a State if a majority of members of 
        the entity are elected officials and the entity has been 
        granted authority by the State to plan for, or determine the 
        methods to be utilized for, the collection, disposal, or other 
        management of municipal solid waste generated within the 
        boundaries of the political subdivision.
            ``(4) Recyclable material.--The term `recyclable material' 
        means any material (including any metal, glass, plastic, 
        textile, wood, paper, rubber, or other material) that has been 
        separated, or diverted at the point of generation, from solid 
        waste for the purpose of recycling, reclamation, or reuse.
            ``(5) Waste management facility.--The term `waste 
        management facility' means any facility in which solid waste is 
        collected, separated, stored, transferred, treated, processed, 
        or disposed of.''.
    (b) Table of Contents.--The table of contents for such subtitle D 
is amended by adding after the item relating to section 4010 the 
following new item:

``Sec. 4011. Congressional authorization of State control over 
                            transportation of municipal solid waste.''.

                                 <all>

S 2227 IS----2
S 2227 IS----3
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