In the House of Representatives, U. S.,

October 7, 1994.

Resolved, That the bill from the Senate (S. 2345) entitled ‘‘An Act to amend the Solid Waste Disposal Act to provide authority for States to limit the interstate transportation

of municipal solid waste, and for other purposes’’, do pass

with the following

AMENDMENTS:

Strike out all after the enacting clause, and insert:

1 TITLE I—INTERSTATE WASTE

2 SEC. 101. SHORT TITLE.

3 This Act may be cited as the ‘‘State and Local Govern4 ment Interstate Waste Control Act of 1994’’.

5 SEC. 102. INTERSTATE TRANSPORTATION AND DISPOSAL

6 OF MUNICIPAL SOLID WASTE.

7 Subtitle D of the Solid Waste Disposal Act (42 U.S.C.

8 6941 et seq.) is amended by adding after section 4010 the

9 following new section:

10 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL

11 OF MUNICIPAL SOLID WASTE.

12 ‘‘(a) RESTRICTION ON RECEIPT OF OUT-OF-STATE

13 WASTE.—

14 ‘‘(1) IN GENERAL.—(A) Effective January 1,

15 1995, a landfill or incinerator in a State may not re-
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1 ceive for disposal or incineration any out-of-State

2 municipal solid waste unless the owner or operator of

3 such landfill or incinerator obtains explicit authoriza4 tion (as part of a host community agreement) from

5 the affected local government to receive the waste.

6 ‘‘(B) An authorization granted pursuant to sub7 paragraph (A) shall—

8 ‘‘(i) be granted by formal action at a meet9 ing;

10 ‘‘(ii) be recorded in writing in the official

11 record of the meeting; and

12 ‘‘(iii) remain in effect according to its

13 terms.

14 ‘‘(C) An authorization granted pursuant to sub15 paragraph (A) may specify terms and conditions, in16 cluding an amount of out-of-State waste that an

17 owner or operator may receive and the duration of

18 the authorization.

19 ‘‘(D) Promptly, but not later than 90 days after

20 such an authorization is granted, the affected local

21 government shall notify the Governor, contiguous local

22 governments, and any contiguous Indian tribes of an

23 authorization granted under this subsection.

24 ‘‘(2) INFORMATION.—Prior to seeking an author25 ization to receive out-of-State municipal solid waste
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1 pursuant to this subsection, the owner or operator of

2 the facility seeking such authorization shall provide

3 (and make readily available to the Governor, each

4 contiguous local government and Indian tribe, and

5 any other interested person for inspection and copy6 ing) the following information:

7 ‘‘(A) A brief description of the facility, in8 cluding, with respect to both the facility and any

9 planned expansion of the facility, the size, ulti10 mate waste capacity, and the anticipated month11 ly and yearly quantities (expressed in terms of

12 volume) of waste to be handled.

13 ‘‘(B) A map of the facility site indicating

14 location in relation to the local road system and

15 topography and hydrogeological features. The

16 map shall indicate any buffer zones to be ac17 quired by the owner or operator as well as all

18 facility units.

19 ‘‘(C) A description of the then current envi20 ronmental characteristics of the site, a descrip21 tion of ground water use in the area (including

22 identification of private wells and public drink23 ing water sources), and a discussion of alter24 ations that may be necessitated by, or occur as

25 a result of, the facility.
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1 ‘‘(D) A description of environmental con2 trols typically required to be used on the site

3 (pursuant to permit requirements), including

4 run on or run off management (or both), air pol5 lution control devices, source separation proce6 dures (if any), methane monitoring and control,

7 landfill covers, liners or leachate collection sys8 tems, and monitoring programs. In addition, the

9 description shall include a description of any

10 waste residuals generated by the facility, includ11 ing leachate or ash, and the planned manage12 ment of the residuals.

13 ‘‘(E) A description of site access controls to

14 be employed, and roadway improvements to be

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

16 of the timing and extent of increased local truck

17 traffic.

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

19 and local permits.

20 ‘‘(G) Estimates of the personnel require21 ments of the facility, including information re22 garding the probable skill and education levels

23 required for jobs at the facility. To the extent

24 practicable, the information shall distinguish be-
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1 tween employment statistics for preoperational

2 and postoperational levels.

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

4 State or Federal law to be provided with respect

5 to any violations of environmental laws (includ6 ing regulations) by the owner, the operator, and

7 any subsidiary of the owner or operator, the dis8 position of enforcement proceedings taken with

9 respect to the violations, and corrective action

10 and rehabilitation measures taken as a result of

11 the proceedings.

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

13 State or Federal law to be provided with respect

14 to gifts and contributions made by the owner or

15 operator.

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

17 State or Federal law to be provided with respect

18 to compliance by the owner or operator with the

19 State solid waste management plan.

20 ‘‘(3) NOTIFICATION.—Prior to taking formal ac21 tion with respect to granting authorization to receive

22 out-of-State municipal solid waste pursuant to this

23 subsection, an affected local government shall—

24 ‘‘(A) notify the Governor, contiguous local

25 governments, and any contiguous Indian tribes;
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1 ‘‘(B) publish notice of the action in a news2 paper of general circulation at least 30 days be3 fore holding a hearing and again at least 15

4 days before holding the hearing, except where

5 State law provides for an alternate form of pub6 lic notification; and

7 ‘‘(C) provide an opportunity for public

8 comment in accordance with State law, includ9 ing at least 1 public hearing.

10 ‘‘(b) ANNUAL STATE REPORT.—

11 ‘‘(1) IN GENERAL.—Each year the owner or op12 erator of each landfill or incinerator receiving out-of13 State municipal solid waste shall submit to the af14 fected local government and to the Governor of the

15 State in which the landfill or incinerator is located

16 information specifying the amount of out-of-State

17 municipal solid waste received for disposal during the

18 preceding year. Each year each such State shall pub19 lish and make available to the public a report con20 taining information on the amount of out-of-State

21 municipal solid waste received for disposal in the

22 State during the preceding year. Each year the owner

23 or operator of each landfill or incinerator receiving

24 out-of-State municipal solid waste shall also submit

25 to the Governor of the State of origin of such waste,
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1 and to the Administrator, information specifying the

2 amount of out-of-State municipal solid waste received

3 for disposal by the owner or operator during the pre4 ceding year from such State of origin. The submis5 sions under this paragraph by any owner or operator

6 shall all be made at the same time.

7 ‘‘(2) CONTENTS.—Each submission referred to in

8 this subsection shall be such as would result in crimi9 nal penalties in case of false or misleading informa10 tion. Such submission shall include the amount of

11 waste received, place of origin, including the identity

12 of the generator, date of shipment, and type of waste.

13 ‘‘(3) LIST.—The Administrator shall publish a

14 list of States that the Administrator has determined

15 have exported out of State an amount of municipal

16 solid waste in excess of 3.5 million tons in calendar

17 year 1995, 3.0 million tons in each of calendar years

18 1996 and 1997, 2.5 million tons in each of calendar

19 years 1998 and 1999, 1.5 million tons in each of cal20 endar years 2000 and 2001, and 1.0 million tons in

21 calendar year 2002 and each year thereafter. The list

22 for any calendar year shall be published by March 1

23 of the following calendar year.

24 ‘‘(4) SAVINGS PROVISION.—Nothing in this sub25 section shall be construed to preempt any State re-
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1 quirement that requires more frequent reporting of in2 formation.

3 ‘‘(c) FREEZE.—

4 ‘‘(1) ANNUAL AMOUNT.—(A) Except as provided

5 in paragraph (2) and unless it would result in a vio6 lation of, or be inconsistent with, a host community

7 agreement or permit specifically authorizing the

8 owner or operator of a landfill or incinerator to ac9 cept out-of-State muncipal solid waste at such landfill

10 or incinerator, and notwithstanding the absence of a

11 request in writing by the affected local government, a

12 Governor, in accordance with paragraph (3), may

13 limit the quantity of out-of-State municipal solid

14 waste received for disposal at each landfill or inciner15 ator covered by the exceptions provided in subsection

16 (e) that is subject to the jurisdiction of the Governor,

17 to an annual amount equal to the quantity of out-of18 State municipal solid waste received for disposal at

19 such landfill or incinerator during calendar year

20 1993.

21 ‘‘(B) At the request of an affected local govern22 ment that has not executed a host community agree23 ment, the Governor may limit the amount of out-of24 State municipal solid waste received annually for dis25 posal at the landfill or incinerator concerned to the
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1 amount described in subparagraph (A). No such limit

2 may conflict with provisions of a permit specifically

3 authorizing the owner or operator to accept, at the fa4 cility, out-of-State municipal solid waste.

5 ‘‘(2) LIMITATION ON GOVERNOR’S AUTHORITY.—

6 A Governor may not exercise the authority granted

7 under this subsection in a manner that would require

8 any owner or operator of a landfill or incinerator

9 covered by the exceptions provided in subsection (e) to

10 reduce the amount of out-of-State municipal solid

11 waste received from any State for disposal at such

12 landfill or incinerator to an annual quantity less

13 than the amount received from such State for disposal

14 at such landfill or incinerator during calendar year

15 1993.

16 ‘‘(3) UNIFORMITY.—Any limitation imposed by

17 a Governor under paragraph (1)(A)—

18 ‘‘(A) shall be applicable throughout the

19 State;

20 ‘‘(B) shall not directly or indirectly dis21 criminate against any particular landfill or in22 cinerator within the State; and

23 ‘‘(C) shall not directly or indirectly dis24 criminate against any shipments of out-of-State
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1 municipal solid waste on the basis of State of or2 igin.

3 ‘‘(d) RATCHET.—

4 ‘‘(1) IN GENERAL.—Unless it would result in a

5 violation of, or be inconsistent with, a host commu6 nity agreement or permit specifically authorizing the

7 owner or operator of a landfill or incinerator to ac8 cept out-of-State municipal solid waste at such land9 fill or incinerator, immediately upon the date of pub10 lication of the list required under subsection (b)(3),

11 and notwithstanding the absence of a request in writ12 ing by the affected local government, a Governor, in

13 accordance with paragraph (4), may prohibit the dis14 posal of out-of-State municipal solid waste, at any

15 landfill or incinerator covered by the exceptions in

16 subsection (e) that is subject to the jurisdiction of the

17 Governor, generated in any State that is determined

18 by the Administrator under subsection (b)(3) as hav19 ing exported, to landfills or incinerators not covered

20 by host community agreements, more than any of the

21 following:

22 ‘‘(A) 3.5 million tons of municipal solid

23 waste in calendar year 1995.

24 ‘‘(B) 3.0 million tons of municipal solid

25 waste in calendar year 1996.
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1 ‘‘(C) 3.0 million tons of municipal solid

2 waste in calendar year 1997.

3 ‘‘(D) 2.5 million tons of municipal solid

4 waste in calendar year 1998.

5 ‘‘(E) 2.5 million tons of municipal solid

6 waste in calendar year 1999.

7 ‘‘(F) 1.5 million tons of municipal solid

8 waste in calendar year 2000.

9 ‘‘(G) 1.5 million tons of municipal solid

10 waste in calendar year 2001.

11 ‘‘(H) 1.0 million tons of municipal solid

12 waste in calendar year 2002.

13 ‘‘(I) 1.0 million tons of municipal solid

14 waste in each calendar year after 2002.

15 ‘‘(2) ADDITIONAL EXPORT LIMITS.—No State

16 may export to any one State more than 1.4 million

17 tons of municipal solid waste in calendar year 1995

18 or 90 percent of the 1993 levels exported to a State,

19 whichever is greater, 1.3 million tons in 1996 or 90

20 percent of the 1995 levels exported to a State, which21 ever is greater, 1.2 million tons in 1997 or 90 percent

22 of the 1996 levels exported to a State, whichever is

23 greater, 1.1 million tons in 1998 or 90 percent of the

24 1997 levels exported to a State, whichever is greater,

25 1 million tons in 1999, 800,000 tons in 2000, and
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1 600,000 tons in 2001 and each year thereafter, to

2 landfills or incinerators not covered by host commu3 nity agreements. Governors of importing States may

4 restrict levels of imports to reflect the level of out-of5 State municipal solid waste imports referred to in the

6 preceding sentence if—

7 ‘‘(A) the Governor of the importing State

8 has notified the Governor of the exporting State

9 and the Administrator 12 months prior to en10 forcement of the importing State’s intention to

11 impose the requirements of this section;

12 ‘‘(B) the Governor of the importing State

13 has notified the Governor of the exporting State

14 and the Administrator of the violation by the ex15 porting State of this section at least 90 days

16 prior to the enforcement of this section; and

17 ‘‘(C) the restrictions imposed by the Gov18 ernor of the importing State are uniform at all

19 facilities within the State receiving municipal

20 solid waste from the exporting State.

21 ‘‘(3) DURATION.—The authority provided by

22 paragraph (1) or (2) or both shall apply for as long

23 as a State exceeds the levels allowable under para24 graph (1) or (2), as the case may be.
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1 ‘‘(4) UNIFORMITY.—Any restriction imposed by

2 a State under paragraph (1) or (2)—

3 ‘‘(A) shall be applicable throughout the

4 State;

5 ‘‘(B) shall not directly or indirectly dis6 criminate against any particular landfill or in7 cinerator within the State; and

8 ‘‘(C) shall not directly or indirectly dis9 criminate against any shipments of out-of-State

10 municipal solid waste on the basis of State of or11 igin, in the case of States in violation of para12 graph (1) or (2).

13 ‘‘(e) AUTHORIZATION NOT REQUIRED FOR CERTAIN

14 FACILITIES.—

15 ‘‘(1) IN GENERAL.—The prohibition on the dis16 posal of out-of-State municipal solid waste under sub17 section (a)(1) shall not apply to landfills and inciner18 ators in operation on the date of enactment of this

19 section that received during calendar year 1993 docu20 mented shipments of out-of-State municipal solid

21 waste.

22 ‘‘(2) AVAILABILITY OF DOCUMENTATION.—The

23 owner or operator of a landfill or incinerator that is

24 exempt under paragraph (1) of this subsection from

25 the requirements of subsection (a) shall provide to the
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1 State and affected local government, and make avail2 able for inspection by the public in the affected local

3 community, a copy of the host community agreement

4 or other documentation required under paragraph

5 (1). The owner or operator may omit from such copy

6 or other documentation any proprietary information,

7 but shall ensure that at least the following informa8 tion is apparent: the volume of out-of-State municipal

9 solid waste received, the place of origin of the waste,

10 and the duration of any relevant contract.

11 ‘‘(3) DENIED OR REVOKED PERMITS.—A landfill

12 or incinerator may not receive for disposal or inciner13 ation out-of-State municipal solid waste in the ab14 sence of a host community agreement if the operating

15 permit or license for the landfill or incinerator (or re16 newal thereof) was denied or revoked by the appro17 priate State agency before the date of enactment of

18 this section unless such permit or license (or renewal)

19 has been reinstated as of such date of enactment.

20 ‘‘(4) WASTE WITHIN BI-STATE METROPOLITAN

21 STATISTICAL AREAS.—The owner or operator of a

22 landfill or incinerator in a State may receive out-of23 State municipal solid waste without obtaining au24 thorization under subsection (a) from the affected

25 local government if the out-of-State waste is generated
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1 within, and the landfill or incinerator is located

2 within, the same bi-State level A metropolitan statis3 tical area (as defined by the Office of Management

4 and Budget and as listed by the Office of Manage5 ment and Budget as of the date of enactment of this

6 section) that contains two contiguous major cities

7 each of which is in a different State.

8 ‘‘(f) NEEDS DETERMINATION.—Any comprehensive

9 solid waste management plan adopted by an affected local

10 government pursuant to Federal or State law may take into

11 account local and regional needs for solid waste disposal

12 capacity. Any implementation of such plan through the

13 State permitting process may take into account local and

14 regional needs for solid waste disposal capacity only in a

15 manner that is not inconsistent with the provisions of this

16 section. Nothing in this subsection shall be construed to pro17 hibit or preclude any State government or solid waste man18 agement district, as defined under State law from requiring

19 any affected local government to site, construct, or modify

20 any solid waste facility.

21 ‘‘(g) COST RECOVERY SURCHARGE.—

22 ‘‘(1) AUTHORITY.—Both of the States directly af23 fected by the decision of the Supreme Court in the

24 case of Oregon Waste Systems, Inc. v. Department of

25 Environmental Quality, 114 S. Ct. 1345 (1994) may
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1 impose and collect a cost recovery surcharge on the

2 combustion or disposal in a landfill or incinerator of

3 out-of-State municipal solid waste in such State.

4 ‘‘(2) LIMITATION.—During the period beginning

5 on the date of enactment of this section and ending

6 on December 31, 1996, no such State may impose or

7 collect a cost recovery surcharge from a facility on

8 any out-of-State municipal solid waste that meets

9 both of the following conditions:

10 ‘‘(A) The waste is being received at the fa11 cility under one or more contracts entered into

12 before the date of enactment of this section.

13 ‘‘(B) The amount of waste being received in

14 a calendar year under the contract or contracts

15 does not exceed the amount of waste received at

16 the facility during calendar year 1993.

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

18 the cost recovery surcharge may be no greater than

19 the amount necessary to recover those costs deter20 mined in conformance with paragraph (5) and in no

21 event may exceed $2 per ton of waste.

22 ‘‘(4) USE OF SURCHARGE COLLECTED.—All cost

23 recovery surcharges collected by a State covered by

24 this subsection shall be used to fund those solid waste

25 management programs administered by the State or
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1 its political subdivisions that incur costs for which

2 the surcharge is collected.

3 ‘‘(5) CONDITIONS.—(A) Subject to subparagraphs

4 (B) and (C), a State covered by this subsection may

5 impose and collect a cost recovery surcharge on the

6 combustion or disposal within the State of out-of7 State municipal solid waste if—

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

9 State arising from the combustion or disposal

10 within the State of a volume of municipal solid

11 waste from a source outside the State;

12 ‘‘(ii) the surcharge is based on those costs to

13 the State demonstrated under subparagraph (A)

14 that, if not paid for through the surcharge, would

15 otherwise have to be paid or subsidized by the

16 State; and

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

18 not discriminatory.

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

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

21 which recovery is sought is otherwise recovered by any

22 other fee or tax assessed against the generation, trans23 portation, treatment, combustion, or disposal of solid

24 waste.
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1 ‘‘(C) The grant of a subsidy by a State with re2 spect to entities disposing of waste generated within

3 the State does not constitute discrimination for pur4 poses of subparagraph (A)(iii).

5 ‘‘(6) BURDEN OF PROOF.—In any proceeding in

6 which a State invokes this subsection to justify a cost

7 recovery surcharge on the combustion or disposal

8 within the State of out-of-State municipal solid

9 waste, the State shall bear the burden of establishing

10 that the cost recovery surcharge satisfies the condi11 tions set forth in paragraph (5).

12 ‘‘(h) IMPLEMENTATION AND ENFORCEMENT.—Any

13 State may adopt such laws and regulations, not inconsist14 ent with this section, as are necessary to implement and

15 enforce this section, including provisions for penalties.

16 ‘‘(i) CONSTRUCTION AND DEMOLITION WASTE.—

17 ‘‘(1) LIMIT.—Any State may establish, pursuant

18 to this paragraph, a limit on the amount of out-of19 State construction and demolition waste for disposal

20 at landfills in the State. A limit under this para21 graph may be imposed consistent with each of the fol22 lowing:

23 ‘‘(A) By January 1, 1996, each State seek24 ing to limit under this paragraph the receipt of

25 out-of-State construction and demolition waste
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1 shall establish and implement a mechanism for

2 measuring the amount of construction and demo3 lition waste generated within the State, disposed

4 of within the State, imported into the State and

5 exported for disposal.

6 ‘‘(B) By March 1, 1998, each State seeking

7 to limit under this paragraph the receipt of con8 struction and demolition waste shall establish the

9 amount of out-of-State construction and demoli10 tion waste received during calendar years 1996

11 and 1997 and report the tonnage received to the

12 Governor of each exporting State.

13 ‘‘(2) AMOUNT.—For each calendar year begin14 ning after January 1, 1998, the amount of out-of15 State construction and demolition waste received at

16 any facility within an importing State may be lim17 ited to the average of the amounts received in cal18 endar years 1996 and 1997.

19 ‘‘(3) DEFINITION.—For purposes of this sub20 section, the term ‘construction and demolition waste’

21 means debris resulting from construction, remodeling,

22 repair, or demolition of structures other than debris

23 that is not otherwise commingled with other munici24 pal solid waste and has been determined by the gener25 ator, to be contaminated. For purposes of determining
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1 whether any such debris is contaminated, the genera2 tor shall conduct representative sampling and analy3 sis of such debris, the results of which shall be submit4 ted to the affected local government for recordkeeping

5 purposes only, unless not required by the affected

6 local government. Any such debris that has been de7 termined to be contaminated shall be disposed of in

8 a landfill that meets, at a minimum, the require9 ments of this subtitle.

10 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall

11 be interpreted or construed to have any effect on State law

12 relating to contracts.

13 ‘‘(k) DEFINITIONS.—As used in this section:

14 ‘‘(1) AFFECTED LOCAL GOVERNMENT.—(A) For

15 any landfill or incinerator, the term ‘affected local

16 government’ means—

17 ‘‘(i) the public body authorized by State law

18 to plan for the management of municipal solid

19 waste, a majority of the members of which are

20 elected officials, for the area in which the landfill

21 or incinerator is located or proposed to be

22 located; or

23 ‘‘(ii) if there is no such body created by

24 State law—
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1 ‘‘(I) the elected officials of the city,

2 town, township, borough, county, or parish

3 selected by the Governor and exercising pri4 mary responsibility over municipal solid

5 waste management or the use of land in the

6 jurisdiction in which the facility is located

7 or is proposed to be located; or

8 ‘‘(II) if a Governor fails to make a se9 lection under subclause (I), and publish a

10 notice regarding the selection, within 90

11 days after the date of enactment of this sec12 tion, the elected officials of the city, town,

13 township, borough, county, parish, or other

14 public body created pursuant to State law

15 with primary jurisdiction over the land or

16 the use of land on which the facility is lo17 cated or is proposed to be located.

18 The Governor shall publish a notice regarding the se19 lection described in clause (ii).

20 ‘‘(B) Notwithstanding subparagraph (A), for

21 purposes of host community agreements entered into

22 before the date of enactment of this section (or before

23 the date of publication of notice, in the case of sub24 paragraph (A)(ii)), the term shall mean either the

25 public body described in clause (i) or the elected offi-
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1 cials of the city, town, township, borough, county, or

2 parish exercising primary responsibility for the use of

3 land on which the facility is located or proposed to

4 be located.

5 ‘‘(C) Two or more Governors of adjoining States

6 may use the authority provided in section 1005(b) to

7 enter into an agreement under which contiguous units

8 of local government located in each of the adjoining

9 States may act jointly as the affected local govern10 ment for purposes of providing authorization under

11 subsection (a) for municipal solid waste generated in

12 one of such counties and received for disposal or

13 incineration in another.

14 ‘‘(2) HOST COMMUNITY AGREEMENT.—The term

15 ‘host community agreement’ means a written, legally

16 binding document or documents executed by duly au17 thorized officials of the affected local government that

18 specifically authorizes a landfill or incinerator to re19 ceive municipal solid waste generated out-of-State,

20 but does not include any agreement to pay host com21 munity fees for receipt of waste unless additional ex22 press authorization to receive out-of-State municipal

23 solid waste is also included.

24 ‘‘(3) MUNICIPAL SOLID WASTE.—The term ‘mu25 nicipal solid waste’ means refuse (and refuse-derived
23

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1 fuel) generated by the general public, from a residen2 tial source, or from a commercial, institutional, or

3 industrial source (or any combination thereof) to the

4 extent such waste is essentially the same as waste nor5 mally generated by households or was collected and

6 disposed of with other municipal solid waste as part

7 of normal municipal solid waste collection services,

8 and regardless of when generated, would be considered

9 conditionally exempt small quantity generator waste

10 under section 3001(d), such as paper, food, wood,

11 yard wastes, plastics, leather, rubber, appliances, or

12 other combustible or noncombustible materials such as

13 metal or glass (or any combination thereof). The term

14 ‘municipal solid waste’ does not include any of the

15 following:

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

17 a hazardous waste under section 3001.

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

20 action taken under section 104 or 106 of the

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

23 9604 or 9606) or a corrective action taken under

24 this Act.
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1 ‘‘(C) Recyclable materials that have been

2 separated, at the source of the waste, from waste

3 otherwise destined for disposal or that have been

4 managed separately from waste destined for

5 disposal.

6 ‘‘(D) Any solid waste that is—

7 ‘‘(i) generated by an industrial facil8 ity; and

9 ‘‘(ii) transported for the purpose of

10 treatment, storage, or disposal to a facility

11 that is owned or operated by the generator

12 of the waste, or is located on property

13 owned by the generator of the waste, or is

14 located on property owned by a company

15 with which the generator is affiliated.

16 ‘‘(E) Any solid waste generated incident to

17 the provision of service in interstate, intrastate,

18 foreign, or overseas air transportation.

19 ‘‘(F) Sewage sludge and residuals from any

20 sewage treatment plant, including any sewage

21 treatment plant required to be constructed in the

22 State of Massachusetts pursuant to any court

23 order issued against the Massachusetts Water

24 Resources Authority.
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1 ‘‘(G) Combustion ash generated by resource

2 recovery facilities or municipal incinerators, or

3 waste from manufacturing or processing (includ4 ing pollution control) operations not essentially

5 the same as waste normally generated by

6 households.

7 ‘‘(H) Any medical waste that is segregated

8 from or not mixed with municipal solid waste

9 (as otherwise defined in this paragraph).

10 ‘‘(I) Any material or product returned from

11 a dispenser or distributor to the manufacturer

12 for credit, evaluation, or possible reuse.

13 ‘‘(4) OUT-OF-STATE MUNICIPAL SOLID WASTE.—

14 The term ‘out-of-State municipal solid waste’ means,

15 with respect to any State, municipal solid waste gen16 erated outside of the State. Unless the President deter17 mines it is not consistent with the North American

18 Free Trade Agreement and the General Agreement on

19 Tariffs and Trade, the term shall include municipal

20 solid waste generated outside of the United States.

21 ‘‘(5) SPECIFICALLY AUTHORIZED.—The term

22 ‘specifically authorizes’ refers to an explicit author23 ization, contained in a host community agreement or

24 permit, to import waste from outside the State. Such

25 authorization may include a reference to a fixed ra-
26

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1 dius surrounding the landfill or incinerator that in2 cludes an area outside the State or a reference to ‘any

3 place of origin’, reference to specific places outside the

4 State, or use of such phrases as ‘regardless of origin’

5 or ‘outside the State’. The language for such author6 ization may vary as long as it clearly and affirma7 tively states the approval or consent of the affected

8 local government or State for receipt of municipal

9 solid waste from sources or locations outside the State

10 from which the owner or operator of a landfill or in11 cinerator proposes to import it.’’.

12 SEC. 103. TABLE OF CONTENTS AMENDMENT.

13 The table of contents in section 1001 of the Solid Waste

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

15 after the item relating to section 4010 the following new

16 item:

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

17 TITLE II—FLOW CONTROL

18 SEC. 201. SHORT TITLE.

19 This title may be cited as the ‘‘Flow Control Act of

20 1994’’.
27

•S 2345 EAH

1 SEC. 202. CONGRESSIONAL AUTHORIZATION OF STATE

2 CONTROL OVER TRANSPORTATION, MANAGE3 MENT, AND DISPOSAL OF MUNICIPAL SOLID

4 WASTE.

5 Subtitle D of the Solid Waste Disposal Act (42 U.S.C.

6 6941 et seq.) (as amended by section 102) is further amend7 ed by adding after section 4011 the following new section:

8 ‘‘SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE

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

11 WASTE.

12 ‘‘(a) AUTHORITY.—

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

15 this section—

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

17 municipal solid waste, incinerator ash from a

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

20 boundaries of the State or qualified political sub21 division if, before May 15, 1994, the State or

22 qualified political subdivision—

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

26 control authority and, pursuant to such au-
28

•S 2345 EAH

1 thority, directs such solid waste, ash, or de2 bris to a proposed or existing waste man3 agement facility designated before May 15,

4 1994; or

5 ‘‘(II) adopted a law, ordinance, regula6 tion, solid waste management plan, or le7 gally binding provision that identifies the

8 use of one or more waste management meth9 ods that will be necessary for the transpor10 tation, management, or disposal of munici11 pal solid waste generated within such

12 boundaries, and committed to the designa13 tion of one or more waste management fa14 cilities for such method or methods;

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

16 in the case of a State or qualified political sub17 division that adopted such a law, ordinance, reg18 ulation, plan, or legally binding provision that

19 meets the requirements of subclause (I) or (II) of

20 clause (i), exercise flow control authority over

21 such solid waste from any existing or future

22 waste management facility to any other existing

23 or future waste management facility; and

24 ‘‘(iii) after the effective date of this section,

25 in the case of a State or qualified political sub-
29

•S 2345 EAH

1 division that adopted such a law, ordinance, reg2 ulation, plan, or legally binding provision that

3 meets the requirements of subclause (I) of clause

4 (i), exercise flow control authority over such solid

5 waste, ash, or debris from any existing waste

6 management facility to any other existing or

7 proposed waste management facility, and may

8 do so without regard to subsection (b)(2); and

9 ‘‘(B) exercise flow control authority for vol10 untarily relinquished recyclable materials gen11 erated within the boundaries of the State or

12 qualified political subdivision.

13 ‘‘(2) REASONABLE REGULATION OF COM14 MERCE.—

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

16 waste management plan, or legally binding pro17 vision of a State or qualified political subdivi18 sion, described in paragraph (1), that imple19 ments or exercises flow control authority in com20 pliance with this section shall be considered to be

21 a reasonable regulation of commerce and shall

22 not be considered to be an undue burden on or

23 otherwise as impairing, restraining, or discrimi24 nating against interstate commerce.
30

•S 2345 EAH

1 ‘‘(B) A contract or franchise agreement en2 tered into by a State or political subdivision to

3 provide the exclusive or nonexclusive authority

4 for the collection, transportation, or disposal of

5 municipal solid waste, and not otherwise involv6 ing the exercise of flow control authority de7 scribed in paragraph (1), shall be considered to

8 be a reasonable regulation of commerce and shall

9 not be considered to be an undue burden on or

10 otherwise as impairing, restraining, or discrimi11 nating against interstate commerce.

12 ‘‘(b) LIMITATIONS.—

13 ‘‘(1) LIMITATION OF AUTHORITY REGARDING RE14 CYCLABLE MATERIALS.—A State or qualified political

15 subdivision may exercise the authority described in

16 subsection (a)(1)(B) with respect to recyclable mate17 rials only if—

18 ‘‘(A) the generator or owner of the materials

19 voluntarily made the materials available to the

20 State or qualified political subdivision, or the

21 designee of the State or qualified political sub22 division, and relinquished any rights to, or own23 ership of, such materials; and

24 ‘‘(B) the State or qualified political subdivi25 sion, or the designee of the State or qualified po-
31

•S 2345 EAH

1 litical subdivision, assumes such rights to, or

2 ownership of, such materials.

3 ‘‘(2) LIMITATION OF AUTHORITY REGARDING

4 SOLID WASTE OR RECYCLABLE MATERIALS.—

5 ‘‘(A) A State or qualified political subdivi6 sion may exercise the authority described in sub7 paragraph (A) or (B) of subsection (a)(1) only

8 if the State or qualified political subdivision es9 tablishes a program to separate, or divert at the

10 point of generation, recyclable materials from

11 municipal solid waste, for purposes of recycling,

12 reclamation, or reuse, in accordance with any

13 Federal or State law or municipal solid waste

14 planning requirements in effect.

15 ‘‘(B) A State or qualified political subdivi16 sion may exercise the authority described in

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

18 after conducting one or more public hearings, the

19 State or qualified political subdivision—

20 ‘‘(i) finds, on the basis of the record de21 veloped at the hearing or hearings, that it

22 is necessary to exercise the authority de23 scribed in subparagraph (A) or (B) of sub24 section (a)(1) to meet the current solid

25 waste management needs (as of the date of
32

•S 2345 EAH

1 the record) or the anticipated solid waste

2 management needs of the State or qualified

3 political subdivision for the management of

4 municipal solid waste or recyclable

5 materials;

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

7 developed at the hearing or hearings, in8 cluding an analysis of the ability of the pri9 vate sector and public bodies to provide

10 short and long term integrated solid waste

11 management services with and without flow

12 control authority, that the exercise of flow

13 control authority is necessary to provide

14 such services in an economically efficient

15 and environmentally sound manner; and

16 ‘‘(iii) provides a written explanation of

17 the reasons for the findings described clauses

18 (i) and (ii), which may include a finding

19 of a preferred waste management methodol20 ogy or methodologies for providing such in21 tegrated solid waste management services.

22 ‘‘(C) With respect to each designated waste

23 management facility, the authority of subsection

24 (a) shall be effective until completion of the

25 schedule for payment of the capital costs of the
33

•S 2345 EAH

1 waste management facility concerned (as in ef2 fect on May 15, 1994), or for the remaining use3 ful life of the original waste management facil4 ity, whichever is longer. At the end of such pe5 riod, the authority of subsection (a) shall be ef6 fective for any waste management facility for

7 which subparagraph (B) and subsection (c) have

8 been complied with by the State or qualified po9 litical subdivision, except that no facility, and

10 no State or qualified political subdivision, sub11 ject to subsection (a)(1)(A)(i)(I) or subsection

12 (a)(1)(A)(ii) shall be required to comply with

13 subparagraph (B) for a period of 10 years after

14 the date of enactment of this section. Notwith15 standing the provisions of this paragraph, com16 pliance with subparagraph (B) shall not be re17 quired where—

18 ‘‘(i) a designated waste management

19 facility is required to retrofit or otherwise

20 make significant modifications to meet ap21 plicable environmental requirements or safe22 ty requirements;

23 ‘‘(ii) routine repair or scheduled re24 placements of existing equipment or compo25 nents of a designated waste management fa-
34

•S 2345 EAH

1 cility is undertaken that does not add to the

2 capacity of the waste management facility;

3 or

4 ‘‘(iii) a designated waste management

5 facility expands on land legally or equitably

6 owned, or under option to purchase or lease,

7 by the owner or operator of such facility

8 and the applicable permit includes such

9 land.

10 ‘‘(D) Notwithstanding anything to the con11 trary in this section, paragraphs (2)(B) and

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

13 its political subdivisions) that, on or before Jan14 uary 1, 1984, enacted regulations pursuant to a

15 State law that required or directed the transpor16 tation, management, or disposal of solid waste

17 from residential, commercial, institutional and

18 industrial sources as defined by State law to spe19 cific waste management facilities and applied

20 those regulations to every political subdivision in

21 the State.

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

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

24 apply only to the specific classes or categories of solid

25 waste to which the authority described in subsection
35

•S 2345 EAH

1 (a)(1)(A)(i)(I) was applied by the State or qualified

2 political subdivision before May 15, 1994, and to the

3 specific classes or categories of solid waste for which

4 the State or qualified political subdivision committed

5 to the designation of one or more waste management

6 facilities as described in subsection (a)(1)(A)(i)(II).

7 ‘‘(4) EXPIRATION OF AUTHORITY.—The author8 ity granted under subsection (a)(1)(A)(i)(II) shall ex9 pire if a State or qualified political subdivision has

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

11 waste management plan, or other legally binding pro12 vision, one or more proposed or existing waste man13 agement facilities within 3 years after the date of en14 actment of this section.

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

16 qualified political subdivision may exercise the au17 thority described in subsection (a) only if the State or

18 qualified political subdivision limits the use of any of

19 its revenues derived from the exercise of such author20 ity primarily to solid waste management services.

21 ‘‘(c) COMPETITIVE DESIGNATION PROCESS.—

22 ‘‘(1) IN GENERAL.—A State or qualified political

23 subdivision may exercise the authority described in

24 subsection (a) only if the State or qualified political

25 subdivision develops and implements a competitive
36

•S 2345 EAH

1 designation process, with respect to each waste man2 agement facility or each facility for recyclable mate3 rials. The process shall—

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

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

6 management plan that is adopted by the State or

7 qualified political subdivision and that is de8 signed to ensure long-term management capacity

9 for municipal solid waste or recyclable materials

10 generated within the boundaries of the State or

11 qualified political subdivision;

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

13 process, including at a minimum—

14 ‘‘(i) capacity assurance;

15 ‘‘(ii) the establishment of provisions to

16 provide that protection of human health

17 and the environment will be achieved; and

18 ‘‘(iii) any other goals determined to be

19 relevant by the State or qualified political

20 subdivision;

21 ‘‘(C) identify and compare reasonable and

22 available alternatives, options, and costs for des23 ignation of the facilities;

24 ‘‘(D) provide for public participation and

25 comment;
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•S 2345 EAH

1 ‘‘(E) ensure that the designation of each fa2 cility is accomplished through an open competi3 tive process during which the State or qualified

4 political subdivision—

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

6 utilized for selection of the facilities, which

7 shall not discriminate unfairly against any

8 particular waste management facility or

9 any method of management, transportation

10 or disposal, and shall not establish quali11 fications for selection that can only be met

12 by public bodies;

13 ‘‘(ii) provides a fair and equal oppor14 tunity for interested public persons and pri15 vate persons to offer their existing (as of the

16 date of the process) or proposed facilities for

17 designation; and

18 ‘‘(iii) evaluates and selects the facilities

19 for designation based on the merits of the

20 facilities in meeting the criteria identified;

21 and

22 ‘‘(F) base the designation of each such facil23 ity on reasons that shall be stated in a public

24 record.

25 ‘‘(2) CERTIFICATION.—
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1 ‘‘(A) IN GENERAL.—A Governor of any

2 State may certify that the laws and regulations

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

4 requirements for a competitive designation proc5 ess under paragraph (1).

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

7 under subparagraph (A), a Governor shall—

8 ‘‘(i) publish notice of the proposed cer9 tification in a newspaper of general circula10 tion and provide such additional notice of

11 the proposed certification as may be re12 quired by State law;

13 ‘‘(ii) include in the notice of the pro14 posed certification or otherwise make read15 ily available a statement of the laws and

16 regulations subject to the certification and

17 an explanation of the basis for a conclusion

18 that the laws and regulations satisfy the re19 quirements of paragraph (1);

20 ‘‘(iii) provide interested persons an op21 portunity to comment on the proposed cer22 tification, for a period of time not less than

23 60 days, after publication of the notice; and

24 ‘‘(iv) publish notice of the final certifi25 cation, together with an explanation of the
39

•S 2345 EAH

1 basis for the final certification, in a news2 paper of general circulation and provide

3 such additional notice of the final certifi4 cation as may be required by State law.

5 ‘‘(C) APPEAL.—Within 120 days after pub6 lication of the final certification under subpara7 graph (B), any interested person may file an ap8 peal of the final certification in the United

9 States Circuit Court of Appeals for the Federal

10 judicial district of the State, for a judicial deter11 mination that the certified laws and regulations

12 do not satisfy the requirements of paragraph (1)

13 or that the certification process did not satisfy

14 the procedural requirements of subparagraph

15 (B). The appeal shall set forth the specific rea16 sons for the appeal of the final certification.

17 ‘‘(D) LIMITATION TO RECORD.—Any judi18 cial proceeding brought under subparagraph (C)

19 shall be limited to the administrative record de20 veloped in connection with the procedures de21 scribed in subparagraph (B).

22 ‘‘(E) COSTS OF LITIGATION.—In any judi23 cial proceeding brought under subparagraph (C),

24 the court shall award costs of litigation (includ25 ing reasonable attorney fees) to any prevailing
40

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1 party whenever the court determines that such

2 award is appropriate.

3 ‘‘(F) LIMITATION ON REVIEW OF CERTIFI4 CATIONS.—If no appeal is taken within 120 days

5 after the publication of the final certification, or

6 if the final certification by the Governor of any

7 State is upheld by the United States Circuit

8 Court of Appeals and no party seeks review by

9 the Supreme Court (within applicable time re10 quirements), the final certification shall not be

11 subject to judicial review.

12 ‘‘(G) LIMITATION ON REVIEW OF DESIGNA13 TIONS.—Designations made after the final cer14 tification and pursuant to the certified laws and

15 regulations shall not be subject to judicial review

16 for failure to satisfy the requirements of para17 graph (1).

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

19 ‘‘(1) PROHIBITION ON REQUIRED TRANSFERS.—

20 Nothing in this section shall authorize any State or

21 qualified political subdivision, or any designee of the

22 State or qualified political subdivision, to require any

23 generator or owner of recyclable materials to transfer

24 any recyclable materials to such State or qualified

25 political subdivision unless the generator or owner of
41

•S 2345 EAH

1 the recyclable materials voluntarily made the mate2 rials available to the State or qualified political sub3 division and relinquished any rights to, or ownership

4 of, such materials.

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

6 section shall prohibit any person from selling, pur7 chasing, accepting, conveying, or transporting any re8 cyclable materials for purposes of transformation or

9 remanufacture into usable or marketable materials,

10 unless a generator or owner voluntarily made the ma11 terials available to the State or qualified political

12 subdivision and relinquished any rights to, or owner13 ship of, such materials.

14 ‘‘(e) RETAINED AUTHORITY.—Upon the request of any

15 generator of municipal solid waste affected by this section,

16 the State or political subdivision may authorize the diver17 sion of all or a portion of the solid wastes generated by

18 the generator making such request to a solid waste facility,

19 other than the facility or facilities originally designated by

20 the political subdivision, where the purpose of such request

21 is to provide a higher level of protection for human health

22 and the environment and reduce potential future liability

23 under Federal or State law of such generator for the man24 agement of such wastes. Requests shall include information

25 on the environmental suitability of the proposed alternative
42

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1 treatment or disposal facility and method, compared to that

2 of the designated facility and method. In making such a

3 determination the State or political subdivision may con4 sider the ability and willingness of both the designated and

5 alternative disposal facility or facilities to indemnify the

6 generator against any cause of action under State or Fed7 eral environmental statutes and against any cause of action

8 for nuisance, personal injury, or property loss under any

9 State law.

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

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

12 subsection (a), this section shall not supersede, abro13 gate, or otherwise modify any of the following:

14 ‘‘(A) Any contract or other agreement (in15 cluding any contract containing an obligation to

16 repay the outstanding indebtedness on any pro17 posed or existing waste management facility or

18 facility for recyclable materials) entered into be19 fore May 15, 1994, by a State or qualified politi20 cal subdivision in which such State or qualified

21 political subdivision has designated a proposed

22 or existing waste management facility, or facil23 ity for recyclable materials, for the transpor24 tation, management or disposal of municipal

25 solid waste, incinerator ash from a solid waste
43

•S 2345 EAH

1 incineration unit, construction debris or demoli2 tion debris, or recyclable materials, pursuant to

3 a law, ordinance, regulation, solid waste man4 agement plan, or legally binding provision

5 adopted by such State or qualified political sub6 division before May 15, 1994, if, in the case of

7 a contract or agreement relating to recyclable

8 materials, the generator or owner of the mate9 rials, and the State or qualified political sub10 division, have met the appropriate conditions in

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

12 ‘‘(B) Any other contract or agreement en13 tered into before May 15, 1994, for the transpor14 tation, management or disposal of municipal

15 solid waste, incinerator ash from a solid waste

16 incineration unit, or construction debris or dem17 olition debris.

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

19 solid waste management plan, or legally binding

20 provision—

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

22 1994;

23 ‘‘(II) that pertains to the transpor24 tation, management, or disposal of solid
44

•S 2345 EAH

1 waste generated within the boundaries of a

2 State or qualified political subdivision; and

3 ‘‘(III) under which a State or qualified

4 political subdivision, prior to May 15,

5 1994, directed, limited, regulated, or prohib6 ited the transportation, management, or

7 disposal of municipal solid waste, or incin8 erator ash from, a solid waste incineration

9 unit, or construction debris or demolition

10 debris, generated within the boundaries;

11 if the law, ordinance, regulation, solid waste

12 management plan, or legally binding provision

13 is applied to the transportation of solid waste

14 described in subclause (III), to a proposed or ex15 isting waste management facility designated be16 fore May 15, 1994, or to the management or dis17 posal of such solid waste at such a facility,

18 under such law, ordinance, regulation, solid

19 waste management plan, or legally binding pro20 vision.

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

22 waste management plan, or legally binding pro23 vision—

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

25 1994; and
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•S 2345 EAH

1 ‘‘(II) that pertains to the transpor2 tation or management of recyclable mate3 rials generated within the boundaries of a

4 State or qualified political subdivision;

5 if the law, ordinance, regulation, solid waste

6 management plan, or legally binding provision

7 is applied to the transportation of recyclable ma8 terials that are generated within the boundaries,

9 and with respect to which the generator or owner

10 of the materials, and the State or qualified polit11 ical subdivision, have met the appropriate condi12 tions described in subsection (b)(1), to a pro13 posed or existing facility for recyclable materials

14 designated before May 15, 1994, or to the man15 agement of such materials, under such law, ordi16 nance, regulation, solid waste management plan,

17 or legally binding provision.

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

19 contract or other agreement that is described in sub20 paragraph (A) or (B) of paragraph (1) shall provide

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

22 qualified political subdivision on request. Any propri23 etary information contained in the contract or agree24 ment may be omitted in the copy, but the information

25 that appears in the copy shall include at least the
46

•S 2345 EAH

1 date that the contract or agreement was signed, the

2 volume of municipal solid waste or recyclable mate3 rials covered by the contract or agreement with re4 spect to which the State or qualified political subdivi5 sion could otherwise exercise authority under sub6 section (a) or paragraph (1)(C), the source of the

7 waste or materials, the destination of the waste or

8 materials, the duration of the contract or agreement,

9 and the parties to the contract or agreement.

10 ‘‘(3) EFFECT ON INTERSTATE COMMERCE.—Any

11 contract or agreement described in subparagraph (A)

12 or (B) of paragraph (1), and any law, ordinance, reg13 ulation, solid waste management plan, or legally

14 binding provision described in subparagraph (C) of

15 paragraph (1), shall be considered to be a reasonable

16 regulation of commerce by a State or qualified politi17 cal subdivision, retroactive to the effective date of the

18 contract or agreement, or to the date of adoption of

19 any such law, ordinance, regulation, solid waste man20 agement plan, or legally binding provision, and shall

21 not be considered to be an undue burden on or other22 wise as impairing, restraining, or discriminating

23 against interstate commerce.

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

25 or qualified political subdivision of any waste man-
47

•S 2345 EAH

1 agement facility or facility for recyclable materials

2 after the date of enactment of this section shall be

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

4 this paragraph shall affect any designation made be5 fore the date of enactment of this section, and any

6 such designation shall be deemed to satisfy the re7 quirements of subsection (c).

8 ‘‘(g) SAVINGS CLAUSE.—

9 ‘‘(1) FEDERAL OR STATE ENVIRONMENTAL

10 LAWS.—Nothing in this section is intended to super11 sede, amend, or otherwise modify Federal or State en12 vironmental laws (including regulations) that apply

13 to the disposal or management of solid waste or recy14 clable materials at waste management facilities or fa15 cilities for recyclable materials.

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

17 be interpreted to authorize a qualified political sub18 division to exercise the authority granted by this sec19 tion in a manner inconsistent with State law.

20 ‘‘(h) PROHIBITION.—No political subdivision may ex21 ercise flow control authority to direct the movement of mu22 nicipal solid waste to any waste management facility for

23 which a Federal permit was denied twice before the enact24 ment of this section.
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1 ‘‘(i) DEFINITIONS.—For purposes of this section only,

2 the following definitions apply:

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

4 OR MORE WASTE MANAGEMENT FACILITIES.—The

5 term ‘committed to the designation of one or more

6 waste management facilities’ means that a State or

7 qualified political subdivision was legally bound to

8 designate one or more existing or future waste man9 agement facilities or performed or caused to be per10 formed one or more of the following actions for the

11 purpose of designating one or more such facilities:

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

13 construction of such waste management facility

14 prior to May 15, 1994.

15 ‘‘(B) Executed contracts for the construction

16 of such waste management facility prior to May

17 15, 1994.

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

19 specifically provide revenue for the construction

20 of such waste management facility prior to May

21 15, 1994.

22 ‘‘(D) Submitted to the appropriate regu23 latory agency or agencies, on or before May 15,

24 1994, administratively complete permit applica-
49

•S 2345 EAH

1 tions for the construction and operation of a

2 waste management facility.

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

4 agreement among qualified political subdivi5 sions, pursuant to a law authorizing such forma6 tion for the purposes of designating facilities.

7 ‘‘(F) Executed a contract or agreement that

8 obligates or otherwise requires a State or quali9 fied political subdivision to deliver a minimum

10 quantity of solid waste to a waste management

11 facility and that obligates or otherwise requires

12 the State or qualified political subdivision to

13 pay for that minimum quantity of solid waste

14 even if the stated minimum quantity of solid

15 waste is not delivered within a required time16 frame, otherwise commonly known as a ‘‘put or

17 pay agreement’’.

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

19 that specifically described the method for des20 ignating by solid waste management districts, a

21 resolution of preliminary designation that speci22 fies criteria and procedures for soliciting propos23 als to designate facilities after having completed

24 a public notice and comment period.
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1 ‘‘(H) Adopted, pursuant to a State statute

2 that specifically described the method for des3 ignating by solid waste management districts, a

4 resolution of intent to establish designation with

5 a list of facilities for which designation is in6 tended.

7 ‘‘(2) DESIGNATION; DESIGNATE.—The terms ‘des8 ignate’, ‘designated’, ‘designation’ or ‘designating’

9 mean a requirement of a State or qualified political

10 subdivision, and the act of a State or qualified politi11 cal subdivision, to require that all or any portion of

12 the municipal solid waste that is generated within the

13 boundaries of the State or qualified political subdivi14 sion be delivered to a waste management facility

15 identified by a State or qualified political subdivi16 sion, and specifically includes put or pay agreements

17 of the type described in paragraph (1)(F).

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

19 ‘flow control authority’ means the authority to control

20 the movement of solid waste or recyclable materials

21 and direct such waste or recyclable materials to one

22 or more designated waste management facilities or fa23 cilities for recyclable materials.

24 ‘‘(4) INDUSTRIAL SOLID WASTE.—The term ‘in25 dustrial solid waste’ means solid waste generated by
51

•S 2345 EAH

1 manufacturing or industrial processes, including

2 waste generated during scrap processing and scrap

3 recycling, that is not hazardous waste regulated under

4 subtitle C. ‘Industrial solid waste’ does not include

5 municipal solid waste specified in paragraph

6 (5)(A)(iii).

7 ‘‘(5) MUNICIPAL SOLID WASTE.—

8 ‘‘(A) IN GENERAL.—Subject to the limita9 tions of subsection (b)(3), the term ‘municipal

10 solid waste’ means—

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

12 household, including a single or multifamily

13 residence;

14 ‘‘(ii) any solid waste that is discarded

15 by a commercial, institutional, or indus16 trial source;

17 ‘‘(iii) residue remaining after recycla18 ble materials have been separated or di19 verted from municipal solid waste described

20 in clause (i) or (ii);

21 ‘‘(iv) any waste material or waste sub22 stance removed from a septic tank, septage

23 pit, or cesspool, other than from portable

24 toilets; and
52

•S 2345 EAH

1 ‘‘(v) conditionally exempt small quan2 tity generator waste under section 3001(d),

3 if it is collected, processed or disposed with

4 other municipal solid waste as part of mu5 nicipal solid waste services.

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

7 solid waste’ shall not include any of the follow8 ing:

9 ‘‘(i) Hazardous waste required to be

10 managed in accordance with subtitle C

11 (other than waste described in subpara12 graph (A)(v)), solid waste containing a pol13 ychlorinated biphenyl regulated under the

14 Toxic Substances Control Act (15 U.S.C.

15 2601 et seq.), or medical waste listed in sec16 tion 11002.

17 ‘‘(ii)(I) A recyclable material.

18 ‘‘(II) A material or a product returned

19 from a dispenser or distributor to the man20 ufacturer or the agent of the manufacturer

21 for credit, evaluation, or reuse unless such

22 material or product is discarded or aban23 doned for collection, disposal or combustion.

24 ‘‘(III) A material or product that is an

25 out-of-date or unmarketable material or
53

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1 product, or is a material or product that

2 does not conform to specifications, and that

3 is returned to the manufacturer or the agent

4 of the manufacturer for credit, evaluation,

5 or reuse unless such material or product is

6 discarded or abandoned for collection, dis7 posal or combustion.

8 ‘‘(iii) Any solid waste (including con9 taminated soil and debris) resulting from a

10 response action taken under section 104 or

11 106 of the Comprehensive Environmental

12 Response, Compensation, and Liability Act

13 of 1980 (42 U.S.C. 9604 or 9606) or a cor14 rective action taken under this Act.

15 ‘‘(iv) (I) Industrial solid waste.

16 ‘‘(II) Any solid waste that is generated

17 by an industrial facility and transported

18 for the purpose of containment, storage, or

19 disposal to a facility that is owned or oper20 ated by the generator of the waste, or a fa21 cility that is located on property owned by

22 the generator.

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

24 term ‘qualified political subdivision’ means a govern25 mental entity or political subdivision of a State, as
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1 authorized by the State, to plan for, or determine the

2 methods to be utilized for, the collection, transpor3 tation, disposal or other management of municipal

4 solid waste generated within the boundaries of the

5 area served by the governmental entity or political

6 subdivision.

7 ‘‘(7) RECYCLABLE MATERIAL.—The term ‘recy8 clable material’ means any material (including any

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

10 other material) that has been separated, or diverted at

11 the point of generation, from solid waste for the pur12 pose of recycling, reclamation, or reuse.

13 ‘‘(8) SOLID WASTE MANAGEMENT PLAN.—The

14 term ‘solid waste management plan’ means a plan for

15 the transportation, treatment, processing, composting,

16 combustion, disposal or other management of munici17 pal solid waste, adopted by a State or qualified polit18 ical subdivision pursuant to and conforming with

19 State law.

20 ‘‘(9) WASTE MANAGEMENT FACILITY.—The term

21 ‘waste management facility’ means any facility or fa22 cilities in which municipal solid waste, incinerator

23 ash from a solid waste incineration unit, or construc24 tion debris or demolition debris is separated, stored,
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1 transferred, treated, processed, combusted, deposited or

2 disposed.

3 ‘‘(10) EXISTING WASTE MANAGEMENT FACIL4 ITY.—The term ‘existing waste management facility’

5 means a facility under construction or in operation

6 as of May 15, 1994.

7 ‘‘(11) PROPOSED WASTE MANAGEMENT FACIL8 ITY.—The term ‘proposed waste management facility’

9 means a facility that has been specifically identified

10 and designated, but that was not under construction,

11 as of May 15, 1994.

12 ‘‘(12) FUTURE WASTE MANAGEMENT FACILITY.—

13 The term ‘future waste management facility’ means

14 any other waste management facility.’’.

15 SEC. 203. TABLE OF CONTENTS AMENDMENT.

16 The table of contents in section 1001 of the Solid Waste

17 Disposal Act (42 U.S.C. prec. 6901) (as amended by section

18 103) is further amended by adding after the item relating

19 to section 4011 the following new item:

‘‘Sec. 4012. Congressional authorization of State control over transportation, management and disposal of municipal solid waste.’’.

20 Amend the title so as to read: ‘‘A bill to amend the

21 Solid Waste Disposal Act to provide congressional author22 ization for restrictions on receipt of out-of-State municipal
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1 solid waste and for State control over transportation of

2 municipal solid waste, and for other purposes.’’.

Attest:

Clerk.

103D CONGRESS

2D SESSION S. 2345

AMENDMENTS