```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2345 Engrossed Amendment House (EAH)]

                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:

                       TITLE I--INTERSTATE WASTE

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``State and Local Government 
Interstate Waste Control Act of 1994''.

SEC. 102. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
is amended by adding after section 4010 the following new section:

``SEC. 4011. INTERSTATE TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID 
              WASTE.

    ``(a) Restriction on Receipt of Out-Of-State Waste.--
            ``(1) In general.--(A) Effective January 1, 1995, a 
        landfill or incinerator in a State may not receive for disposal 
        or incineration any out-of-State municipal solid waste unless 
        the owner or operator of such landfill or incinerator obtains 
        explicit authorization (as part of a host community agreement) 
        from the affected local government to receive the waste.
            ``(B) An authorization granted pursuant to subparagraph (A) 
        shall--
                    ``(i) be granted by formal action at a meeting;
                    ``(ii) be recorded in writing in the official 
                record of the meeting; and
                    ``(iii) remain in effect according to its terms.
            ``(C) An authorization granted pursuant to subparagraph (A) 
        may specify terms and conditions, including an amount of out-
        of-State waste that an owner or operator may receive and the 
        duration of the authorization.
            ``(D) Promptly, but not later than 90 days after such an 
        authorization is granted, the affected local government shall 
        notify the Governor, contiguous local governments, and any 
        contiguous Indian tribes of an authorization granted under this 
        subsection.
            ``(2) Information.--Prior to seeking an authorization to 
        receive out-of-State municipal solid waste pursuant to this 
        subsection, the owner or operator of the facility seeking such 
        authorization shall provide (and make readily available to the 
        Governor, each contiguous local government and Indian tribe, 
        and any other interested person for inspection and copying) the 
        following information:
                    ``(A) A brief description of the facility, 
                including, with respect to both the facility and any 
                planned expansion of the facility, the size, ultimate 
                waste capacity, and the anticipated monthly and yearly 
                quantities (expressed in terms of volume) of waste to 
                be handled.
                    ``(B) A map of the facility site indicating 
                location in relation to the local road system and 
                topography and hydrogeological features. The map shall 
                indicate any buffer zones to be acquired by the owner 
                or operator as well as all facility units.
                    ``(C) A description of the then current 
                environmental characteristics of the site, a 
                description of ground water use in the area (including 
                identification of private wells and public drinking 
                water sources), and a discussion of alterations that 
                may be necessitated by, or occur as a result of, the 
                facility.
                    ``(D) A description of environmental controls 
                typically required to be used on the site (pursuant to 
                permit requirements), including run on or run off 
                management (or both), air pollution control devices, 
                source separation procedures (if any), methane 
                monitoring and control, landfill covers, liners or 
                leachate collection systems, and monitoring programs. 
                In addition, the description shall include a 
                description of any waste residuals generated by the 
                facility, including leachate or ash, and the planned 
                management of the residuals.
                    ``(E) A description of site access controls to be 
                employed, and roadway improvements to be made, by the 
                owner or operator, and an estimate of the timing and 
                extent of increased local truck traffic.
                    ``(F) A list of all required Federal, State, and 
                local permits.
                    ``(G) Estimates of the personnel requirements of 
                the facility, including information regarding the 
                probable skill and education levels required for jobs 
                at the facility. To the extent practicable, the 
                information shall distinguish between employment 
                statistics for preoperational and postoperational 
                levels.
                    ``(H) Any information that is required by State or 
                Federal law to be provided with respect to any 
                violations of environmental laws (including 
                regulations) by the owner, the operator, and any 
                subsidiary of the owner or operator, the disposition of 
                enforcement proceedings taken with respect to the 
                violations, and corrective action and rehabilitation 
                measures taken as a result of the proceedings.
                    ``(I) Any information that is required by State or 
                Federal law to be provided with respect to gifts and 
                contributions made by the owner or operator.
                    ``(J) Any information that is required by State or 
                Federal law to be provided with respect to compliance 
                by the owner or operator with the State solid waste 
                management plan.
            ``(3) Notification.--Prior to taking formal action with 
        respect to granting authorization to receive out-of-State 
        municipal solid waste pursuant to this subsection, an affected 
        local government shall--
                    ``(A) notify the Governor, contiguous local 
                governments, and any contiguous Indian tribes;
                    ``(B) publish notice of the action in a newspaper 
                of general circulation at least 30 days before holding 
                a hearing and again at least 15 days before holding the 
                hearing, except where State law provides for an 
                alternate form of public notification; and
                    ``(C) provide an opportunity for public comment in 
                accordance with State law, including at least 1 public 
                hearing.
    ``(b) Annual State Report.--
            ``(1) In general.--Each year the owner or operator of each 
        landfill or incinerator receiving out-of-State municipal solid 
        waste shall submit to the affected local government and to the 
        Governor of the State in which the landfill or incinerator is 
        located information specifying the amount of out-of-State 
        municipal solid waste received for disposal during the 
        preceding year. Each year each such State shall publish and 
        make available to the public a report containing information on 
        the amount of out-of-State municipal solid waste received for 
        disposal in the State during the preceding year. Each year the 
        owner or operator of each landfill or incinerator receiving 
        out-of-State municipal solid waste shall also submit to the 
        Governor of the State of origin of such waste, and to the 
        Administrator, information specifying the amount of out-of-
        State municipal solid waste received for disposal by the owner 
        or operator during the preceding year from such State of 
        origin. The submissions under this paragraph by any owner or 
        operator shall all be made at the same time.
            ``(2) Contents.--Each submission referred to in this 
        subsection shall be such as would result in criminal penalties 
        in case of false or misleading information. Such submission 
        shall include the amount of waste received, place of origin, 
        including the identity of the generator, date of shipment, and 
        type of waste.
            ``(3) List.--The Administrator shall publish a list of 
        States that the Administrator has determined have exported out 
        of State an amount of municipal solid waste in excess of 3.5 
        million tons in calendar year 1995, 3.0 million tons in each of 
        calendar years 1996 and 1997, 2.5 million tons in each of 
        calendar years 1998 and 1999, 1.5 million tons in each of 
        calendar years 2000 and 2001, and 1.0 million tons in calendar 
        year 2002 and each year thereafter. The list for any calendar 
        year shall be published by March 1 of the following calendar 
        year.
            ``(4) Savings provision.--Nothing in this subsection shall 
        be construed to preempt any State requirement that requires 
        more frequent reporting of information.
    ``(c) Freeze.--
            ``(1) Annual amount.--(A) Except as provided in paragraph 
        (2) and unless it would result in a violation of, or be 
        inconsistent with, a host community agreement or permit 
        specifically authorizing the owner or operator of a landfill or 
        incinerator to accept out-of-State muncipal solid waste at such 
        landfill or incinerator, and notwithstanding the absence of a 
        request in writing by the affected local government, a 
        Governor, in accordance with paragraph (3), may limit the 
        quantity of out-of-State municipal solid waste received for 
        disposal at each landfill or incinerator covered by the 
        exceptions provided in subsection (e) that is subject to the 
        jurisdiction of the Governor, to an annual amount equal to the 
        quantity of out-of-State municipal solid waste received for 
        disposal at such landfill or incinerator during calendar year 
        1993.
            ``(B) At the request of an affected local government that 
        has not executed a host community agreement, the Governor may 
        limit the amount of out-of-State municipal solid waste received 
        annually for disposal at the landfill or incinerator concerned 
        to the amount described in subparagraph (A). No such limit may 
        conflict with provisions of a permit specifically authorizing 
        the owner or operator to accept, at the facility, out-of-State 
        municipal solid waste.
            ``(2) Limitation on governor's authority.--A Governor may 
        not exercise the authority granted under this subsection in a 
        manner that would require any owner or operator of a landfill 
        or incinerator covered by the exceptions provided in subsection 
        (e) to reduce the amount of out-of-State municipal solid waste 
        received from any State for disposal at such landfill or 
        incinerator to an annual quantity less than the amount received 
        from such State for disposal at such landfill or incinerator 
        during calendar year 1993.
            ``(3) Uniformity.--Any limitation imposed by a Governor 
        under paragraph (1)(A)--
                    ``(A) shall be applicable throughout the State;
                    ``(B) shall not directly or indirectly discriminate 
                against any particular landfill or incinerator within 
                the State; and
                    ``(C) shall not directly or indirectly discriminate 
                against any shipments of out-of-State municipal solid 
                waste on the basis of State of origin.
    ``(d) Ratchet.--
            ``(1) In general.--Unless it would result in a violation 
        of, or be inconsistent with, a host community agreement or 
        permit specifically authorizing the owner or operator of a 
        landfill or incinerator to accept out-of-State municipal solid 
        waste at such landfill or incinerator, immediately upon the 
        date of publication of the list required under subsection 
        (b)(3), and notwithstanding the absence of a request in writing 
        by the affected local government, a Governor, in accordance 
        with paragraph (4), may prohibit the disposal of out-of-State 
        municipal solid waste, at any landfill or incinerator covered 
        by the exceptions in subsection (e) that is subject to the 
        jurisdiction of the Governor, generated in any State that is 
        determined by the Administrator under subsection (b)(3) as 
        having exported, to landfills or incinerators not covered by 
        host community agreements, more than any of the following:
                    ``(A) 3.5 million tons of municipal solid waste in 
                calendar year 1995.
                    ``(B) 3.0 million tons of municipal solid waste in 
                calendar year 1996.
                    ``(C) 3.0 million tons of municipal solid waste in 
                calendar year 1997.
                    ``(D) 2.5 million tons of municipal solid waste in 
                calendar year 1998.
                    ``(E) 2.5 million tons of municipal solid waste in 
                calendar year 1999.
                    ``(F) 1.5 million tons of municipal solid waste in 
                calendar year 2000.
                    ``(G) 1.5 million tons of municipal solid waste in 
                calendar year 2001.
                    ``(H) 1.0 million tons of municipal solid waste in 
                calendar year 2002.
                    ``(I) 1.0 million tons of municipal solid waste in 
                each calendar year after 2002.
            ``(2) Additional export limits.--No State may export to any 
        one State more than 1.4 million tons of municipal solid waste 
        in calendar year 1995 or 90 percent of the 1993 levels exported 
        to a State, whichever is greater, 1.3 million tons in 1996 or 
        90 percent of the 1995 levels exported to a State, whichever is 
        greater, 1.2 million tons in 1997 or 90 percent of the 1996 
        levels exported to a State, whichever is greater, 1.1 million 
        tons in 1998 or 90 percent of the 1997 levels exported to a 
        State, whichever is greater, 1 million tons in 1999, 800,000 
        tons in 2000, and 600,000 tons in 2001 and each year 
        thereafter, to landfills or incinerators not covered by host 
        community agreements. Governors of importing States may 
        restrict levels of imports to reflect the level of out-of-State 
        municipal solid waste imports referred to in the preceding 
        sentence if--
                    ``(A) the Governor of the importing State has 
                notified the Governor of the exporting State and the 
                Administrator 12 months prior to enforcement of the 
                importing State's intention to impose the requirements 
                of this section;
                    ``(B) the Governor of the importing State has 
                notified the Governor of the exporting State and the 
                Administrator of the violation by the exporting State 
                of this section at least 90 days prior to the 
                enforcement of this section; and
                    ``(C) the restrictions imposed by the Governor of 
                the importing State are uniform at all facilities 
                within the State receiving municipal solid waste from 
                the exporting State.
            ``(3) Duration.--The authority provided by paragraph (1) or 
        (2) or both shall apply for as long as a State exceeds the 
        levels allowable under paragraph (1) or (2), as the case may 
        be.
            ``(4) Uniformity.--Any restriction imposed by a State under 
        paragraph (1) or (2)--
                    ``(A) shall be applicable throughout the State;
                    ``(B) shall not directly or indirectly discriminate 
                against any particular landfill or incinerator within 
                the State; and
                    ``(C) shall not directly or indirectly discriminate 
                against any shipments of out-of-State municipal solid 
                waste on the basis of State of origin, in the case of 
                States in violation of paragraph (1) or (2).
    ``(e) Authorization not Required for Certain Facilities.--
            ``(1) In general.--The prohibition on the disposal of out-
        of-State municipal solid waste under subsection (a)(1) shall 
        not apply to landfills and incinerators in operation on the 
        date of enactment of this section that received during calendar 
        year 1993 documented shipments of out-of-State municipal solid 
        waste.
            ``(2) Availability of documentation.--The owner or operator 
        of a landfill or incinerator that is exempt under paragraph (1) 
        of this subsection from the requirements of subsection (a) 
        shall provide to the State and affected local government, and 
        make available for inspection by the public in the affected 
        local community, a copy of the host community agreement or 
        other documentation required under paragraph (1). The owner or 
        operator may omit from such copy or other documentation any 
        proprietary information, but shall ensure that at least the 
        following information is apparent: the volume of out-of-State 
        municipal solid waste received, the place of origin of the 
        waste, and the duration of any relevant contract.
            ``(3) Denied or revoked permits.--A landfill or incinerator 
        may not receive for disposal or incineration out-of-State 
        municipal solid waste in the absence of a host community 
        agreement if the operating permit or license for the landfill 
        or incinerator (or renewal thereof) was denied or revoked by 
        the appropriate State agency before the date of enactment of 
        this section unless such permit or license (or renewal) has 
        been reinstated as of such date of enactment.
            ``(4) Waste within bi-state metropolitan statistical 
        areas.--The owner or operator of a landfill or incinerator in a 
        State may receive out-of-State municipal solid waste without 
        obtaining authorization under subsection (a) from the affected 
        local government if the out-of-State waste is generated within, 
        and the landfill or incinerator is located within, the same bi-
        State level A metropolitan statistical area (as defined by the 
        Office of Management and Budget and as listed by the Office of 
        Management and Budget as of the date of enactment of this 
        section) that contains two contiguous major cities each of 
        which is in a different State.
    ``(f) Needs Determination.--Any comprehensive solid waste 
management plan adopted by an affected local government pursuant to 
Federal or State law may take into account local and regional needs for 
solid waste disposal capacity. Any implementation of such plan through 
the State permitting process may take into account local and regional 
needs for solid waste disposal capacity only in a manner that is not 
inconsistent with the provisions of this section. Nothing in this 
subsection shall be construed to prohibit or preclude any State 
government or solid waste management district, as defined under State 
law from requiring any affected local government to site, construct, or 
modify any solid waste facility.
    ``(g) Cost Recovery Surcharge.--
            ``(1) Authority.--Both of the States directly affected by 
        the decision of the Supreme Court in the case of Oregon Waste 
        Systems, Inc. v. Department of Environmental Quality, 114 S. 
        Ct. 1345 (1994) may impose and collect a cost recovery 
        surcharge on the combustion or disposal in a landfill or 
        incinerator of out-of-State municipal solid waste in such 
        State.
            ``(2) Limitation.--During the period beginning on the date 
        of enactment of this section and ending on December 31, 1996, 
        no such State may impose or collect a cost recovery surcharge 
        from a facility on any out-of-State municipal solid waste that 
        meets both of the following conditions:
                    ``(A) The waste is being received at the facility 
                under one or more contracts entered into before the 
                date of enactment of this section.
                    ``(B) The amount of waste being received in a 
                calendar year under the contract or contracts does not 
                exceed the amount of waste received at the facility 
                during calendar year 1993.
            ``(3) Amount of surcharge.--The amount of the cost recovery 
        surcharge may be no greater than the amount necessary to 
        recover those costs determined in conformance with paragraph 
        (5) and in no event may exceed $2 per ton of waste.
            ``(4) Use of surcharge collected.--All cost recovery 
        surcharges collected by a State covered by this subsection 
        shall be used to fund those solid waste management programs 
        administered by the State or its political subdivisions that 
        incur costs for which the surcharge is collected.
            ``(5) Conditions.--(A) Subject to subparagraphs (B) and 
        (C), a State covered by this subsection may impose and collect 
        a cost recovery surcharge on the combustion or disposal within 
        the State of out-of-State municipal solid waste if--
                    ``(i) the State demonstrates a cost to the State 
                arising from the combustion or disposal within the 
                State of a volume of municipal solid waste from a 
                source outside the State;
                    ``(ii) the surcharge is based on those costs to the 
                State demonstrated under subparagraph (A) that, if not 
                paid for through the surcharge, would otherwise have to 
                be paid or subsidized by the State; and
                    ``(iii) the surcharge is compensatory and is not 
                discriminatory.
            ``(B) In no event shall a cost recovery surcharge be 
        imposed by a State to the extent that the cost for which 
        recovery is sought is otherwise recovered by any other fee or 
        tax assessed against the generation, transportation, treatment, 
        combustion, or disposal of solid waste.
            ``(C) The grant of a subsidy by a State with respect to 
        entities disposing of waste generated within the State does not 
        constitute discrimination for purposes of subparagraph 
        (A)(iii).
            ``(6) Burden of proof.--In any proceeding in which a State 
        invokes this subsection to justify a cost recovery surcharge on 
        the combustion or disposal within the State of out-of-State 
        municipal solid waste, the State shall bear the burden of 
        establishing that the cost recovery surcharge satisfies the 
        conditions set forth in paragraph (5).
    ``(h) Implementation and Enforcement.--Any State may adopt such 
laws and regulations, not inconsistent with this section, as are 
necessary to implement and enforce this section, including provisions 
for penalties.
    ``(i) Construction and Demolition Waste.--
            ``(1) Limit.--Any State may establish, pursuant to this 
        paragraph, a limit on the amount of out-of-State construction 
        and demolition waste for disposal at landfills in the State. A 
        limit under this paragraph may be imposed consistent with each 
        of the following:
                    ``(A) By January 1, 1996, each State seeking to 
                limit under this paragraph the receipt of out-of-State 
                construction and demolition waste shall establish and 
                implement a mechanism for measuring the amount of 
                construction and demolition waste generated within the 
                State, disposed of within the State, imported into the 
                State and exported for disposal.
                    ``(B) By March 1, 1998, each State seeking to limit 
                under this paragraph the receipt of construction and 
                demolition waste shall establish the amount of out-of-
                State construction and demolition waste received during 
                calendar years 1996 and 1997 and report the tonnage 
                received to the Governor of each exporting State.
            ``(2) Amount.--For each calendar year beginning after 
        January 1, 1998, the amount of out-of-State construction and 
        demolition waste received at any facility within an importing 
        State may be limited to the average of the amounts received in 
        calendar years 1996 and 1997.
            ``(3) Definition.--For purposes of this subsection, the 
        term `construction and demolition waste' means debris resulting 
        from construction, remodeling, repair, or demolition of 
        structures other than debris that is not otherwise commingled 
        with other municipal solid waste and has been determined by the 
        generator, to be contaminated. For purposes of determining 
        whether any such debris is contaminated, the generator shall 
        conduct representative sampling and analysis of such debris, 
        the results of which shall be submitted to the affected local 
        government for recordkeeping purposes only, unless not required 
        by the affected local government. Any such debris that has been 
        determined to be contaminated shall be disposed of in a 
        landfill that meets, at a minimum, the requirements of this 
        subtitle.
    ``(j) Savings Clause.--Nothing in this section shall be interpreted 
or construed to have any effect on State law relating to contracts.
    ``(k) Definitions.--As used in this section:
            ``(1) Affected local government.--(A) For any landfill or 
        incinerator, the term `affected local government' means--
                    ``(i) the public body authorized by State law to 
                plan for the management of municipal solid waste, a 
                majority of the members of which are elected officials, 
                for the area in which the landfill or incinerator is 
                located or proposed to be located; or
                    ``(ii) if there is no such body created by State 
                law--
                            ``(I) the elected officials of the city, 
                        town, township, borough, county, or parish 
                        selected by the Governor and exercising primary 
                        responsibility over municipal solid waste 
                        management or the use of land in the 
                        jurisdiction in which the facility is located 
                        or is proposed to be located; or
                            ``(II) if a Governor fails to make a 
                        selection under subclause (I), and publish a 
                        notice regarding the selection, within 90 days 
                        after the date of enactment of this section, 
                        the elected officials of the city, town, 
                        township, borough, county, parish, or other 
                        public body created pursuant to State law with 
                        primary jurisdiction over the land or the use 
                        of land on which the facility is located or is 
                        proposed to be located.
        The Governor shall publish a notice regarding the selection 
        described in clause (ii).
            ``(B) Notwithstanding subparagraph (A), for purposes of 
        host community agreements entered into before the date of 
        enactment of this section (or before the date of publication of 
        notice, in the case of subparagraph (A)(ii)), the term shall 
        mean either the public body described in clause (i) or the 
        elected officials of the city, town, township, borough, county, 
        or parish exercising primary responsibility for the use of land 
        on which the facility is located or proposed to be located.
            ``(C) Two or more Governors of adjoining States may use the 
        authority provided in section 1005(b) to enter into an 
        agreement under which contiguous units of local government 
        located in each of the adjoining States may act jointly as the 
        affected local government for purposes of providing 
        authorization under subsection (a) for municipal solid waste 
        generated in one of such counties and received for disposal or 
        incineration in another.
            ``(2) Host community agreement.--The term `host community 
        agreement' means a written, legally binding document or 
        documents executed by duly authorized officials of the affected 
        local government that specifically authorizes a landfill or 
        incinerator to receive municipal solid waste generated out-of-
        State, but does not include any agreement to pay host community 
        fees for receipt of waste unless additional express 
        authorization to receive out-of-State municipal solid waste is 
        also included.
            ``(3) Municipal solid waste.--The term `municipal solid 
        waste' means refuse (and refuse-derived fuel) generated by the 
        general public, from a residential source, or from a 
        commercial, institutional, or industrial source (or any 
        combination thereof) to the extent such waste is essentially 
        the same as waste normally generated by households or was 
        collected and disposed of with other municipal solid waste as 
        part of normal municipal solid waste collection services, and 
        regardless of when generated, would be considered conditionally 
        exempt small quantity generator waste under section 3001(d), 
        such as paper, food, wood, yard wastes, plastics, leather, 
        rubber, appliances, or other combustible or noncombustible 
        materials such as metal or glass (or any combination thereof). 
        The term `municipal solid waste' does not include any of the 
        following:
                    ``(A) Any solid waste identified or listed as a 
                hazardous waste under section 3001.
                    ``(B) 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.
                    ``(C) Recyclable materials that have been 
                separated, at the source of the waste, from waste 
                otherwise destined for disposal or that have been 
                managed separately from waste destined for disposal.
                    ``(D) Any solid waste that is--
                            ``(i) generated by an industrial facility; 
                        and
                            ``(ii) transported for the purpose of 
                        treatment, storage, or disposal to a facility 
                        that is owned or operated by the generator of 
                        the waste, or is located on property owned by 
                        the generator of the waste, or is located on 
                        property owned by a company with which the 
                        generator is affiliated.
                    ``(E) Any solid waste generated incident to the 
                provision of service in interstate, intrastate, 
                foreign, or overseas air transportation.
                    ``(F) Sewage sludge and residuals from any sewage 
                treatment plant, including any sewage treatment plant 
                required to be constructed in the State of 
                Massachusetts pursuant to any court order issued 
                against the Massachusetts Water Resources Authority.
                    ``(G) Combustion ash generated by resource recovery 
                facilities or municipal incinerators, or waste from 
                manufacturing or processing (including pollution 
                control) operations not essentially the same as waste 
                normally generated by households.
                    ``(H) Any medical waste that is segregated from or 
                not mixed with municipal solid waste (as otherwise 
                defined in this paragraph).
                    ``(I) Any material or product returned from a 
                dispenser or distributor to the manufacturer for 
                credit, evaluation, or possible reuse.
            ``(4)  Out-of-state municipal solid waste.--The term `out-
        of-State municipal solid waste' means, with respect to any 
        State, municipal solid waste generated outside of the State. 
        Unless the President determines it is not consistent with the 
        North American Free Trade Agreement and the General Agreement 
        on Tariffs and Trade, the term shall include municipal solid 
        waste generated outside of the United States.
            ``(5) Specifically authorized.--The term `specifically 
        authorizes' refers to an explicit authorization, contained in a 
        host community agreement or permit, to import waste from 
        outside the State. Such authorization may include a reference 
        to a fixed radius surrounding the landfill or incinerator that 
        includes an area outside the State or a reference to `any place 
        of origin', reference to specific places outside the State, or 
        use of such phrases as `regardless of origin' or `outside the 
        State'. The language for such authorization may vary as long as 
        it clearly and affirmatively states the approval or consent of 
        the affected local government or State for receipt of municipal 
        solid waste from sources or locations outside the State from 
        which the owner or operator of a landfill or incinerator 
        proposes to import it.''.

SEC. 103. TABLE OF CONTENTS AMENDMENT.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) is amended by adding after the item relating 
to section 4010 the following new item:

``Sec. 4011. Interstate transportation and disposal of municipal solid 
                            waste.''.

                         TITLE II--FLOW CONTROL

SEC. 201. SHORT TITLE.

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

SEC. 202. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
              TRANSPORTATION, MANAGEMENT, AND DISPOSAL OF MUNICIPAL 
              SOLID WASTE.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
(as amended by section 102) is further amended by adding after section 
4011 the following new section:

``SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE CONTROL OVER 
              TRANSPORTATION, MANAGEMENT, AND DISPOSAL OF MUNICIPAL 
              SOLID WASTE.

    ``(a) Authority.--
            ``(1) In general.--Each State and each qualified political 
        subdivision may, in accordance with this section--
                    ``(A)(i) exercise flow control authority for 
                municipal solid waste, incinerator ash from a solid 
                waste incineration unit, construction debris, or 
                demolition debris generated within the boundaries of 
                the State or qualified political subdivision if, before 
                May 15, 1994, the State or qualified political 
                subdivision--
                            ``(I) adopted a law, ordinance, regulation, 
                        solid waste management plan, or legally binding 
                        provision that contains flow control authority 
                        and, pursuant to such authority, directs such 
                        solid waste, ash, or debris to a proposed or 
                        existing waste management facility designated 
                        before May 15, 1994; or
                            ``(II) adopted a law, ordinance, 
                        regulation, solid waste management plan, or 
                        legally binding provision that identifies the 
                        use of one or more waste management methods 
                        that will be necessary for the transportation, 
                        management, or disposal of municipal solid 
                        waste generated within such boundaries, and 
                        committed to the designation of one or more 
                        waste management facilities for such method or 
                        methods;
                    ``(ii) after the effective date of this section, in 
                the case of a State or qualified political subdivision 
                that adopted such a law, ordinance, regulation, plan, 
                or legally binding provision that meets the 
                requirements of subclause (I) or (II) of clause (i), 
                exercise flow control authority over such solid waste 
                from any existing or future waste management facility 
                to any other existing or future waste management 
                facility; and
                    ``(iii) after the effective date of this section, 
                in the case of a State or qualified political 
                subdivision that adopted such a law, ordinance, 
                regulation, plan, or legally binding provision that 
                meets the requirements of subclause (I) of clause (i), 
                exercise flow control authority over such solid waste, 
                ash, or debris from any existing waste management 
                facility to any other existing or proposed waste 
                management facility, and may do so without regard to 
                subsection (b)(2); and
                    ``(B) exercise flow control authority for 
                voluntarily relinquished recyclable materials generated 
                within the boundaries of the State or qualified 
                political subdivision.
            ``(2) Reasonable regulation of commerce.--
                    ``(A) A law, ordinance, regulation, solid waste 
                management plan, or legally binding provision of a 
                State or qualified political subdivision, described in 
                paragraph (1), that implements or exercises flow 
                control authority in compliance with this section shall 
                be considered to be a reasonable regulation of commerce 
                and shall not be considered to be an undue burden on or 
                otherwise as impairing, restraining, or discriminating 
                against interstate commerce.
                    ``(B) A contract or franchise agreement entered 
                into by a State or political subdivision to provide the 
                exclusive or nonexclusive authority for the collection, 
                transportation, or disposal of municipal solid waste, 
                and not otherwise involving the exercise of flow 
                control authority described in paragraph (1), shall be 
                considered to be a reasonable regulation of commerce 
                and shall not be considered to be an undue burden on or 
                otherwise as impairing, restraining, or discriminating 
                against interstate commerce.
    ``(b) Limitations.--
            ``(1) Limitation of authority regarding recyclable 
        materials.--A State or qualified political subdivision may 
        exercise the authority described in subsection (a)(1)(B) 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, or the designee of 
                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.
            ``(2) Limitation of authority regarding solid waste or 
        recyclable materials.--
                    ``(A) A State or qualified political subdivision 
                may exercise the authority described in subparagraph 
                (A) or (B) of subsection (a)(1) only if the State or 
                qualified political subdivision establishes a program 
                to separate, or divert at the point of generation, 
                recyclable materials from municipal solid waste, for 
                purposes of recycling, reclamation, or reuse, in 
                accordance with any Federal or State law or municipal 
                solid waste planning requirements in effect.
                    ``(B) A State or qualified political subdivision 
                may exercise the authority described in clause (i) or 
                (ii) of subsection (a)(1)(A) only if, after conducting 
                one or more public hearings, the State or qualified 
                political subdivision--
                            ``(i) finds, on the basis of the record 
                        developed at the hearing or hearings, that it 
                        is necessary to exercise the authority 
                        described in subparagraph (A) or (B) of 
                        subsection (a)(1) to meet the current solid 
                        waste management needs (as of the date of the 
                        record) or the anticipated solid waste 
                        management needs of the State or qualified 
                        political subdivision for the management of 
                        municipal solid waste or recyclable materials;
                            ``(ii) finds, on the basis of the record 
                        developed at the hearing or hearings, including 
                        an analysis of the ability of the private 
                        sector and public bodies to provide short and 
                        long term integrated solid waste management 
                        services with and without flow control 
                        authority, that the exercise of flow control 
                        authority is necessary to provide such services 
                        in an economically efficient and 
                        environmentally sound manner; and
                            ``(iii) provides a written explanation of 
                        the reasons for the findings described clauses 
                        (i) and (ii), which may include a finding of a 
                        preferred waste management methodology or 
                        methodologies for providing such integrated 
                        solid waste management services.
                    ``(C) With respect to each designated waste 
                management facility, the authority of subsection (a) 
                shall be effective until completion of the schedule for 
                payment of the capital costs of the waste management 
                facility concerned (as in effect on May 15, 1994), or 
                for the remaining useful life of the original waste 
                management facility, whichever is longer. At the end of 
                such period, the authority of subsection (a) shall be 
                effective for any waste management facility for which 
                subparagraph (B) and subsection (c) have been complied 
                with by the State or qualified political subdivision, 
                except that no facility, and no State or qualified 
                political subdivision, subject to subsection 
                (a)(1)(A)(i)(I) or subsection (a)(1)(A)(ii) shall be 
                required to comply with subparagraph (B) for a period 
                of 10 years after the date of enactment of this 
                section. Notwithstanding the provisions of this 
                paragraph, compliance with subparagraph (B) shall not 
                be required where--
                            ``(i) a designated waste management 
                        facility is required to retrofit or otherwise 
                        make significant modifications to meet 
                        applicable environmental requirements or safety 
                        requirements;
                            ``(ii) routine repair or scheduled 
                        replacements of existing equipment or 
                        components of a designated waste management 
                        facility is undertaken that does not add to the 
                        capacity of the waste management facility; or
                            ``(iii) a designated waste management 
                        facility expands on land legally or equitably 
                        owned, or under option to purchase or lease, by 
                        the owner or operator of such facility and the 
                        applicable permit includes such land.
                    ``(D) Notwithstanding anything to the contrary in 
                this section, paragraphs (2)(B) and (2)(C) shall not 
                apply to any State (or any of its political 
                subdivisions) that, on or before January 1, 1984, 
                enacted regulations pursuant to a State law that 
                required or directed the transportation, management, or 
                disposal of solid waste from residential, commercial, 
                institutional and industrial sources as defined by 
                State law to specific waste management facilities and 
                applied those regulations to every political 
                subdivision in the State.
            ``(3) Limitation to applied authorities.--The authority 
        described in subsection (a)(1)(A) shall apply only to the 
        specific classes or categories of solid waste to which the 
        authority described in subsection (a)(1)(A)(i)(I) was applied 
        by the State or qualified political subdivision before May 15, 
        1994, and to the specific classes or categories of solid waste 
        for which the State or qualified political subdivision 
        committed to the designation of one or more waste management 
        facilities as described in subsection (a)(1)(A)(i)(II).
            ``(4) Expiration of authority.--The authority granted under 
        subsection (a)(1)(A)(i)(II) shall expire if a State or 
        qualified political subdivision has not designated, by law, 
        ordinance, regulation, solid waste management plan, or other 
        legally binding provision, one or more proposed or existing 
        waste management facilities within 3 years after the date of 
        enactment of this section.
            ``(5) Limitation on revenue.--A State or qualified 
        political subdivision may exercise the authority described in 
        subsection (a) only if the State or qualified political 
        subdivision limits the use of any of its revenues derived from 
        the exercise of such authority primarily to solid waste 
        management services.
    ``(c) Competitive Designation Process.--
            ``(1) In general.--A State or qualified political 
        subdivision may exercise the authority described in subsection 
        (a) only if the State or qualified political subdivision 
        develops and implements a competitive designation process, with 
        respect to each waste management facility or each facility for 
        recyclable materials. The process shall--
                    ``(A) 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 qualified political subdivision;
                    ``(B) set forth the goals of the designation 
                process, including at a minimum--
                            ``(i) capacity assurance;
                            ``(ii) the establishment of provisions to 
                        provide that protection of human health and the 
                        environment will be achieved; and
                            ``(iii) any other goals determined to be 
                        relevant by the State or qualified political 
                        subdivision;
                    ``(C) identify and compare reasonable and available 
                alternatives, options, and costs for designation of the 
                facilities;
                    ``(D) provide for public participation and comment;
                    ``(E) ensure that the designation of each facility 
                is accomplished through an open competitive process 
                during which the State or qualified political 
                subdivision--
                            ``(i) identifies in writing criteria to be 
                        utilized for selection of the facilities, which 
                        shall not discriminate unfairly against any 
                        particular waste management facility or any 
                        method of management, transportation or 
                        disposal, and shall not establish 
                        qualifications for selection that can only be 
                        met by public bodies;
                            ``(ii) provides a fair and equal 
                        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
                            ``(iii) evaluates and selects the 
                        facilities for designation based on the merits 
                        of the facilities in meeting the criteria 
                        identified; and
                    ``(F) base the designation of each such facility on 
                reasons that shall be stated in a public record.
            ``(2) Certification.--
                    ``(A) In general.--A Governor of any State may 
                certify that the laws and regulations of the State in 
                effect on May 15, 1994, satisfy the requirements for a 
                competitive designation process under paragraph (1).
                    ``(B) Process.--In making a certification under 
                subparagraph (A), a Governor shall--
                            ``(i) publish notice of the proposed 
                        certification in a newspaper of general 
                        circulation and provide such additional notice 
                        of the proposed certification as may be 
                        required by State law;
                            ``(ii) include in the notice of the 
                        proposed certification or otherwise make 
                        readily available a statement of the laws and 
                        regulations subject to the certification and an 
                        explanation of the basis for a conclusion that 
                        the laws and regulations satisfy the 
                        requirements of paragraph (1);
                            ``(iii) provide interested persons an 
                        opportunity to comment on the proposed 
                        certification, for a period of time not less 
                        than 60 days, after publication of the notice; 
                        and
                            ``(iv) publish notice of the final 
                        certification, together with an explanation of 
                        the basis for the final certification, in a 
                        newspaper of general circulation and provide 
                        such additional notice of the final 
                        certification as may be required by State law.
                    ``(C) Appeal.--Within 120 days after publication of 
                the final certification under subparagraph (B), any 
                interested person may file an appeal of the final 
                certification in the United States Circuit Court of 
                Appeals for the Federal judicial district of the State, 
                for a judicial determination that the certified laws 
                and regulations do not satisfy the requirements of 
                paragraph (1) or that the certification process did not 
                satisfy the procedural requirements of subparagraph 
                (B). The appeal shall set forth the specific reasons 
                for the appeal of the final certification.
                    ``(D) Limitation to record.--Any judicial 
                proceeding brought under subparagraph (C) shall be 
                limited to the administrative record developed in 
                connection with the procedures described in 
                subparagraph (B).
                    ``(E) Costs of litigation.--In any judicial 
                proceeding brought under subparagraph (C), the court 
                shall award costs of litigation (including reasonable 
                attorney fees) to any prevailing party whenever the 
                court determines that such award is appropriate.
                    ``(F) Limitation on review of certifications.--If 
                no appeal is taken within 120 days after the 
                publication of the final certification, or if the final 
                certification by the Governor of any State is upheld by 
                the United States Circuit Court of Appeals and no party 
                seeks review by the Supreme Court (within applicable 
                time requirements), the final certification shall not 
                be subject to judicial review.
                    ``(G) Limitation on review of designations.--
                Designations made after the final certification and 
                pursuant to the certified laws and regulations shall 
                not be subject to judicial review for failure to 
                satisfy the requirements of paragraph (1).
    ``(d) Ownership of Recyclable Materials.--
            ``(1) Prohibition on required transfers.--Nothing in this 
        section shall authorize any State or qualified political 
        subdivision, or any designee of the State or qualified 
        political subdivision, to require any generator or owner of 
        recyclable materials to transfer any recyclable materials to 
        such State or qualified political subdivision unless the 
        generator or owner of the recyclable materials voluntarily made 
        the materials available to the State or qualified political 
        subdivision and relinquished any rights to, or ownership of, 
        such materials.
            ``(2) Other transactions.--Nothing in this section shall 
        prohibit any person from selling, purchasing, accepting, 
        conveying, or transporting any recyclable materials for 
        purposes of transformation or remanufacture into usable or 
        marketable materials, unless a 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.
    ``(e) Retained Authority.--Upon the request of any generator of 
municipal solid waste affected by this section, the State or political 
subdivision may authorize the diversion of all or a portion of the 
solid wastes generated by the generator making such request to a solid 
waste facility, other than the facility or facilities originally 
designated by the political subdivision, where the purpose of such 
request is to provide a higher level of protection for human health and 
the environment and reduce potential future liability under Federal or 
State law of such generator for the management of such wastes. Requests 
shall include information on the environmental suitability of the 
proposed alternative treatment or disposal facility and method, 
compared to that of the designated facility and method. In making such 
a determination the State or political subdivision may consider the 
ability and willingness of both the designated and alternative disposal 
facility or facilities to indemnify the generator against any cause of 
action under State or Federal environmental statutes and against any 
cause of action for nuisance, personal injury, or property loss under 
any State law.
    ``(f) Existing Laws and Contracts.--
            ``(1) In general.--To the extent consistent with subsection 
        (a), 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 proposed or existing 
                waste management facility or facility for recyclable 
                materials) entered into before May 15, 1994, by a State 
                or qualified political subdivision in which such State 
                or qualified political subdivision has designated a 
                proposed or existing waste management facility, or 
                facility for recyclable materials, for the 
                transportation, management or disposal of municipal 
                solid waste, incinerator ash from a solid waste 
                incineration unit, construction debris or demolition 
                debris, or recyclable materials, pursuant to a law, 
                ordinance, regulation, solid waste management plan, or 
                legally binding provision adopted by such State or 
                qualified political subdivision before May 15, 1994, 
                if, in the case of a contract or agreement relating to 
                recyclable materials, the generator or owner of the 
                materials, and the State or qualified political 
                subdivision, have met the appropriate conditions in 
                subsection (b)(1) with respect to the materials.
                    ``(B) Any other contract or agreement entered into 
                before May 15, 1994, for the transportation, management 
                or disposal of municipal solid waste, incinerator ash 
                from a solid waste incineration unit, or construction 
                debris or demolition debris.
                    ``(C)(i) Any law, ordinance, regulation, solid 
                waste management plan, or legally binding provision--
                            ``(I) that is adopted before May 15, 1994;
                            ``(II) that pertains to the transportation, 
                        management, or disposal of 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, management, or disposal of 
                        municipal solid waste, or incinerator ash from, 
                        a solid waste incineration unit, or 
                        construction debris or demolition debris, 
                        generated within the boundaries;
                if the law, ordinance, regulation, solid waste 
                management plan, or legally binding provision is 
                applied to the transportation of solid waste described 
                in subclause (III), to a proposed or existing waste 
                management facility designated before May 15, 1994, or 
                to the management or disposal of such solid waste at 
                such a facility, under such law, ordinance, regulation, 
                solid waste management plan, or legally binding 
                provision.
                    ``(ii) Any law, ordinance, regulation, solid waste 
                management plan, or legally binding provision--
                            ``(I) that is adopted before May 15, 1994; 
                        and
                            ``(II) that pertains to the transportation 
                        or management of recyclable materials generated 
                        within the boundaries of a State or qualified 
                        political subdivision;
                if the law, ordinance, regulation, solid waste 
                management plan, or legally binding 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 (b)(1), to a proposed or 
                existing facility for recyclable materials designated 
                before May 15, 1994, or to the management of such 
                materials, under such law, ordinance, regulation, solid 
                waste management plan, or legally binding provision.
            ``(2) Contract information.--A party 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) or 
        paragraph (1)(C), 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.--Any contract or 
        agreement described in subparagraph (A) or (B) of paragraph 
        (1), and any law, ordinance, regulation, solid waste management 
        plan, or legally binding provision described in subparagraph 
        (C) of paragraph (1), shall be considered to be a reasonable 
        regulation of commerce by a State or qualified political 
        subdivision, retroactive to the effective date of the contract 
        or agreement, or to the date of adoption of any such law, 
        ordinance, regulation, solid waste management plan, or legally 
        binding provision, and shall not be considered to be an undue 
        burden on or otherwise as impairing, restraining, or 
        discriminating against interstate commerce.
            ``(4) Limitation.--Any designation by a State or qualified 
        political subdivision of any waste management facility or 
        facility for recyclable materials after the date of enactment 
        of this section shall be made in compliance with subsection 
        (c). Nothing in this paragraph shall affect any designation 
        made before the date of enactment of this section, and any such 
        designation shall be deemed to satisfy the requirements of 
        subsection (c).
    ``(g) Savings Clause.--
            ``(1) Federal or state environmental laws.--Nothing in this 
        section is intended to supersede, amend, or otherwise modify 
        Federal or State environmental laws (including regulations) 
        that apply to the disposal or management of solid waste or 
        recyclable materials at waste management facilities or 
        facilities for recyclable materials.
            ``(2) State law.--Nothing in this section shall be 
        interpreted to authorize a qualified political subdivision to 
        exercise the authority granted by this section in a manner 
        inconsistent with State law.
    ``(h) Prohibition.--No political subdivision may exercise flow 
control authority to direct the movement of municipal solid waste to 
any waste management facility for which a Federal permit was denied 
twice before the enactment of this section.
    ``(i) Definitions.--For purposes of this section only, the 
following definitions apply:
            ``(1) Committed to the designation of one or more waste 
        management facilities.--The term `committed to the designation 
        of one or more waste management facilities' means that a State 
        or qualified political subdivision was legally bound to 
        designate one or more existing or future waste management 
        facilities or performed or caused to be performed one or more 
        of the following actions for the purpose of designating one or 
        more such facilities:
                    ``(A) Obtained all required permits for the 
                construction of such waste management facility prior to 
                May 15, 1994.
                    ``(B) Executed contracts for the construction of 
                such waste management facility prior to May 15, 1994.
                    ``(C) Presented revenue bonds for sale to 
                specifically provide revenue for the construction of 
                such waste management facility prior to May 15, 1994.
                    ``(D) Submitted to the appropriate regulatory 
                agency or agencies, on or before May 15, 1994, 
                administratively complete permit applications for the 
                construction and operation of a waste management 
                facility.
                    ``(E) Formed a public authority or a joint 
                agreement among qualified political subdivisions, 
                pursuant to a law authorizing such formation for the 
                purposes of designating facilities.
                    ``(F) Executed a contract or agreement that 
                obligates or otherwise requires a State or qualified 
                political subdivision to deliver a minimum quantity of 
                solid waste to a waste management facility and that 
                obligates or otherwise requires the State or qualified 
                political subdivision to pay for that minimum quantity 
                of solid waste even if the stated minimum quantity of 
                solid waste is not delivered within a required 
                timeframe, otherwise commonly known as a ``put or pay 
                agreement''.
                    ``(G) Adopted, pursuant to a State statute that 
                specifically described the method for designating by 
                solid waste management districts, a resolution of 
                preliminary designation that specifies criteria and 
                procedures for soliciting proposals to designate 
                facilities after having completed a public notice and 
                comment period.
                    ``(H) Adopted, pursuant to a State statute that 
                specifically described the method for designating by 
                solid waste management districts, a resolution of 
                intent to establish designation with a list of 
                facilities for which designation is intended.
            ``(2) Designation; designate.--The terms `designate', 
        `designated', `designation' or `designating' mean a requirement 
        of a State or qualified political subdivision, and the act of a 
        State or qualified political subdivision, to require that all 
        or any portion of the municipal solid waste that is generated 
        within the boundaries of the State or qualified political 
        subdivision be delivered to a waste management facility 
        identified by a State or qualified political subdivision, and 
        specifically includes put or pay agreements of the type 
        described in paragraph (1)(F).
            ``(3) Flow control authority.--The term `flow control 
        authority' means the authority to control the movement of solid 
        waste or recyclable materials and direct such waste or 
        recyclable materials to one or more designated waste management 
        facilities or facilities for recyclable materials.
            ``(4) Industrial solid waste.--The term `industrial solid 
        waste' means solid waste generated by manufacturing or 
        industrial processes, including waste generated during scrap 
        processing and scrap recycling, that is not hazardous waste 
        regulated under subtitle C. `Industrial solid waste' does not 
        include municipal solid waste specified in paragraph 
        (5)(A)(iii).
            ``(5) Municipal solid waste.--
                    ``(A) In general.--Subject to the limitations of 
                subsection (b)(3), the term `municipal solid waste' 
                means--
                            ``(i) any solid waste discarded by a 
                        household, including a single or multifamily 
                        residence;
                            ``(ii) any solid waste that is discarded by 
                        a commercial, institutional, or industrial 
                        source;
                            ``(iii) residue remaining after recyclable 
                        materials have been separated or diverted from 
                        municipal solid waste described in clause (i) 
                        or (ii);
                            ``(iv) any waste material or waste 
                        substance removed from a septic tank, septage 
                        pit, or cesspool, other than from portable 
                        toilets; and
                            ``(v) conditionally exempt small quantity 
                        generator waste under section 3001(d), if it is 
                        collected, processed or disposed with other 
                        municipal solid waste as part of municipal 
                        solid waste services.
                    ``(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)(v)), 
                        solid waste containing a polychlorinated 
                        biphenyl regulated under the Toxic Substances 
                        Control Act (15 U.S.C. 2601 et seq.), or 
                        medical waste listed in section 11002.
                            ``(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 unless such 
                        material or product is discarded or abandoned 
                        for collection, disposal or combustion.
                            ``(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 unless such material or product is 
                        discarded or abandoned for collection, disposal 
                        or combustion.
                            ``(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.
            ``(6) Qualified political subdivision.--The term `qualified 
        political subdivision' means a governmental entity or political 
        subdivision of a State, as authorized by the State, to plan 
        for, or determine the methods to be utilized for, the 
        collection, transportation, disposal or other management of 
        municipal solid waste generated within the boundaries of the 
        area served by the governmental entity or political 
        subdivision.
            ``(7) 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.
            ``(8) Solid waste management plan.--The term `solid waste 
        management plan' means a plan for the transportation, 
        treatment, processing, composting, combustion, disposal or 
        other management of municipal solid waste, adopted by a State 
        or qualified political subdivision pursuant to and conforming 
        with State law.
            ``(9) Waste management facility.--The term `waste 
        management facility' means any facility or facilities in which 
        municipal solid waste, incinerator ash from a solid waste 
        incineration unit, or construction debris or demolition debris 
        is separated, stored, transferred, treated, processed, 
        combusted, deposited or disposed.
            ``(10) Existing waste management facility.--The term 
        `existing waste management facility' means a facility under 
        construction or in operation as of May 15, 1994.
            ``(11) Proposed waste management facility.--The term 
        `proposed waste management facility' means a facility that has 
        been specifically identified and designated, but that was not 
        under construction, as of May 15, 1994.
            ``(12) Future waste management facility.--The term `future 
        waste management facility' means any other waste management 
        facility.''.

SEC. 203. TABLE OF CONTENTS AMENDMENT.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) (as amended by section 103) is further 
amended by adding after the item relating to section 4011 the following 
new item:

``Sec. 4012. Congressional authorization of State control over 
                            transportation, management and disposal of 
                            municipal solid waste.''.
    Amend the title so as to read: ``A bill to amend the Solid Waste 
Disposal Act to provide congressional authorization for restrictions on 
receipt of out-of-State municipal solid waste and for State control 
over transportation of municipal solid waste, and for other 
purposes.''.
            Attest:

                                                                 Clerk.
                                     

103d CONGRESS

  2d Session

                                S. 2345

_______________________________________________________________________

                               AMENDMENTS
```