S6722 CONGRESSIONAL RECORD — SENATE May 16, 1995

new waste stream from nearby counties which have not previously flow

controlled to the Harrisburg facility. It

would appear to me that the existence

of outstanding bonds and the unfunded

mandate on Harrisburg under the Clean

Air Act would justify the extension of

flow control authority to the counties

that would want to send waste to the

Harrisburg facility in the future.

Would the distinguished chairman be

willing to look closely at this issue as

this legislation goes forward?

Mr. SMITH. Mr. President, as the

Senator from Pennsylvania knows, this

legislation provides flow control authority which is predicated on meeting

debt obligations. The issuance of new

debt at a facility that has operated

since 1972 and that would require expanded flow control authority is not

one that the committee has had the opportunity to examine in any detail at

this time. I would be glad to work with

the Senator from Pennsylvania as the

bill goes forward and to determine

whether the Harrisburg facility is or

should be covered by this legislation.

Mr. SPECTER. I thank my colleague

from New Hampshire.

Mr. CHAFEE. Mr. President, I share

all of the views set forth by the distinguished Senator from Indiana. We have

all been struggling with this issue for

many years, nobody as hard as he has

and with more tenacity. As he indicated, we are this close. I think he said

we are in the bottom of the ninth. I

hope we complete the game, and I

know we will. Then, of course, comes

what the House does and then the conference with the House. But all of that

we will pursue with great vigor.

The PRESIDING OFFICER. Under

RECESS UNTIL 2:15 P.M.

fthe previous order, the hour of 12:30

having arrived, the Senate will stand

in recess until the hour of 2:15.

Thereupon, the Senate, at 12:34 p.m.,

recessed until 2:15 p.m.; whereupon, the

Senate reassembled when called to

order by the Presiding Officer (Mr.

G

INTERSTATE TRANSPORTATION OF

RAMS

MUNICIPAL SOLID WASTE ACT

).

fThe Senate continued with the consideration of the bill.

The PRESIDING OFFICER. Under

the previous order, the bill having been

read the third, the question is, Shall

the bill pass? The yeas and nays have

been ordered. The clerk will call the

roll.

The legislative clerk called the roll.

The result was announced—yeas 94,

nays 6, as follows:

[Rollcall Vote No. 169 Leg.]

YEAS—94

Abraham

Akaka

Ashcroft

Baucus

Bennett

Biden

Bingaman

Bond

Bradley

Breaux

Bryan

Bumpers

Burns

Byrd

Campbell

Chafee

Coats

Cochran

Cohen

Conrad

Coverdell

Craig

D’Amato

Daschle

DeWine

Dodd

Dole

Domenici

Dorgan

Exon

Faircloth

Feingold

Ford

Frist

Glenn

Graham

Gramm

Grams

Grassley

Gregg

Harkin

Hatch

Hatfield

Heflin

Helms

Hollings

Hutchison

Inhofe

Inouye

Jeffords

Johnston

Kassebaum

Kempthorne

Kennedy

Kerrey

Kerry

Kohl

Lautenberg

Leahy

Levin

Lieberman

Lott

Lugar

Mack

McCain

McConnell

Mikulski

Moseley-Braun

Moynihan

Murkowski

Nickles

Nunn

Packwood

Pell

Pressler

Pryor

Reid

Robb

Rockefeller

Roth

Santorum

Sarbanes

Shelby

Simon

Simpson

Smith

Snowe

Specter

Stevens

Thomas

Thompson

Thurmond

Warner

Wellstone

NAYS—6

Boxer

Brown

Feinstein

Gorton

Kyl

Murray

So the bill (S. 534), as amended, was

passed, as follows:

S. 534

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

Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Interstate

Transportation of Municipal Solid Waste Act

of 1995’’.

TITLE I—INTERSTATE WASTE

SEC. 101. INTERSTATE TRANSPORTATION OF MUNICIPAL SOLID WASTE.

(a) AMENDMENT.—Subtitle D of the Solid

Waste Disposal Act (42 U.S.C. 6941 et seq.) is

amended by adding at the end the following

new section:

‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF

MUNICIPAL SOLID WASTE.

‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE

MUNICIPAL SOLID WASTE.—(1) Except as provided in paragraph (4), immediately upon the

date of enactment of this section if requested

in writing by an affected local government, a

Governor may prohibit the disposal of outof-State municipal solid waste in any landfill or incinerator that is not covered by the

exceptions provided in subsection (b) and

that is subject to the jurisdiction of the Governor and the affected local government.

‘‘(2) Except as provided in paragraph (4),

immediately upon the date of publication of

the list required in paragraph (6)(C) and notwithstanding the absence of a request in

writing by the affected local government, a

Governor, in accordance with paragraph (5),

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 (b) that is

subject to the jurisdiction of the Governor,

to an annual amount equal to or greater

than the quantity of out-of-State municipal

solid waste received for disposal at such

landfill or incinerator during calendar year

1993.

‘‘(3)(A) Except as provided in paragraph (4),

any State that imported more than 750,000

tons of out-of-State municipal solid waste in

1993 may establish a limit under this paragraph on the amount of out-of-State municipal solid waste received for disposal at landfills and incinerators in the importing State

as follows:

‘‘(i) In calendar year 1996, 95 percent of the

amount exported to the State in calendar

year 1993.

‘‘(ii) In calendar years 1997 through 2002, 95

percent of the amount exported to the State

in the previous year.

‘‘(iii) In calendar year 2003, and each succeeding year, the limit shall be 65 percent of

the amount exported in 1993.

‘‘(iv) No exporting State shall be required

under this subparagraph to reduce its exports to any importing State below the proportionate amount established herein.

‘‘(B)(i) No State may export to landfills or

incinerators in any 1 State that are not covered by host community agreements or permits authorizing receipt of out-of-State municipal solid waste more than the following

amounts of municipal solid waste:

‘‘(I) In calendar year 1996, the greater of

1,400,000 tons or 90 percent of the amount exported to the State in calendar year 1993.

‘‘(II) In calendar year 1997, the greater of

1,300,000 tons or 90 percent of the amount exported to the State in calendar year 1996.

‘‘(III) In calendar year 1998, the greater of

1,200,000 tons or 90 percent of the amount exported to the State in calendar year 1997.

‘‘(IV) In calendar year 1999, the greater of

1,100,000 tons or 90 percent of the amount exported to the State in calendar year 1998.

‘‘(V) In calendar year 2000, 1,000,000 tons.

‘‘(VI) In calendar year 2001, 750,000 tons.

‘‘(VII) In calendar year 2002 or any calendar year thereafter, 550,000 tons.

‘‘(ii) The Governor of an importing State

may take action to restrict levels of imports

to reflect the appropriate level of out-ofState municipal solid waste imports if—

‘‘(I) the Governor of the importing State

has notified the Governor of the exporting

State and the Administrator, 12 months

prior to taking any such action, of the importing State’s intention to impose the requirements of this section;

‘‘(II) 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 taking any such action;

and

‘‘(III) the restrictions imposed by the Governor of the importing State are uniform at

all facilities and the Governor of the importing State may only apply subparagraph (A)

or (B) but not both.

‘‘(C) The authority provided by subparagraphs (A) and (B) shall apply for as long as

a State exceeds the permissible levels as determined by the Administrator under paragraph (6)(C).

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

authority granted under this section if such

action would result in the violation of, or

would otherwise be inconsistent with, the

terms of a host community agreement or a

permit issued from the State to receive outof-State municipal solid waste.

‘‘(B) Except as provided in paragraph (3), a

Governor may not exercise the authority

granted under this section in a manner that

would require any owner or operator of a

landfill or incinerator covered by the exceptions provided in subsection (b) 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.

‘‘(5) Any limitation imposed by a Governor

under paragraph (2) or (3)—

‘‘(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-ofState municipal solid waste on the basis of

place of origin and all such limitations shall
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6723

be applied to all States in violation of paragraph (3).

‘‘(6) ANNUAL STATE REPORT.—

‘‘(A) IN GENERAL.—Within 90 days after enactment of this section and on April 1 of

each year thereafter the owner or operator of

each landfill or incinerator receiving out-ofState 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 and State of origin of outof-State municipal solid waste received for

disposal during the preceding calendar year,

and the amount of waste that was received

pursuant to host community agreements or

permits authorizing receipt of out-of-State

municipal solid waste. Within 120 days after

enactment of this section and on May 1 of

each year thereafter each State shall publish

and make available to the Administrator,

the Governor of the State of origin and 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 calendar year.

‘‘(B) CONTENTS.—Each submission referred

to in this section shall be such as would result in criminal penalties in case of false or

misleading information. Such information

shall include the amount of waste received,

the State of origin, the identity of the generator, the date of the shipment, and the type

of out-of-State municipal solid waste. States

making submissions referred to in this section to the Administrator shall notice these

submissions for public review and comment

at the State level before submitting them to

the Administrator.

‘‘(C) LIST.—The Administrator shall publish a list of importing States and the out-ofState municipal solid waste received from

each State at landfills or incinerators not

covered by host community agreements or

permits authorizing receipt of out-of-State

municipal solid waste. The list for any calendar year shall be published by June 1 of

the following calendar year.

For purposes of developing the list required

in this section, the Administrator shall be

responsible for collating and publishing only

that information provided to the Administrator by States pursuant to this section.

The Administrator shall not be required to

gather additional data over and above that

provided by the States pursuant to this section, nor to verify data provided by the

States pursuant to this section, nor to arbitrate or otherwise entertain or resolve disputes between States or other parties concerning interstate movements of municipal

solid waste. Any actions by the Administrator under this section shall be final and

not subject to judicial review.

‘‘(D) SAVINGS PROVISION.—Nothing in this

subsection shall be construed to preempt any

State requirement that requires more frequent reporting of information.

‘‘(7) Any affected local government that intends to submit a request under paragraph

(1) or take formal action to enter into a host

community agreement after the date of enactment of this subsection shall, prior to

taking such action—

‘‘(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 taking such action;

‘‘(C) provide an opportunity for public

comment; and

‘‘(D) following notice and comment, take

formal action on any proposed request or action at a public meeting.

‘‘(8) Any owner or operator seeking a host

community agreement after the date of enactment of this subsection shall provide to

the affected local government the following

information, which shall be made available

to the public from the affected local government:

‘‘(A) A brief description of the planned facility, including a description of the facility

size, ultimate waste capacity, and anticipated monthly and yearly waste quantities

to be handled.

‘‘(B) A map of the facility site that indicates the location of the facility in relation

to the local road system and topographical

and hydrological features and any buffer

zones and facility units to be acquired by the

owner or operator of the facility.

‘‘(C) A description of the existing environmental conditions at the site, and any violations of applicable laws or regulations.

‘‘(D) A description of environmental controls to be utilized at the facility.

‘‘(E) A description of the 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) 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

and operator, the disposition of enforcement

proceedings taken with respect to the violations, and corrective measures taken as a result of the proceedings.

‘‘(H) 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.

‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1)

The authority to prohibit the disposal of

out-of-State municipal solid waste provided

under subsection (a)(1) shall not apply to

landfills and incinerators in operation on the

date of enactment of this section that—

‘‘(A) received during calendar year 1993

documented shipments of out-of-State municipal solid waste; and

‘‘(B)(i) in the case of landfills, are in compliance with all applicable Federal and State

laws and regulations relating to operation,

design and location standards, leachate collection, ground water monitoring, and financial assurance for closure and post-closure

and corrective action; or

‘‘(ii) in the case of incinerators, are in

compliance with the applicable requirements

of section 129 of the Clean Air Act (42 U.S.C.

7429) and applicable State laws and regulations relating to facility design and operations.

‘‘(2) A Governor may not prohibit the disposal of out-of-State municipal solid waste

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

compliance with applicable Federal and

State laws and regulations unless disposal of

municipal solid waste generated within the

State at such facilities is also prohibited.

‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUTOF-STATE MUNICIPAL SOLID WASTE.—(1) In

any case in which an affected local government is considering entering into, or has entered into, a host community agreement and

the disposal or incineration of out-of-State

municipal solid waste under such agreement

would preclude the use of municipal solid

waste management capacity described in

paragraph (2), the Governor of the State in

which the affected local government is located may prohibit the execution of such

host community agreement with respect to

that capacity.

‘‘(2) The municipal solid waste management capacity referred to in paragraph (1) is

that capacity—

‘‘(A) that is permitted under Federal or

State law;

‘‘(B) that is identified under the State

plan; and

‘‘(C) for which a legally binding commitment between the owner or operator and another party has been made for its use for disposal or incineration of municipal solid

waste generated within the region (identified

under section 4006(a)) in which the local government is located.

‘‘(d) COST RECOVERY SURCHARGE.—

‘‘(1) AUTHORITY.—A State described in

paragraph (2) may adopt a law and impose

and collect a cost recovery charge on the

processing or disposal of out-of-State municipal solid waste in the State in accordance

with this subsection.

‘‘(2) APPLICABILITY.—The authority to impose a cost recovery surcharge under this

subsection applies to any State that on or

before April 3, 1994, imposed and collected a

special fee on the processing or disposal of

out-of-State municipal solid waste pursuant

to a State law.

‘‘(3) LIMITATION.—No such State may impose or collect a cost recovery surcharge

from a facility on any out-of-State municipal solid waste that is being received at the

facility under 1 or more contracts entered

into after April 3, 1994, and before the date of

enactment of this section.

‘‘(4) 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 (6) and in no event may exceed $1.00 per ton of waste.

‘‘(5) 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 subdivision that incur costs for which

the surcharge is collected.

‘‘(6) CONDITIONS.—(A) Subject to subparagraphs (B) and (C), a State covered by this

subsection may impose and collect a cost recovery surcharge on the processing 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 processing 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 clause (i)

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 paid, recovered, or offset by any

other fee or tax paid to the State or its political subdivision or to the extent that the

amount of the surcharge is offset by voluntarily agreed payments to a State or its political subdivision in connection with the

generation, transportation, treatment, processing, 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).

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

‘‘(A) The term ‘costs’ means the costs incurred by the State for the implementation

of its laws governing the processing or disposal of municipal solid waste, limited to the

issuance of new permits and renewal of or

modification of permits, inspection and compliance monitoring, enforcement, and costs
S6724 CONGRESSIONAL RECORD — SENATE May 16, 1995

associated with technical assistance, data

management, and collection of fees.

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

alter its chemical, biological or physical

state, through processes such as thermal

treatment, bailing, composting, crushing,

shredding, separation, or compaction.

‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall be interpreted or construed—

‘‘(1) to have any effect on State law relating to contracts; or

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

local government to protect public health

and the environment through laws, regulations, and permits, including the authority

to limit the total amount of municipal solid

waste that landfill or incinerator owners or

operators within the jurisdiction of a State

may accept during a prescribed period: Provided That such limitations do not discriminate between in-State and out-of-State municipal solid waste, except to the extent authorized by this section.

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

‘‘(1)(A) The term ‘affected local government’, used with respect to a landfill or incinerator, means—

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

with responsibility to plan for municipal

solid waste management, a majority of the

members of which are elected officials, for

the area in which the facility is located or

proposed to be located; or

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

township, borough, county, or parish 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.

‘‘(B)(i) Within 90 days after the date of enactment of this section, a Governor may designate and publish notice of which entity

listed in clause (i) or (ii) of subparagraph (A)

shall serve as the affected local government

for actions taken under this section and

after publication of such notice.

‘‘(ii) If a Governor fails to make and publish notice of such a designation, the affected

local government shall be 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.

‘‘(C) For purposes of host community

agreements entered into before the date of

publication of the notice, the term means either a public body described in subparagraph

(A)(i) or the elected officials of any of the

public bodies described in subparagraph

(A)(ii).

‘‘(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 waste is also included.

‘‘(3) 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

inconsistent 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. Notwithstanding

any other provision of law, generators of municipal solid waste outside the United States

shall possess no greater right of access to

disposal facilities in a State than United

States generators of municipal solid waste

outside of that State.

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

means refuse (and refuse-derived fuel) generated by the general public or from a residential, commercial, institutional, or industrial source (or any combination thereof),

consisting of paper, wood, yard wastes, plastics, leather, rubber, or other combustible or

noncombustible materials such as metal or

glass (or any combination thereof). The term

‘municipal solid waste’ does not include—

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

textile, or other material that has been separated or diverted from municipal solid waste

(as otherwise defined in this paragraph) and

has been transported into a State for the

purpose of recycling or reclamation;

‘‘(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 in which the generator of the waste has an ownership interest;

‘‘(E) any solid waste generated incident to

the provision of service in interstate, intrastate, foreign, or overseas air transportation;

‘‘(F) any industrial waste that is not identical to municipal solid waste (as otherwise

defined in this paragraph) with respect to

the physical and chemical state of the industrial waste, and composition, including construction and demolition debris;

‘‘(G) any medical waste that is segregated

from or not mixed with municipal solid

waste (as otherwise defined in this paragraph); or

‘‘(H) any material or product returned

from a dispenser or distributor to the manufacturer for credit, evaluation, or possible

reuse.

‘‘(5) The term ‘compliance’ means a pattern or practice of adhering to and satisfying

standards and requirements promulgated by

the Federal or a State government for the

purpose of preventing significant harm to

human health and the environment. Actions

undertaken in accordance with compliance

schedules for remediation established by

Federal or State enforcement authorities

shall be considered compliance for purposes

of this section.

‘‘(6) The terms ‘specifically authorized’ and

‘specifically authorizes’ refer 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 outside the State.

‘‘(g) 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.’’.

(b) 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 at the end of the items

relating to subtitle D the following new

item:

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

SEC. 102. NEEDS DETERMINATION.

The Governor of a State may accept, deny

or modify an application for a municipal

solid waste management facility permit if—

(1) it is done in a manner that is not inconsistent with the provisions of this section;

(2) a State law enacted in 1990 and a regulation adopted by the governor in 1991 specifically requires the permit applicant to

demonstrate that there is a local or regional

need within the State for the facility; and

(3) the permit applicant fails to demonstrate that there is a local or regional

need within the State for the facility.

TITLE II—FLOW CONTROL

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Municipal

Solid Waste Flow Control Act of 1995’’.

SEC. 202. STATE AND LOCAL GOVERNMENT CONTROL OF MOVEMENT OF MUNICIPAL

SOLID WASTE AND RECYCLABLE MATERIAL.

Subtitle D of the Solid Waste Disposal Act

(42 U.S.C. 6941 et seq.), as amended by section

101, is amended by adding after section 4011

the following new section:

‘‘SEC. 4012. STATE AND LOCAL GOVERNMENT

CONTROL OF MOVEMENT OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIAL.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) DESIGNATE; DESIGNATION.—The terms

‘designate’ and ‘designation’ refer to an authorization by a State, political subdivision,

or public service authority, and the act of a

State, political subdivision, or public service

authority in requiring or contractually committing, that all or any portion of the municipal solid waste or recyclable material

that is generated within the boundaries of

the State, political subdivision, or public

service authority be delivered to waste management facilities or facilities for recyclable

material or a public service authority identified by the State, political subdivision, or

public service authority.

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

‘flow control authority’ means the authority

to control the movement of municipal solid

waste or voluntarily relinquished recyclable

material and direct such solid waste or voluntarily relinquished recyclable material to

a designated waste management facility or

facility for recyclable material.

‘‘(3) MUNICIPAL SOLID WASTE.—The term

‘municipal solid waste’ means—

‘‘(A) solid waste generated by the general

public or from a residential, commercial, institutional, or industrial source, consisting

of paper, wood, yard waste, plastics, leather,

rubber, and other combustible material and

noncombustible material such as metal and

glass, including residue remaining after recyclable material has been separated from

waste destined for disposal, and including

waste material removed from a septic tank,

septage pit, or cesspool (other than from

portable toilets); but

‘‘(B) does not include—

‘‘(i) waste identified or listed as a hazardous waste under section 3001 of this Act or

waste regulated under the Toxic Substances

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

‘‘(ii) 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, 9606) or any corrective action

taken under this Act;
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6725

‘‘(iii) medical waste listed in section 11002;

‘‘(iv) industrial waste generated by manufacturing or industrial processes, including

waste generated during scrap processing and

scrap recycling;

‘‘(v) recyclable material; or

‘‘(vi) sludge.

‘‘(4) PUBLIC SERVICE AUTHORITY.—The term

‘public service authority’ means—

‘‘(A) an authority or authorities created

pursuant to State legislation to provide individually or in combination solid waste management services to political subdivisions;

‘‘(B) other body created pursuant to State

law; or

‘‘(C) an authority that was issued a certificate of incorporation by a State corporation

commission established by a State constitution.

‘‘(5) PUT OR PAY AGREEMENT.—(A) The term

‘put or pay agreement’ means an agreement

that obligates or otherwise requires a State

or political subdivision to—

‘‘(i) deliver a minimum quantity of municipal solid waste to a waste management facility; and

‘‘(ii) pay for that minimum quantity of

municipal solid waste even if the stated minimum quantity of municipal solid waste is

not delivered within a required period of

time.

‘‘(B) For purposes of the authority conferred by subsections (b) and (c), the term

‘legally binding provision of the State or political subdivision’ includes a put or pay

agreement that designates waste to a waste

management facility that was in operation

on or before December 31, 1988 and that requires an aggregate tonnage to be delivered

to the facility during each operating year by

the political subdivisions which have entered

put or pay agreements designating that

waste management facility.

‘‘(C) The entering into of a put or pay

agreement shall be considered to be a designation (as defined in subsection (a)(1)) for

all purposes of this title.

‘‘(6) RECYCLABLE MATERIAL.—The term ‘recyclable material’ means material that has

been separated from waste otherwise destined for disposal (at the source of the waste

or at a processing facility) or has been managed separately from waste destined for disposal, for the purpose of recycling, reclamation, composting of organic material such as

food and yard waste, or reuse (other than for

the purpose of incineration).

‘‘(7) WASTE MANAGEMENT FACILITY.—The

term ‘waste management facility’ means a

facility that collects, separates, stores,

transports, transfers, treats, processes, combusts, or disposes of municipal solid waste.

‘‘(b) AUTHORITY.—

‘‘(1) IN GENERAL.—Each State, political

subdivision of a State, and public service authority may exercise flow control authority

for municipal solid waste and for recyclable

material voluntarily relinquished by the

owner or generator of the material that is

generated within its jurisdiction by directing

the municipal solid waste or recyclable material to a waste management facility or facility for recyclable material, if such flow

control authority—

‘‘(A)(i) had been exercised prior to May 15,

1994, and was being implemented on May 15,

1994, pursuant to a law, ordinance, regulation, or other legally binding provision of

the State or political subdivision; or

‘‘(ii) had been exercised prior to May 15,

1994, but implementation of such law, ordinance, regulation, or other legally binding

provision of the State or political subdivision was prevented by an injunction, temporary restraining order, or other court action, or was suspended by the voluntary decision of the State or political subdivision because of the existence of such court action;

‘‘(B) has been implemented by designating

before May 15, 1994, the particular waste

management facilities or public service authority to which the municipal solid waste

or recyclable material is to be delivered,

which facilities were in operation as of May

15, 1994, or were in operation prior to May 15,

1994 and were temporarily inoperative on

May 15, 1994.

‘‘(2) LIMITATION.—The authority of this

section extends only to the specific classes

or categories of municipal solid waste to

which flow control authority requiring a

movement to a waste management facility

was actually applied on or before May 15,

1994 (or, in the case of a State, political subdivision, or public service authority that

qualifies under subsection (c), to the specific

classes or categories of municipal solid

waste for which the State, political subdivision, or public service authority prior to

May 15, 1994, had committed to the designation of a waste management facility).

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

regard to facilities granted flow control authority under subsection (c), if the specific

classes or categories of municipal solid

waste are not clearly identified, the authority of this section shall apply only to municipal solid waste generated by households.

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

to each designated waste management facility, the authority of this section shall be effective until the later of—

‘‘(A) the end of the remaining life of a contract between the State, political subdivision, or public service authority and any

other person regarding the movement or delivery of municipal solid waste or voluntarily relinquished recyclable material to a

designated facility (as in effect May 15, 1994);

‘‘(B) completion of the schedule for payment of the capital costs of the facility concerned (as in effect May 15, 1994); or

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

the facility (as in existence on the date of

enactment of this section), as that remaining life may be extended by—

‘‘(i) retrofitting of equipment or the making of other significant modifications to

meet applicable environmental requirements

or safety requirements;

‘‘(ii) routine repair or scheduled replacement of equipment or components that does

not add to the capacity of a waste management facility; or

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

is—

‘‘(I) legally or equitably owned, or under

option to purchase or lease, by the owner or

operator of the facility; and

‘‘(II) covered by the permit for the facility

(as in effect May 15, 1994).

‘‘(5) ADDITIONAL AUTHORITY.—

‘‘(A) APPLICATION OF PARAGRAPH.—This

paragraph applies to a State or political subdivision of a State that, on or before January 1, 1984—

‘‘(i) adopted regulations under State law

that required the transportation to, and

management or disposal at, waste management facilities in the State, of—

‘‘(I) all solid waste from residential, commercial, institutional, or industrial sources

(as defined under State law); and

‘‘(II) recyclable material voluntarily relinquished by the owner or generator of the recyclable material; and

‘‘(ii) as of January 1, 1984, had implemented those regulations in the case of

every political subdivision of the State.

‘‘(B) AUTHORITY.—Notwithstanding anything to the contrary in this section (including subsection (m)), a State or political subdivision of a State described in subparagraph

(A) may continue to exercise flow control authority (including designation of waste management facilities in the State that meet the

requirements of subsection (c)) for all classes

and categories of solid waste that were subject to flow control on January 1, 1984.

‘‘(6) FLOW CONTROL ORDINANCE.—Notwithstanding anything to the contrary in this

section, but subject to subsection (m), any

political subdivision which adopted a flow

control ordinance in November 1991, and designated facilities to receive municipal solid

waste prior to April 1, 1992, may exercise

flow control authority until the end of the

remaining life of all contracts between the

political subdivision and any other persons

regarding the movement or delivery of municipal solid waste or voluntarily relinquished recyclable material to a designated

facility (as in effect May 15, 1994). Such authority shall extend only to the specific

classes or categories of municipal solid

waste to which flow control authority was

actually applied on or before May 15, 1994.

The authority under this subsection shall be

exercised in accordance with section

4012(b)(4).

‘‘(c) COMMITMENT TO CONSTRUCTION.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (b)(1) (A) and (B), any political subdivision of a State may exercise flow control

authority under subsection (b), if—

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

other legally binding provision specifically

provides for flow control authority for municipal solid waste generated within its

boundaries; and

‘‘(ii) such authority was exercised prior to

May 15, 1995, and was being implemented on

May 15, 1994.

‘‘(B) prior to May 15, 1994, the political subdivision committed to the designation of the

particular waste management facilities or

public service authority to which municipal

solid waste is to be transported or at which

municipal solid waste is to be disposed of

under that law, ordinance, regulation, plan,

or legally binding provision.

‘‘(2) FACTORS DEMONSTRATING COMMITMENT.—A commitment to the designation of

waste management facilities or public service authority is demonstrated by 1 or more

of the following factors:

‘‘(A) CONSTRUCTION PERMITS.—All permits

required for the substantial construction of

the facility were obtained prior to May 15,

1994.

‘‘(B) CONTRACTS.—All contracts for the

substantial construction of the facility were

in effect prior to May 15, 1994.

‘‘(C) REVENUE BONDS.—Prior to May 15,

1994, revenue bonds were presented for sale

to specifically provide revenue for the construction of the facility.

‘‘(D) CONSTRUCTION AND OPERATING PERMITS.—The State or political subdivision

submitted to the appropriate regulatory

agency or agencies, on or before May 15, 1994,

substantially complete permit applications

for the construction and operation of the facility.

‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT DISTRICT TO PURCHASE AND OPERATE

EXISTING FACILITY.—Notwithstanding subsection (b)(1) (A) and (B), a solid waste management district that was formed by a number of political subdivisions for the purpose

of purchasing and operating a facility owned

by 1 of the political subdivisions may exercise flow control authority under subsection

(b) if—

‘‘(1) the facility was fully licensed and in

operation prior to May 15, 1994;

‘‘(2) prior to April 1, 1994, substantial negotiations and preparation of documents for

the formation of the district and purchase of

the facility were completed;

‘‘(3) prior to May 15, 1994, at least 80 percent of the political subdivisions that were
S6726 CONGRESSIONAL RECORD — SENATE May 16, 1995

to participate in the solid waste management district had adopted ordinances committing the political subdivisions to participation and the remaining political subdivisions adopted such ordinances within 2

months after that date; and

‘‘(3) the financing was completed, the acquisition was made, and the facility was

placed under operation by the solid waste

management district by September 21, 1994.

‘‘(e) CONSTRUCTED AND OPERATED.—A political subdivision of a State may exercise flow

control authority for municipal solid waste

and for recyclable material voluntarily relinquished by the owner or generator of the

material that is generated within its jurisdiction if—

‘‘(1) prior to May 15, 1994, the political subdivision—

‘‘(A) contracted with a public service authority or with its operator to deliver or

cause to be delivered to the public service

authority substantially all of the disposable

municipal solid waste that is generated or

collected by or is within or under the control

of the political subdivision, in order to support revenue bonds issued by and in the

name of the public service authority or on

its behalf by a State entity for waste management facilities; or

‘‘(B) entered into contracts with a public

service authority or its operator to deliver

or cause to be delivered to the public service

authority substantially all of the disposable

municipal solid waste that is generated or

collected by or within the control of the political subdivision, which imposed flow control pursuant to a law, ordinance, regulation, or other legally binding provision and

where outstanding revenue bonds were issued

in the name of public service authorities for

waste management facilities; and

‘‘(2) prior to May 15, 1994, the public service

authority—

‘‘(A) issued the revenue bonds or had issued

on its behalf by a State entity for the construction of municipal solid waste facilities

to which the political subdivision’s municipal solid waste is transferred or disposed;

and

‘‘(B) commenced operation of the facilities.

The authority under this subsection shall be

exercised in accordance with section

4012(b)(4).

‘‘(f) STATE-MANDATED DISPOSAL SERVICES.—A political subdivision of a State may

exercise flow control authority for municipal

solid waste and for recyclable material voluntarily relinquished by the owner or generator of the material that is generated within

its jurisdiction if, prior to May 15, 1994, the

political subdivision—

‘‘(1) was responsible under State law for

providing for the operation of solid waste facilities to serve the disposal needs of all incorporated and unincorporated areas of the

county;

‘‘(2) is required to initiate a recyclable materials recycling program in order to meet a

municipal solid waste reduction goal of at

least 30 percent;

‘‘(3) has been authorized by State statute

to exercise flow control authority and had

implemented the authority through the

adoption or execution of a law, ordinance,

regulation, contract, or other legally binding

provision;

‘‘(4) had incurred, or caused a public service authority to incur, significant financial

expenditures to comply with State law and

to repay outstanding bonds that were issued

specifically for the construction of solid

waste management facilities to which the

political subdivision’s waste is to be delivered; and

‘‘(5) the authority under this subsection

shall be exercised in accordance with section

4012(b)(4).

‘‘(g) STATE SOLID WASTE DISTRICT AUTHORITY.—A solid waste district or a political

subdivision of a State may exercise flow control authority for municipal solid waste and

for recyclable material voluntarily relinquished by the owner or generator of the material that is generated within its jurisdiction if—

‘‘(1) the solid waste district, political subdivision or municipality within said district

is currently required to initiate a recyclable

materials recycling program in order to

meet a municipal solid waste reduction goal

of at least 30 percent by the year 2005, and

uses revenues generated by the exercise of

flow control authority strictly to implement

programs to manage municipal solid waste,

other than development of incineration; and

‘‘(2) prior to May 15, 1994, the solid waste

district, political subdivision or municipality within said district—

‘‘(A) was responsible under State law for

the management and regulation of the storage, collection, processing, and disposal of

solid wastes within its jurisdiction;

‘‘(B) was authorized by State statute (enacted prior to January 1, 1992) to exercise

flow control authority, and subsequently

adopted or sought to exercise the authority

through a law, ordinance, regulation, regulatory proceeding, contract, franchise, or

other legally binding provision; and

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

implement a solid waste management plan

consistent with the State solid waste management plan, and the district solid waste

management plan was approved by the appropriate State agency prior to September

15, 1994.

(h) STATE-AUTHORIZED SERVICES AND LOCAL

PLAN ADOPTION.—A political subdivision of a

State may exercise flow control authority

for municipal solid waste and for recyclable

material voluntarily relinquished by the

owner or generator of the material that is

generated within its jurisdiction if, prior to

May 15, 1994, the political subdivision—

(1) had been authorized by State statute

which specifically named the political subdivision to exercise flow control authority

and had implemented the authority through

a law, ordinance, regulation, contract, or

other legally binding provision; and

(2) had adopted a local solid waste management plan pursuant to State statute and was

required by State statute to adopt such plan

in order to submit a complete permit application to construct a new solid waste management facility proposed in such plan; and

(3) had presented for sale a revenue or general obligation bond to provide for the site

selection, permitting, or acquisition for construction of new facilities identified and proposed in its local solid waste management

plan; and

(4) includes a municipality or municipalities required by State law to adopt a local

law or ordinance to require that solid waste

which has been left for collection shall be

separated into recyclable, reusable or other

components for which economic markets

exist; and

(5) is in a State that has aggressively pursued closure of substandard municipal landfills, both by regulatory action and under

statute designed to protect deep flow recharge areas in counties where potable water

supplies are derived from sole source

aquifers.

‘‘(i) RETAINED AUTHORITY.—

‘‘(1) REQUEST.—On the request of a generator of municipal solid waste affected by this

section, a State or political subdivision may

authorize the diversion of all or a portion of

the solid waste generated by the generator

making the request to an alternative solid

waste treatment or disposal facility, if the

purpose of the request is to provide a higher

level of protection for human health and the

environment or reduce potential future liability of the generator under Federal or

State law for the management of such waste,

unless the State or political subdivision determines that the facility to which the municipal solid waste is proposed to be diverted

does not provide a higher level of protection

for human health and the environment or

does not reduce the potential future liability

of the generator under Federal or State law

for the management of such waste.

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

(1) 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.

‘‘(j) LIMITATIONS ON REVENUE.—A State or

political subdivision may exercise flow control authority under subsection (b), (c), (d),

or (e) only if the State or political subdivision certifies that the use of any of its revenues derived from the exercise of that authority will be used for solid waste management services or related landfill reclamation.

‘‘(k) REASONABLE REGULATION OF COMMERCE.—A law, ordinance, regulation, or

other legally binding provision or official act

of a State or political subdivision, as described in subsection (b), (c), (d), or (e), that

implements flow control authority in compliance with this section shall be considered

to be a reasonable regulation of commerce

retroactive to its date of enactment or effective date and shall not be considered to be an

undue burden on or otherwise considered as

impairing, restraining, or discriminating

against interstate commerce.

‘‘(l) EFFECT ON EXISTING LAWS AND CONTRACTS.—

‘‘(1) ENVIRONMENTAL LAWS.—Nothing in

this section shall be construed to have any

effect on any other law relating to the protection of human health and the environment or the management of municipal solid

waste or recyclable material.

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

shall be construed to authorize a political

subdivision of a State to exercise the flow

control authority granted by this section in

a manner that is inconsistent with State

law.

‘‘(3) OWNERSHIP OF RECYCLABLE MATERIAL.—

Nothing in this section—

‘‘(A) authorizes a State or political subdivision of a State to require a generator or

owner of recyclable material to transfer recyclable material to the State or political

subdivision; or

‘‘(B) prohibits a generator or owner of recyclable material from selling, purchasing,

accepting, conveying, or transporting recyclable material for the purpose of transformation or remanufacture into usable or

marketable material, unless the generator or

owner voluntarily made the recyclable material available to the State or political subdivision and relinquished any right to, or

ownership of, the recyclable material.

‘‘(m) REPEAL.—(1) Notwithstanding any

provision of this title, authority to flow control by directing municipal solid waste or recyclable materials to a waste management

facility shall terminate on the date that is 30

years after the date of enactment of this

Act.

‘‘(2) This section and the item relating to

this section in the table of contents for subtitle D of the Solid Waste Disposal Act are

repealed effective as of the date that is 30

years after the date of enactment of this

Act.

‘‘(n) TITLE NOT APPLICABLE TO LISTED FACILITIES.—Notwithstanding any other provision of this title, the authority to exercise
May 16, 1995 CONGRESSIONAL RECORD — SENATE S6727

flow control shall not apply to any facility

that—

‘‘(1) on the date of enactment of this Act,

is listed on the National Priorities List

under the Comprehensive Environmental,

Response, Compensation and Liability Act

(42 U.S.C. 9601 et seq.); or

‘‘(2) as of May 15, 1994, was the subject of a

pending proposal by the Administrator of the

Environmental Protection Agency to be listed on the National Priorities List.’’.

SEC. 203. TABLE OF CONTENTS AMENDMENT.

The table of contents for subtitle D in section 1001 of the Solid Waste Disposal Act (42

U.S.C. prec. 6901), as amended by section

101(b), is amended by adding after the item

relating to section 4011 the following new

item:

‘‘Sec. 4012. State and local government control of movement of municipal

solid waste and recyclable material.’’.

TITLE III—GROUND WATER MONITORING

SEC. 301. GROUND WATER MONITORING.

(a) AMENDMENT OF SOLID WASTE DISPOSAL

ACT.—Section 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended—

(1) by striking ‘‘CRITERIA.—Not later’’ and

inserting the following: ‘‘CRITERIA.—

‘‘(1) IN GENERAL.—Not later’’; and

(2) by adding at the end the following new

paragraph:

‘‘(2) ADDITIONAL REVISIONS.—Subject to

paragraph (2), the requirements of the criteria described in paragraph (1) relating to

ground water monitoring shall not apply to

an owner or operator of a new municipal

solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion of a municipal solid waste landfill

unit, that disposes of less than 20 tons of municipal solid waste daily, based on an annual

average, if—

‘‘(A) there is no evidence of ground water

contamination from the municipal solid

waste landfill unit or expansion; and

‘‘(B) the municipal solid waste landfill unit

or expansion serves—

‘‘(i) a community that experiences an annual interruption of at least 3 consecutive

months of surface transportation that prevents access to a regional waste management facility; or

‘‘(ii) a community that has no practicable

waste management alternative and the landfill unit is located in an area that annually

receives less than or equal to 25 inches of

precipitation.

‘‘(3) PROTECTION OF GROUND WATER RESOURCES.—

‘‘(A) MONITORING REQUIREMENT.—A State

may require ground water monitoring of a

solid waste landfill unit that would otherwise be exempt under paragraph (2) if necessary to protect ground water resources and

ensure compliance with a State ground

water protection plan, where applicable.

‘‘(B) METHODS.—If a State requires ground

water monitoring of a solid waste landfill

unit under subparagraph (A), the State may

allow the use of a method other than the use

of ground water monitoring wells to detect a

release of contamination from the unit.

‘‘(C) CORRECTIVE ACTION.—If a State finds a

release from a solid waste landfill unit, the

State shall require corrective action as appropriate.

‘‘(4) ALASKA NATIVE VILLAGES.—Upon certification by the Governor of the State of

Alaska that application of the requirements

of the criteria described in paragraph (1) to a

solid waste landfill unit of a Native village

(as defined in section 3 of the Alaska Native

Claims Settlement Act (16 U.S.C. 1602)) or

unit that is located in or near a small, remote Alaska village would be infeasible, or

would not be cost-effective, or is otherwise

inappropriate because of the remote location

of the unit, the State may exempt the unit

from some or all of those requirements. This

subsection shall apply only to solid waste

landfill units that dispose of less than 20

tons of municipal solid waste daily, based on

an annual average.

‘‘(5) NO-MIGRATION EXEMPTION.—

‘‘(A) IN GENERAL.—Ground water monitoring requirements may be suspended by the

Director of an approved State for a landfill

operator if the operator demonstrates that

there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the

unit and the post-closure care period.

‘‘(B) CERTIFICATION.—A demonstration

under subparagraph (A) shall—

‘‘(i) be certified by a qualified groundwater scientist and approved by the Director

of an approved State.

‘‘(C) GUIDANCE.—Not later than 6 months

after the date of enactment of this paragraph, the Administrator shall issue a guidance document to facilitate small community use of the no migration exemption

under this paragraph.

‘‘(6) FURTHER REVISIONS OF GUIDELINES AND

CRITERIA.—Not later than April 9, 1997, the

Administrator shall promulgate revisions to

the guidelines and criteria promulgated

under this subchapter to allow States to promulgate alternate design, operating, landfill

gas monitoring, financial assurance, and closure requirements for landfills which receive

20 tons or less of municipal solid waste per

day based on an annual average: Provided

That such alternate requirements are sufficient to protect human health and the environment.’’.

(b) REINSTATEMENT OF REGULATORY EXEMPTION.—It is the intent of section 4010(c)(2) of

the Solid Waste Disposal Act, as added by

subsection (a), to immediately reinstate subpart E of part 258 of title 40, Code of Federal

Regulations, as added by the final rule published at 56 Federal Register 50798 on October

9, 1991.

TITLE IV—STATE OR REGIONAL SOLID

WASTE PLANS

SEC. 401. FINDING.

Section 1002(a) of the Solid Waste Disposal

Act (42 U.S.C. 6901(a)) is amended—

(1) by striking the period at the end of

paragraph (4) and inserting ‘‘; and’’; and

(2) by adding at the end the following:

‘‘(5) that the Nation’s improved standard of

living has resulted in an increase in the

amount of solid waste generated per capita,

and the Nation has not given adequate consideration to solid waste reduction strategies.’’.

SEC. 402. OBJECTIVE OF SOLID WASTE DISPOSAL

ACT.

Section 1003(a) of the Solid Waste Disposal

Act (42 U.S.C. 6902(a)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (10);

(2) by striking the period at the end of

paragraph (11) and inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(12) promoting local and regional planning for—

‘‘(A) effective solid waste collection and

disposal; and

‘‘(B) reducing the amount of solid waste

generated per capita through the use of solid

waste reduction strategies.’’.

SEC. 403. NATIONAL POLICY.

Section 1003(b) of the Solid Waste Disposal

Act (42 U.S.C. 6902(b)) is amended by inserting ‘‘solid waste and’’ after ‘‘generation of’’.

SEC. 404. OBJECTIVE OF SUBTITLE D OF SOLID

WASTE DISPOSAL ACT.

Section 4001 of the Solid Waste Disposal

Act (42 U.S.C. 6941) is amended by inserting

‘‘promote local and regional planning for effective solid waste collection and disposal

and for reducing the amount of solid waste

generated per capita through the use of solid

waste reduction strategies, and’’ after ‘‘objectives of this subtitle are to’’.

SEC. 405. DISCRETIONARY STATE PLAN PROVISIONS.

Section 4003 of the Solid Waste Disposal

Act (42 U.S.C. 6943) is amended by adding at

the end the following:

‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING TO SOLID WASTE REDUCTION GOALS,

LOCAL AND REGIONAL PLANS, AND ISSUANCE

OF SOLID WASTE MANAGEMENT PERMITS.—Except as provided in section 4011(a)(4), a State

plan submitted under this subtitle may include, at the option of the State, provisions

for—

‘‘(1) establishment of a State per capita

solid waste reduction goal, consistent with

the goals and objectives of this subtitle; and

‘‘(2) establishment of a program that ensures that local and regional plans are consistent with State plans and are developed in

accordance with sections 4004, 4005, and

4006.’’.

SEC. 406. PROCEDURE FOR DEVELOPMENT AND

IMPLEMENTATION OF STATE PLANS.

Section 4006(b) of the Solid Waste Disposal

Act (42 U.S.C. 6946(b)) is amended by inserting ‘‘and discretionary plan provisions’’ after

‘‘minimum requirements’’.

TITLE V—GENERAL PROVISIONS

SEC. 501. BORDER STUDIES.

(a) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency.

(2) MAQUILADORA.—The term ‘‘maquiladora’’ means an industry located in Mexico

along the border between the United States

and Mexico.

(3) SOLID WASTE.—The term ‘‘solid waste’’

has the meaning provided the term under

section 1004(27) of the Solid Waste Disposal

Act (42 U.S.C. 6903(27)).

(b) IN GENERAL.—

(1) STUDY OF SOLID WASTE MANAGEMENT ISSUES ASSOCIATED WITH NORTH AMERICAN FREE

TRADE AGREEMENT.—As soon as practicable

after the date of enactment of this Act, the

Administrator is authorized to conduct a

study of solid waste management issues associated with increased border use resulting

from the implementation of the North American Free Trade Agreement.

(2) STUDY OF SOLID WASTE MANAGEMENT ISSUES ASSOCIATED WITH UNITED STATES-CANADA

FREE-TRADE AGREEMENT.—As soon as practicable after the date of enactment of this

Act, the Administrator may conduct a similar study focused on border traffic of solid

waste resulting from the implementation of

the United States-Canada Free-Trade Agreement, with respect to the border region between the United States and Canada.

(c) CONTENTS OF STUDY.—A study conducted under this section shall provide for

the following:

(1) A study of planning for solid waste

treatment, storage, and disposal capacity

(including additional landfill capacity) that

would be necessary to accommodate the generation of additional household, commercial,

and industrial wastes by an increased population along the border involved.

(2) A study of the relative impact on border

communities of a regional siting of solid

waste storage and disposal facilities.

(3) In the case of the study described in

subsection (b)(1), research concerning methods of tracking of the transportation of—

(A) materials from the United States to

maquiladoras; and

(B) waste from maquiladoras to a final destination.

(4) In the case of the study described in

subsection (b)(1), a determination of the need
S6728 CONGRESSIONAL RECORD — SENATE May 16, 1995

for solid waste materials safety training for

workers in Mexico and the United States

within the 100-mile zone specified in the

First Stage Implementation Plan Report for

1992–1994 of the Integrated Environmental

Plan for the Mexico-United States Border, issued by the Administrator in February 1992.

(5) A review of the adequacy of existing

emergency response networks in the border

region involved, including the adequacy of

training, equipment, and personnel.

(6) An analysis of solid waste management

practices in the border region involved, including an examination of methods for promoting source reduction, recycling, and

other alternatives to landfills.

(d) SOURCES OF INFORMATION.—In conducting a study under this section, the Administrator shall, to the extent allowable by law,

solicit, collect, and use the following information:

(1) A demographic profile of border lands

based on census data prepared by the Bureau

of the Census of the Department of Commerce and, in the case of the study described

in subsection (b)(1), census data prepared by

the Government of Mexico.

(2) In the case of the study described in

subsection (b)(1), information from the United States Customs Service of the Department of the Treasury concerning solid waste

transported across the border between the

United States and Mexico, and the method of

transportation of the waste.

(3) In the case of the study described in

subsection (b)(1), information concerning the

type and volume of materials used in

maquiladoras.

(4)(A) Immigration data prepared by the

Immigration and Naturalization Service of

the Department of Justice.

(B) In the case of the study described in

subsection (b)(1), immigration data prepared

by the Government of Mexico.

(5) Information relating to the infrastructure of border land, including an accounting

of the number of landfills, wastewater treatment systems, and solid waste treatment,

storage, and disposal facilities.

(6) A listing of each site in the border region involved where solid waste is treated,

stored, or disposed of.

(7) In the case of the study described in

subsection (b)(1), a profile of the industries

in the region of the border between the United States and Mexico.

(e) CONSULTATION AND COOPERATION.—In

carrying out this section, the Administrator

shall consult with the following entities in

reviewing study activities:

(1) With respect to reviewing the study described in subsection (b)(1), States and political subdivisions of States (including municipalities and counties) in the region of the

border between the United States and Mexico.

(2) The heads of other Federal agencies (including the Secretary of the Interior, the

Secretary of Housing, the Secretary of

Health and Human Services, the Secretary of

Transportation, and the Secretary of Commerce) and with respect to reviewing the

study described in subsection (b)(1), equivalent officials of the Government of Mexico.

(f) REPORTS TO CONGRESS.—On completion

of the studies under this section, the Administrator shall, not later than 2 years after

the date of enactment of this Act, submit to

the appropriate committees of Congress reports that summarize the findings of the

studies and propose methods by which solid

waste border traffic may be tracked, from

source to destination, on an annual basis.

(g) BORDER STUDY DELAY.—The conduct of

the study described in subsection (b)(2) shall

not delay or otherwise affect completion of

the study described in subsection (b)(1).

(h) FUNDING.—If any funding needed to conduct the studies required by this section is

not otherwise available, the President may

transfer to the Administrator, for use in conducting the studies, any funds that have

been appropriated to the President under

section 533 of the North American Free

Trade Agreement Implementation Act (19

U.S.C. 3473) that are in excess of the amount

needed to carry out that section. States that

wish to participate in study will be asked to

contribute to the costs of the study. The

terms of the cost share shall be negotiated

between the Environmental Protection

Agency and the State.’’.

SEC. 502. STUDY OF INTERSTATE HAZARDOUS

WASTE TRANSPORT.

(a) DEFINITION OF HAZARDOUS WASTE.—In

this section, the term ‘‘hazardous waste’’ has

the meaning provided in section 1004 of the

Solid Waste Disposal Act (42 U.S.C. 6903).

(b) STUDY.—Not later than 3 years after the

date of enactment of this Act, the Administrator of the Environmental Protection

Agency shall conduct a study, and report to

Congress on the results of the study, to determine—

(1) the quantity of hazardous waste that is

being transported across State lines; and

(2) the ultimate disposition of the transported waste.

SEC. 503. STUDY OF INTERSTATE SLUDGE TRANSPORT.

(a) DEFINITIONS.—In this section:

(1) SEWAGE SLUDGE.—The term ‘‘sewage

sludge’’—

(A) means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works; and

(B) includes—

(i) domestic septage;

(ii) scum or a solid removed in a primary,

secondary, or advanced wastewater treatment process; and

(iii) material derived from sewage sludge

(as otherwise defined in this paragraph); but

(C) does not include—

(i) ash generated during the firing of sewage sludge (as otherwise defined in this paragraph) in a sewage sludge incinerator; or

(ii) grit or screenings generated during preliminary treatment of domestic sewage in a

treatment works.

(2) SLUDGE.—The term ‘‘sludge’’ has the

meaning provided in section 1004 of the Solid

Waste Disposal Act (42 U.S.C. 6903).

(b) STUDY.—Not later than 3 years after the

date of enactment of this Act, the Administrator of the Environmental Protection

Agency shall conduct a study, and report to

Congress on the results of the study, to determine—

(1) the quantity of sludge (including sewage sludge) that is being transported across

State lines; and

(2) the ultimate disposition of the transported sludge.

Mr. DOLE. Mr. President, I move to

reconsider the vote and to lay that motion on the table.

The motion to lay on the table was

agreed to.

ALASKA POWER ADMINISTRATION

ASSET SALE AND TERMINATION

fACT

The PRESIDING OFFICER. The Senate will now resume the pending business, S. 395, which the clerk will report.

A bill (S. 395) to authorize and direct the

Secretary of Energy to sell the Alaska Power

Marketing Administration, and for other

purposes.

The Senate resumed consideration of

the bill.

Pending:

Murkowski amendment No. 1078, to authorize exports of Alaskan North Slope crude

oil.

Mr. MURKOWSKI addressed the

Chair.

The PRESIDING OFFICER. The Senator from Alaska is recognized.

Mr. MURKOWSKI. Mr. President, I

appreciate the Chair calling up the

pending legislation. I have been in conversations with the Senator from

Washington with regard to concerns

that she has expressed, and I am told

that there are some amendments that

the Senator from Washington is interested in pursuing. I have not had an opportunity to review the amendments,

but I intend to take this opportunity as

soon as possible and have our staffs attempt to resolve the concerns of the

Senator from Washington, and it would

be my intent to attempt to do this

with dispatch.

Mr. President, currently the staffs

are pursuing an evaluation. I want to

ask the Chair the pending business before the Senate.

The PRESIDING OFFICER. The

pending business is S. 395 and the Senator’s amendment No. 1078.

Mr. MURKOWSKI. Have the yeas and

nays been ordered?

The PRESIDING OFFICER. Not on

the amendment.

Mr. MURKOWSKI. I thank the Chair.

I wonder if the Senator from Washington would entertain, for a moment, an

opportunity, so that we may try to accommodate the amendments, and if

there is any objection if I suggest the

absence of a quorum, and after we have

had a chance to talk, ask that the

quorum call be rescinded so that we

may move into the bill.

I think there is one other Senator

who is coming who wishes to speak

with regard to an amendment that is

pending on our side. I do not see that

Senator here at this time. So rather

than to take up this time that could be

used in negotiating the amendments of

the Senator from Washington, if there

is no objection, I will suggest the absence of a quorum.

Mrs. MURRAY. I will not object. I

want it to be noted that there are several Senators I need to check with, but

we can go ahead and go into a quorum

call and discuss this.

Mr. MURKOWSKI. I suggest the absence of a quorum.

The PRESIDING OFFICER. The

clerk will call the roll.

The legislative clerk proceeded to

call the roll.

Mr. DEWINE. Mr. President, I ask

unanimous consent that the order for

the quorum call be rescinded.

The PRESIDING OFFICER. Without

objection, it is so ordered.

Mr. DEWINE. Mr. President, I further

ask unanimous consent that I be able

to proceed as in morning business.

The PRESIDING OFFICER. Without

objection, it is so ordered. The Senator

may proceed.