I

105TH CONGRESS

1ST SESSION H. R. 942

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1997

Mr. FRANKS of New Jersey (for himself, Mrs. ROUKEMA, and Mr.

FRELINGHUYSEN) introduced the following bill; which was referred to the

Committee on Commerce

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—INTERSTATE WASTE

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Interstate Transpor6 tation of Municipal Solid Waste Act of 1997’’.
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1 SEC. 102. INTERSTATE TRANSPORTATION OF MUNICIPAL

2 SOLID WASTE.

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

4 Disposal Act (42 U.S.C. 6941 et seq.) is amended by add5 ing after section 4010 the following new section:

6 ‘‘SEC. 4011. INTERSTATE TRANSPORTATION OF MUNICIPAL

7 SOLID WASTE.

8 ‘‘(a) AUTHORITY TO RESTRICT OUT-OF-STATE MU9 NICIPAL SOLID WASTE.—(1) Except as provided in para10 graph (4), immediately upon the date of enactment of this

11 section if requested in writing by an affected local govern12 ment, a Governor may prohibit the disposal of out-of-State

13 municipal solid waste in any landfill or incinerator that

14 is not covered by the exceptions provided in subsection (b)

15 and that is subject to the jurisdiction of the Governor and

16 the affected local government.

17 ‘‘(2) Except as provided in paragraph (4), imme18 diately upon the date of publication of the list required

19 in paragraph (6)(C) and notwithstanding the absence of

20 a request in writing by the affected local government, a

21 Governor, in accordance with paragraph (5), may limit the

22 quantity of out-of-State municipal solid waste received for

23 disposal at each landfill or incinerator covered by the ex24 ceptions provided in subsection (b) that is subject to the

25 jurisdiction of the Governor, to an annual amount equal

26 to or greater than the quantity of out-of-State municipal
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1 solid waste received for disposal at such landfill or inciner2 ator during calendar year 1993.

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

4 State that imported more than 750,000 tons of out-of5 State municipal solid waste in 1993 may establish a limit

6 under this paragraph on the amount of out-of-State mu7 nicipal solid waste received for disposal at landfills and

8 incinerators in the importing State as follows:

9 ‘‘(i) In calendar year 1998, 95 percent of the

10 amount exported to the State in calendar year 1993.

11 ‘‘(ii) In calendar years 1999 through 2004, 95

12 percent of the amount exported to the State in the

13 previous year.

14 ‘‘(iii) In calendar year 2005, and each succeed15 ing year, the limit shall be 65 percent of the amount

16 exported in 1993.

17 ‘‘(iv) No exporting State shall be required

18 under this subparagraph to reduce its exports to any

19 importing State below the proportionate amount es20 tablished herein.

21 ‘‘(B)(i) No State may export to landfills or inciner22 ators in any 1 State that are not covered by host commu23 nity agreements or permits authorizing receipt of out-of24 State municipal solid waste more than the following

25 amounts of municipal solid waste:
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1 ‘‘(I) In calendar year 1998, the greater of

2 1,400,000 tons or 90 percent of the amount ex3 ported to the State in calendar year 1993.

4 ‘‘(II) In calendar year 1999, the greater of

5 1,300,000 tons or 90 percent of the amount ex6 ported to the State in calendar year 1998.

7 ‘‘(III) In calendar year 2000, the greater of

8 1,200,000 tons or 90 percent of the amount ex9 ported to the State in calendar year 1999.

10 ‘‘(IV) In calendar year 2001, the greater of

11 1,100,000 tons or 90 percent of the amount ex12 ported to the State in calendar year 2000.

13 ‘‘(V) In calendar year 2002, 1,000,000 tons.

14 ‘‘(VI) In calendar year 2003, 750,000 tons.

15 ‘‘(VII) In calendar year 2004 or any calendar

16 year thereafter, 550,000 tons.

17 ‘‘(ii) The Governor of an importing State may take

18 action to restrict levels of imports to reflect the appro19 priate level of out-of-State municipal solid waste imports

20 if—

21 ‘‘(I) the Governor of the importing State has

22 notified the Governor of the exporting State and the

23 Administrator, 12 months prior to taking any such

24 action, of the importing State’s intention to impose

25 the requirements of this section;
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1 ‘‘(II) the Governor of the importing State has

2 notified the Governor of the exporting State and the

3 Administrator of the violation by the exporting State

4 of this section at least 90 days prior to taking any

5 such action; and

6 ‘‘(III) the restrictions imposed by the Governor

7 of the importing State are uniform at all facilities

8 and the Governor of the importing State may only

9 apply subparagraph (A) or (B) but not both.

10 ‘‘(C) The authority provided by subparagraphs (A)

11 and (B) shall apply for as long as a State exceeds the

12 permissible levels as determined by the Administrator

13 under paragraph (6)(C).

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

15 granted under this section if such action would result in

16 the violation of, or would otherwise be inconsistent with,

17 the terms of a host community agreement or a permit is18 sued from the State to receive out-of-State municipal solid

19 waste.

20 ‘‘(B) Except as provided in paragraph (3), a Gov21 ernor may not exercise the authority granted under this

22 section in a manner that would require any owner or oper23 ator of a landfill or incinerator covered by the exceptions

24 provided in subsection (b) to reduce the amount of out25 of-State municipal solid waste received from any State for
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1 disposal at such landfill or incinerator to an annual quan2 tity less than the amount received from such State for dis3 posal at such landfill or incinerator during calendar year

4 1993.

5 ‘‘(5) Any limitation imposed by a Governor under

6 paragraph (2) or (3)—

7 ‘‘(A) shall be applicable throughout the State;

8 ‘‘(B) shall not directly or indirectly discriminate

9 against any particular landfill or incinerator within

10 the State; and

11 ‘‘(C) shall not directly or indirectly discriminate

12 against any shipments of out-of-State municipal

13 solid waste on the basis of place of origin and all

14 such limitations shall be applied to all States in vio15 lation of paragraph (3).

16 ‘‘(6) ANNUAL STATE REPORT.—

17 ‘‘(A) IN GENERAL.—Within 90 days after en18 actment of this section and on April 1 of each year

19 thereafter the owner or operator of each landfill or

20 incinerator receiving out-of-State municipal solid

21 waste shall submit to the affected local government

22 and to the Governor of the State in which the land23 fill or incinerator is located, information specifying

24 the amount and State of origin of out-of-State mu25 nicipal solid waste received for disposal during the
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1 preceding calendar year, and the amount of waste

2 that was received pursuant to host community

3 agreements or permits authorizing receipt of out-of4 State municipal solid waste. Within 120 days after

5 enactment of this section and on May 1 of each year

6 thereafter each State shall publish and make avail7 able to the Administrator, the Governor of the State

8 of origin and the public, a report containing infor9 mation on the amount of out-of-State municipal

10 solid waste received for disposal in the State during

11 the preceding calendar year.

12 ‘‘(B) CONTENTS.—Each submission referred to

13 in this section shall be such as would result in crimi14 nal penalties in case of false or misleading informa15 tion. Such information shall include the amount of

16 waste received, the State of origin, the identity of

17 the generator, the date of the shipment, and the

18 type of out-of-State municipal solid waste. States

19 making submissions referred to in this section to the

20 Administrator shall notice these submissions for

21 public review and comment at the State level before

22 submitting them to the Administrator.

23 ‘‘(C) LIST.—The Administrator shall publish a

24 list of importing States and the out-of-State munici25 pal solid waste received from each State at landfills
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1 or incinerators not covered by host community

2 agreements or permits authorizing receipt of out-of3 State municipal solid waste. The list for any cal4 endar year shall be published by June 1 of the fol5 lowing calendar year.

6 For purposes of developing the list required in this section,

7 the Administrator shall be responsible for collating and

8 publishing only that information provided to the Adminis9 trator by States pursuant to this section. The Adminis10 trator shall not be required to gather additional data over

11 and above that provided by the States pursuant to this

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

13 to this section, nor to arbitrate or otherwise entertain or

14 resolve disputes between States or other parties concern15 ing interstate movements of municipal solid waste. Any

16 actions by the Administrator under this section shall be

17 final and not subject to judicial review.

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

19 subsection shall be construed to preempt any State

20 requirement that requires more frequent reporting of

21 information.

22 ‘‘(7) Any affected local government that intends to

23 submit a request under paragraph (1) or take formal ac24 tion to enter into a host community agreement after the
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1 date of enactment of this subsection shall, prior to taking

2 such action—

3 ‘‘(A) notify the Governor, contiguous local gov4 ernments, and any contiguous Indian tribes;

5 ‘‘(B) publish notice of the action in a news6 paper of general circulation at least 30 days before

7 taking such action;

8 ‘‘(C) provide an opportunity for public com9 ment; and

10 ‘‘(D) following notice and comment, take formal

11 action on any proposed request or action at a public

12 meeting.

13 ‘‘(8) Any owner or operator seeking a host commu14 nity agreement after the date of enactment of this sub15 section shall provide to the affected local government the

16 following information, which shall be made available to the

17 public from the affected local government:

18 ‘‘(A) A brief description of the planned facility,

19 including a description of the facility size, ultimate

20 waste capacity, and anticipated monthly and yearly

21 waste quantities to be handled.

22 ‘‘(B) A map of the facility site that indicates

23 the location of the facility in relation to the local
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1 road system and topographical and hydrological fea2 tures and any buffer zones and facility units to be

3 acquired by the owner or operator of the facility.

4 ‘‘(C) A description of the existing environ5 mental conditions at the site, and any violations of

6 applicable laws or regulations.

7 ‘‘(D) A description of environmental controls to

8 be utilized at the facility.

9 ‘‘(E) A description of the site access controls to

10 be employed, and roadway improvements to be

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

12 of the timing and extent of increased local truck

13 traffic.

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

15 local permits.

16 ‘‘(G) Any information that is required by State

17 or Federal law to be provided with respect to any

18 violations of environmental laws (including regula19 tions) by the owner and operator, the disposition of

20 enforcement proceedings taken with respect to the

21 violations, and corrective measures taken as a result

22 of the proceedings.
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1 ‘‘(H) Any information that is required by State

2 or Federal law to be provided with respect to compli3 ance by the owner or operator with the State solid

4 waste management plan.

5 ‘‘(b) EXCEPTIONS TO AUTHORITY TO PROHIBIT

6 OUT-OF-STATE MUNICIPAL SOLID WASTE.—(1) The au7 thority to prohibit the disposal of out-of-State municipal

8 solid waste provided under subsection (a)(1) shall not

9 apply to landfills and incinerators in operation on the date

10 of enactment of this section that—

11 ‘‘(A) received during calendar year 1993 docu12 mented shipments of out-of-State municipal solid

13 waste; and

14 ‘‘(B)(i) in the case of landfills, are in compli15 ance with all applicable Federal and State laws and

16 regulations relating to operation, design and location

17 standards, leachate collection, ground water monitor18 ing, and financial assurance for closure and post-clo19 sure and corrective action; or

20 ‘‘(ii) in the case of incinerators, are in compli21 ance with the applicable requirements of section 129

22 of the Clean Air Act (42 U.S.C. 7429) and applica23 ble State laws and regulations relating to facility de24 sign and operations.
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1 ‘‘(2) A Governor may not prohibit the disposal of out2 of-State municipal solid waste pursuant to subsection

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

4 in compliance with applicable Federal and State laws and

5 regulations unless disposal of municipal solid waste gen6 erated within the State at such facilities is also prohibited.

7 ‘‘(c) ADDITIONAL AUTHORITY TO LIMIT OUT-OF8 STATE MUNICIPAL SOLID WASTE.—(1) In any case in

9 which an affected local government is considering entering

10 into, or has entered into, a host community agreement and

11 the disposal or incineration of out-of-State municipal solid

12 waste under such agreement would preclude the use of

13 municipal solid waste management capacity described in

14 paragraph (2), the Governor of the State in which the af15 fected local government is located may prohibit the execu16 tion of such host community agreement with respect to

17 that capacity.

18 ‘‘(2) The municipal solid waste management capacity

19 referred to in paragraph (1) is that capacity—

20 ‘‘(A) that is permitted under Federal or State

21 law;

22 ‘‘(B) that is identified under the State plan;

23 and

24 ‘‘(C) for which a legally binding commitment

25 between the owner or operator and another party
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1 has been made for its use for disposal or inciner2 ation of municipal solid waste generated within the

3 region (identified under section 4006(a)) in which

4 the local government is located.

5 ‘‘(d) COST RECOVERY SURCHARGE.—

6 ‘‘(1) AUTHORITY.—A State described in para7 graph (2) may adopt a law and impose and collect

8 a cost recovery charge on the processing or disposal

9 of out-of-State municipal solid waste in the State in

10 accordance with this subsection.

11 ‘‘(2) APPLICABILITY.—The authority to impose

12 a cost recovery surcharge under this subsection ap13 plies to any State that on or before April 3, 1994,

14 imposed and collected a special fee on the processing

15 or disposal of out-of-State municipal solid waste pur16 suant to a State law.

17 ‘‘(3) LIMITATION.—No such State may impose

18 or collect a cost recovery surcharge from a facility

19 on any out-of-State municipal solid waste that is

20 being received at the facility under 1 or more con21 tracts entered into after April 3, 1994, and before

22 the date of enactment of this section.

23 ‘‘(4) AMOUNT OF SURCHARGE.—The amount of

24 the cost recovery surcharge may be no greater than
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1 the amount necessary to recover those costs deter2 mined in conformance with paragraph (6) and in no

3 event may exceed $1.00 per ton of waste.

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

5 cost recovery surcharges collected by a State covered

6 by this subsection shall be used to fund those solid

7 waste management programs administered by the

8 State or its political subdivision that incur costs for

9 which the surcharge is collected.

10 ‘‘(6) CONDITIONS.—(A) Subject to subpara11 graphs (B) and (C), a State covered by this sub12 section may impose and collect a cost recovery sur13 charge on the processing or disposal within the State

14 of out-of-State municipal solid waste if—

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

16 State arising from the processing or disposal

17 within the State of a volume of municipal solid

18 waste from a source outside the State;

19 ‘‘(ii) the surcharge is based on those costs

20 to the State demonstrated under clause (i) that,

21 if not paid for through the surcharge, would

22 otherwise have to be paid or subsidized by the

23 State; and

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

25 not discriminatory.
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1 ‘‘(B) In no event shall a cost recovery surcharge

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

3 which recovery is sought is otherwise paid, recov4 ered, or offset by any other fee or tax paid to the

5 State or its political subdivision or to the extent that

6 the amount of the surcharge is offset by voluntarily

7 agreed payments to a State or its political subdivi8 sion in connection with the generation, transpor9 tation, treatment, processing, or disposal of solid

10 waste.

11 ‘‘(C) The grant of a subsidy by a State with re12 spect to entities disposing of waste generated within

13 the State does not constitute discrimination for pur14 poses of subparagraph (A)(iii).

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

16 ‘‘(A) The term ‘costs’ means the costs in17 curred by the State for the implementation of

18 its laws governing the processing or disposal of

19 municipal solid waste, limited to the issuance of

20 new permits and renewal of or modification of

21 permits, inspection and compliance monitoring,

22 enforcement, and costs associated with technical

23 assistance, data management, and collection of

24 fees.
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1 ‘‘(B) The term ‘processing’ means any ac2 tivity to reduce the volume of solid waste or

3 alter its chemical, biological or physical state,

4 through processes such as thermal treatment,

5 bailing, composting, crushing, shredding, sepa6 ration, or compaction.

7 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall

8 be interpreted or construed—

9 ‘‘(1) to have any effect on State law relating to

10 contracts; or

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

12 government to protect public health and the environ13 ment through laws, regulations, and permits, includ14 ing the authority to limit the total amount of munic15 ipal solid waste that landfill or incinerator owners or

16 operators within the jurisdiction of a State may ac17 cept during a prescribed period: Provided, That such

18 limitations do not discriminate between in-State and

19 out-of-State municipal solid waste, except to the ex20 tent authorized by this section.

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

22 ‘‘(1)(A) The term ‘affected local government’,

23 used with respect to a landfill or incinerator,

24 means—
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1 ‘‘(i) the public body created by State law

2 with responsibility to plan for municipal solid

3 waste management, a majority of the members

4 of which are elected officials, for the area in

5 which the facility is located or proposed to be

6 located; or

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

8 township, borough, county, or parish exercising

9 primary responsibility over municipal solid

10 waste management or the use of land in the ju11 risdiction in which the facility is located or is

12 proposed to be located.

13 ‘‘(B)(i) Within 90 days after the date of enact14 ment of this section, a Governor may designate and

15 publish notice of which entity listed in clause (i) or

16 (ii) of subparagraph (A) shall serve as the affected

17 local government for actions taken under this section

18 and after publication of such notice.

19 ‘‘(ii) If a Governor fails to make and publish

20 notice of such a designation, the affected local gov21 ernment shall be the elected officials of the city,

22 town, township, borough, county, parish, or other

23 public body created pursuant to State law with pri24 mary jurisdiction over the land or the use of land on
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1 which the facility is located or is proposed to be lo2 cated.

3 ‘‘(C) For purposes of host community agree4 ments entered into before the date of publication of

5 the notice, the term means either a public body de6 scribed in subparagraph (A)(i) or the elected offi7 cials of any of the public bodies described in sub8 paragraph (A)(ii).

9 ‘‘(2) HOST COMMUNITY AGREEMENT.—The

10 term ‘host community agreement’ means a written,

11 legally binding document or documents executed by

12 duly authorized officials of the affected local govern13 ment that specifically authorizes a landfill or inciner14 ator to receive municipal solid waste generated out

15 of State, but does not include any agreement to pay

16 host community fees for receipt of waste unless ad17 ditional express authorization to receive out-of-State

18 waste is also included.

19 ‘‘(3) The term ‘out-of-State municipal solid

20 waste’ means, with respect to any State, municipal

21 solid waste generated outside of the State. Unless

22 the President determines it is inconsistent with the

23 North American Free Trade Agreement and the

24 General Agreement on Tariffs and Trade, the term

25 shall include municipal solid waste generated outside
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1 of the United States. Notwithstanding any other

2 provision of law, generators of municipal solid waste

3 outside the United States shall possess no greater

4 right of access to disposal facilities in a State than

5 United States generators of municipal solid waste

6 outside of that State.

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

8 refuse (and refuse-derived fuel) generated by the

9 general public or from a residential, commercial, in10 stitutional, or industrial source (or any combination

11 thereof), consisting of paper, wood, yard wastes,

12 plastics, leather, rubber, or other combustible or

13 noncombustible materials such as metal or glass (or

14 any combination thereof). The term ‘municipal solid

15 waste’ does not include—

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

17 a hazardous waste under section 3001;

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

20 action taken under section 104 or 106 of the

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

23 9604 or 9606) or a corrective action taken

24 under this Act;
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1 ‘‘(C) any metal, pipe, glass, plastic, paper,

2 textile, or other material that has been sepa3 rated or diverted from municipal solid waste (as

4 otherwise defined in this paragraph) and has

5 been transported into a State for the purpose of

6 recycling or reclamation;

7 ‘‘(D) any solid waste that is—

8 ‘‘(i) generated by an industrial facil9 ity; and

10 ‘‘(ii) transported for the purpose of

11 treatment, storage, or disposal to a facility

12 that is owned or operated by the generator

13 of the waste, or is located on property

14 owned by the generator of the waste, or is

15 located on property owned by a company in

16 which the generator of the waste has an

17 ownership interest;

18 ‘‘(E) any solid waste generated incident to

19 the provision of service in interstate, intrastate,

20 foreign, or overseas air transportation;

21 ‘‘(F) any industrial waste that is not iden22 tical to municipal solid waste (as otherwise de23 fined in this paragraph) with respect to the

24 physical and chemical state of the industrial
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1 waste, and composition, including construction

2 and demolition debris;

3 ‘‘(G) any medical waste that is segregated

4 from or not mixed with municipal solid waste

5 (as otherwise defined in this paragraph); or

6 ‘‘(H) any material or product returned

7 from a dispenser or distributor to the manufac8 turer for credit, evaluation, or possible reuse.

9 ‘‘(5) The term ‘compliance’ means a pattern or

10 practice of adhering to and satisfying standards and

11 requirements promulgated by the Federal or a State

12 government for the purpose of preventing significant

13 harm to human health and the environment. Actions

14 undertaken in accordance with compliance schedules

15 for remediation established by Federal or State en16 forcement authorities shall be considered compliance

17 for purposes of this section.

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

19 ‘specifically authorizes’ refer to an explicit authoriza20 tion, contained in a host community agreement or

21 permit, to import waste from outside the State.

22 Such authorization may include a reference to a

23 fixed radius surrounding the landfill or incinerator

24 that includes an area outside the State or a ref25 erence to any place of origin, reference to specific
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1 places outside the State, or use of such phrases as

2 ‘regardless of origin’ or ‘outside the State’. The lan3 guage for such authorization may vary as long as it

4 clearly and affirmatively states the approval or con5 sent of the affected local government or State for re6 ceipt of municipal solid waste from sources outside

7 the State.

8 ‘‘(g) IMPLEMENTATION AND ENFORCEMENT.—Any

9 State may adopt such laws and regulations, not inconsist10 ent with this section, as are necessary to implement and

11 enforce this section, including provisions for penalties.’’.

12 (b) TABLE OF CONTENTS AMENDMENT.—The table

13 of contents in section 1001 of the Solid Waste Disposal

14 Act (42 U.S.C. prec. 6901) is amended by adding the fol15 lowing new item after the item relating to section 4010:

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

16 SEC. 103. NEEDS DETERMINATION.

17 The Governor of a State may accept, deny or modify

18 an application for a municipal solid waste management fa19 cility permit if—

20 (1) it is done in a manner that is not inconsist21 ent with the provisions of this section;

22 (2) a State law enacted in 1990 and a regula23 tion adopted by the governor in 1991 specifically re24 quires the permit applicant to demonstrate that
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1 there is a local or regional need within the State for

2 the facility; and

3 (3) the permit applicant fails to demonstrate

4 that there is a local or regional need within the

5 State for the facility.

6 TITLE II—FLOW CONTROL

7 SEC. 201. SHORT TITLE.

8 This title may be cited as the ‘‘Municipal Solid Waste

9 Flow Control Act of 1997’’.

10 SEC. 202. CONGRESSIONAL AUTHORIZATION OF STATE AND

11 LOCAL MUNICIPAL SOLID WASTE FLOW CON12 TROL.

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

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

15 amended by adding after section 4011 the following new

16 section:

17 ‘‘SEC. 4012. CONGRESSIONAL AUTHORIZATION OF STATE

18 AND LOCAL GOVERNMENT CONTROL OVER

19 MOVEMENT OF MUNICIPAL SOLID WASTE

20 AND RECYCLABLE MATERIALS.

21 ‘‘(a) FLOW CONTROL AUTHORITY FOR FACILITIES

22 DESIGNATED AS OF MAY 16, 1994.—Any State or politi23 cal subdivision thereof is authorized to exercise flow con24 trol authority to direct the movement of municipal solid

25 waste, and recyclable materials voluntarily relinquished by
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1 the owner or generator thereof, to particular waste man2 agement facilities, or facilities for recyclable materials,

3 designated as of May 16, 1994, if each of the following

4 conditions are met:

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

6 generated within the jurisdictional boundaries of

7 such State or political subdivision, determined as of

8 May 16, 1994.

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

10 through the adoption or execution of a law, ordi11 nance, regulation, resolution, or other legally binding

12 provision or legally binding official act of the State

13 or political subdivision that—

14 ‘‘(A) was in effect on May 16, 1994,

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

16 an injunction or other order by a court based

17 on a ruling that such law, ordinance, regula18 tion, resolution, or other legally binding provi19 sion or official act violated the Commerce

20 Clause of the United States Constitution, or

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

22 suspension thereof by legislative or official ad23 ministrative action of the State or political sub24 division expressly because of the existence of a
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1 court order of the type described in subpara2 graph (B) issued by a court of the same State

3 or Federal judicial circuit.

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

5 has, for one or more of such designated facilities, in

6 accordance with paragraph (2), on or before May

7 16, 1994, either—

8 ‘‘(A) presented eligible bonds for sale, or

9 ‘‘(B) executed a legally binding contract or

10 agreement that obligates it to deliver a mini11 mum quantity of waste or recyclable materials

12 to one or more such designated waste manage13 ment facilities or facilities for recyclable mate14 rials and that obligates it to pay for that mini15 mum quantity of waste or recyclable materials

16 even if the stated minimum quantity of such

17 waste or recyclable materials is not delivered

18 within a required timeframe.

19 ‘‘(b) WASTE STREAM SUBJECT TO FLOW CON20 TROL.—The flow control authority of subsection (a) shall

21 only permit the exercise of flow control authority to any

22 designated facility of the specific classes or categories of

23 municipal solid waste and voluntarily relinquished recycla24 ble materials to which flow control authority was applica25 ble on May 16, 1994, or immediately before the effective
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1 date of an injunction or court order referred to in sub2 section (a)(2)(B) or an action referred to in subsection

3 (a)(2)(C) and—

4 ‘‘(1) in the case of any designated waste man5 agement facility or facility for recyclable materials

6 that was in operation as of May 16, 1994, only if

7 the facility concerned received municipal solid waste

8 or recyclable materials in those classes or categories

9 within 2 years prior to May 16, 1994, or the effec10 tive date of such injunction or other court order or

11 action,

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

14 that was not yet in operation as of May 16, 1994,

15 only of the classes or categories that were clearly

16 identified by the State or political subdivision as of

17 May 16, 1994, to be flow controlled to such facility,

18 and

19 ‘‘(3) only to the extent of the maximum volume

20 authorized by State permit to be disposed at the

21 waste management facility or processed at the facil22 ity for recyclable materials.
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1 If specific classes or categories of municipal solid waste

2 or recyclable materials were not clearly identified, para3 graph (2) shall apply only to municipal solid waste gen4 erated by households, including single family residences

5 and multi-family residences of up to 4 units.

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

7 Flow control authority may be exercised pursuant to this

8 section to any facility or facilities only until the later of

9 the following:

10 ‘‘(1) The expiration date of the bond referred to

11 in subsection (a)(3)(A).

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

13 agreement referred to in subsection (a)(3)(B).

14 ‘‘(3) The adjusted expiration date of a bond is15 sued for a qualified environmental retrofit.

16 Such expiration dates shall be determined based upon the

17 terms and provisions of the bond or contract in effect on

18 May 16, 1994. In the case of a contract described in sub19 section (a)(3)(B) that has no specified expiration date, for

20 purposes of paragraph (2) the expiration date shall be

21 treated as the first date that the State or political subdivi22 sion that is a party to the contract can withdraw from

23 its responsibilities under the contract without being in de24 fault thereunder and without substantial penalty or other

25 substantial legal sanction.
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1 ‘‘(d) MANDATORY OPT-OUT FOR GENERATORS AND

2 TRANSPORTERS.—Notwithstanding any other provision of

3 this section, no State or political subdivision may require

4 any generator or transporter of municipal solid waste or

5 recyclable materials to transport such waste or materials,

6 or deliver such waste or materials for transportation, to

7 a facility that is listed on the National Priorities List es8 tablished under the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980 unless

10 such State or political subdivision or the owner or operator

11 of such facility has adequately indemnified the generator

12 or transporter against all liability under that Act with re13 spect to such waste or materials.

14 ‘‘(e) EFFECT ON EXISTING LAWS.—

15 ‘‘(1) ENVIRONMENTAL LAWS.—Nothing in this

16 section shall be interpreted or construed to have any

17 effect on any other law relating to the protection of

18 human health and the environment, or the manage19 ment of municipal solid waste or recyclable mate20 rials.

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

22 be interpreted to authorize a political subdivision to

23 exercise the flow control authority granted by this

24 section in a manner inconsistent with State law.
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1 ‘‘(3) OWNERSHIP OF RECYCLABLE MATE2 RIALS.—Nothing in this section shall authorize any

3 State or political subdivision to require any genera4 tor or owner of recyclable materials to transfer any

5 recyclable materials to such State or political sub6 division, nor shall prohibit any persons from selling,

7 purchasing, accepting, conveying, or transporting

8 any recyclable materials, unless the generator or

9 owner voluntarily makes such recyclable materials

10 available to the State or political subdivision and re11 linquishes any rights to, or ownership of, such recy12 clable materials.

13 ‘‘(f) FACILITIES NOT QUALIFIED FOR FLOW CON14 TROL.—No flow control authority may be exercised under

15 the provisions of this section to direct solid waste or recy16 clable materials to any facility pursuant to an ordinance

17 if—

18 ‘‘(1) the ordinance was determined to be uncon19 stitutional by a State or Federal court in October of

20 1994;

21 ‘‘(2) the facility is located over a sole source aq22 uifer, within 5 miles of a public beach, and within

23 25 miles of a city with a population of more than

24 5,000,000; and
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•HR 942 IH

1 ‘‘(3) the facility is not fully permitted and oper2 ating in complete official compliance with all Fed3 eral, State, and local environmental regulations.

4 ‘‘(g) LIMITATION ON REVENUE.—A State or quali5 fied political subdivision may exercise the flow control au6 thority granted in this section only if the State or qualified

7 political subdivision limits the use of any of the revenues

8 it derives from the exercise of such authority for the pay9 ment of one or more of the following:

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

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

12 a qualified environmental retrofit.

13 ‘‘(3) Payments required by the terms of a con14 tract referred to in subsection (a)(3)(B).

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

16 and maintenance of designated facilities and other

17 integral facilities necessary for the operation and

18 maintenance of such designated facilities that are

19 identified by the same eligible bond.

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

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

22 and household hazardous waste activities in which

23 the State or political subdivision was engaged before

24 May 16, 1994, and for which the State or political

25 subdivision, after periodic evaluation, beginning no
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1 later than one year after the enactment of this sec2 tion, finds that there is no comparable qualified pri3 vate sector service provider available. Such periodic

4 evaluation shall be based on public notice and open

5 competition. The amount and nature of payments

6 described in this paragraph shall be fully disclosed

7 to the public annually.

8 ‘‘(h) INTERIM CONTRACTS.—A lawful, legally binding

9 contract under State law that was entered into during the

10 period—

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

12 effective date of any applicable final court order no

13 longer subject to judicial review specifically invali14 dating the flow control authority of such State or

15 political subdivision, or

16 ‘‘(2) after such State or political subdivision re17 frained pursuant to legislative or official administra18 tive action from enforcing flow control authority and

19 before the effective date on which it resumes en20 forcement of flow control authority after enactment

21 of this section,

22 shall be fully enforceable in accordance with State law.

23 ‘‘(i) AREAS WITH PRE-1984 FLOW CONTROL.—

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

25 or before January 1, 1984—
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1 ‘‘(A) adopted regulations under a State

2 law that required or directed transportation,

3 management, or disposal of municipal solid

4 waste from residential, commercial, institu5 tional, or industrial sources (as defined under

6 State law) to specifically identified waste man7 agement facilities, and applied those regulations

8 to every political subdivision of the State, and

9 ‘‘(B) subjected such waste management fa10 cilities to the jurisdiction of a State public utili11 ties commission,

12 may exercise flow control authority over municipal

13 solid waste in accordance with the other provisions

14 of this section and may exercise the additional flow

15 control authority described in paragraph (2).

16 ‘‘(2) ADDITIONAL FLOW CONTROL AUTHOR17 ITY.—A State that meets the requirements of para18 graph (1) and any political subdivision thereof may

19 exercise flow control authority over all classes and

20 categories of municipal solid waste that were subject

21 to flow control by such State or political subdivision

22 thereof on May 16, 1994, by directing it from any

23 existing waste management facility that was des24 ignated as of May 16, 1994, or any proposed waste

25 management facility in the State to any other such
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•HR 942 IH

1 existing or proposed waste management facility in

2 the State without regard to whether the political

3 subdivision within which the municipal solid waste is

4 generated had designated the particular waste man5 agement facility or had issued a bond or entered into

6 a contract referred to in subsection (a)(3) (A) or

7 (B), respectively.

8 ‘‘(3) DEFINITION.—For purposes of this sub9 section, the term ‘proposed waste management facil10 ity’ means a waste management facility that was

11 specifically identified in a waste management plan

12 prior to May 16, 1994, and for the construction of

13 which—

14 ‘‘(A) revenue bonds were issued and out15 standing as of May 16, 1994,

16 ‘‘(B) additional financing with revenue

17 bonds was required as of the date of enactment

18 of this section to complete construction, and

19 ‘‘(C) a permit had been issued prior to De20 cember 31, 1994.

21 ‘‘(4) LIMITATION OF AUTHORITY.—The addi22 tional flow control authority granted by paragraph

23 (2) may be exercised to—
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•HR 942 IH

1 ‘‘(A) any facility described in paragraph

2 (2) for up to 5 years after the date of enact3 ment of this section, and

4 ‘‘(B) after 5 years after enactment of this

5 section, only to those facilities and only with re6 spect to the classes, categories, and geographic

7 origin of waste directed to such facilities specifi8 cally identified by the State in a public notice

9 issued within 5 years after enactment of this

10 section.

11 ‘‘(5) DURATION OF AUTHORITY.—The authority

12 to direct municipal solid waste to any facility pursu13 ant to this subsection shall terminate with regard to

14 such facility in accordance with subsection (c).

15 ‘‘(j) SAVINGS CLAUSE.—Nothing in this section is in16 tended to have any effect on the authority of any State

17 or political subdivision to franchise, license, or contract for

18 municipal solid waste collection, processing, or disposal.

19 ‘‘(k) APPLICATION OF FLOW CONTROL AUTHOR20 ITY.—The flow control authority granted by this section

21 shall be exercised in a manner that ensures that it is ap22 plied to the public sector if it is applied to the private

23 sector.

24 ‘‘(l) PROMOTION OF RECYCLING.—The Congress

25 finds that, in order to promote recycling, anyone engaged
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1 in recycling activities should strive to meet applicable

2 standards for the reuse of recyclable materials.

3 ‘‘(m) EFFECTIVE DATE.—The provisions of this sec4 tion shall take effect with respect to the exercise by any

5 State or political subdivision of flow control authority on

6 or after the date of enactment of this section, and such

7 provisions shall also apply to the exercise by any State

8 or political subdivision of flow control authority before

9 such date of enactment unless the exercise of such author10 ity has been declared unconstitutional by a final judicial

11 decision that is no longer subject to judicial review.

12 ‘‘(n) DEFINITIONS.—For the purposes of this sec13 tion—

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

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

16 bond issued for a qualified environmental retrofit,

17 the earlier of the final maturity date of such bond

18 or 15 years after the date of issuance of such bonds.

19 ‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON20 MENTAL RETROFIT.—The term ‘bond issued for a

21 qualified environmental retrofit’ means a revenue or

22 general obligation bond, the proceeds of which are

23 dedicated to financing the retrofitting of a resource

24 recovery facility or a municipal solid waste inciner25 ator necessary to comply with section 129 of the
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•HR 942 IH

1 Clean Air Act, provided that such bond is presented

2 for sale before the expiration date of the bond or

3 contract referred to in subsection (a)(3) (A) and (B)

4 respectively that is applicable to such facility and no

5 later than December 31, 1999.

6 ‘‘(3) DESIGNATE; DESIGNATION, ETC.—The

7 terms ‘designate’, ‘designated’, ‘designating’, and

8 ‘designation’ mean a requirement of a State or polit9 ical subdivision, and the act of a State or political

10 subdivision, individually or collectively, to require

11 that all or any portion of the municipal solid waste

12 or recyclable materials that is generated within the

13 boundaries of the State or any political subdivision

14 be delivered to one or more waste management fa15 cilities or facilities for recyclable materials identified

16 by the State or a political subdivision thereof. The

17 term ‘designation’ includes bond covenants, official

18 statements, or other official financing documents is19 sued by a political subdivision issuing an eligible

20 bond in which it identified a specific waste manage21 ment facility as being the subject of such bond and

22 the requisite facility for receipt of municipal solid

23 waste or recyclable materials generated within the

24 jurisdictional boundaries of that political subdivision.
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1 ‘‘(4) ELIGIBLE BOND.—The term ‘eligible bond’

2 means—

3 ‘‘(A) a revenue bond specifically to finance

4 one or more designated waste management fa5 cilities, facilities for recyclable materials, or spe6 cifically and directly related assets, development

7 or finance costs, as evidenced by the bond docu8 ments; or

9 ‘‘(B) a general obligation bond, the pro10 ceeds of which were used solely to finance one

11 or more designated waste management facili12 ties, facilities for recyclable materials, or spe13 cifically and directly related assets, development

14 or finance costs, as evidenced by the bond docu15 ments.

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

17 ‘flow control authority’ means the authority to con18 trol the movement of municipal solid waste or volun19 tarily relinquished recyclable materials and direct

20 such solid waste or voluntarily relinquished recycla21 ble materials to one or more designated waste man22 agement facilities or facilities for recyclable mate23 rials within the boundaries of a State or within the

24 boundaries of a political subdivision of a State, as in

25 effect on May 16, 1994.
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1 ‘‘(6) MUNICIPAL SOLID WASTE.—The term

2 ‘municipal solid waste’ means any solid waste gen3 erated by the general public or by households, in4 cluding single residences and multifamily residences,

5 and from commercial, institutional, and industrial

6 sources, to the extent such waste is essentially the

7 same as waste normally generated by households or

8 was collected and disposed of with other municipal

9 solid waste as part of normal municipal solid waste

10 collection services, consisting of paper, wood, yard

11 waste, plastics, leather, rubber, and other combus12 tible materials and noncombustible materials such as

13 metal and glass, including residue remaining after

14 recyclable materials have been separated from waste

15 destined for disposal, and including waste material

16 removed from a septic tank, septage pit, or cesspool

17 (other than from portable toilets), except that the

18 term does not include any of the following:

19 ‘‘(A) Any waste identified or listed as a

20 hazardous waste under section 3001 of this Act

21 or waste regulated under the Toxic Substances

22 Control Act.

23 ‘‘(B) Any waste, including contaminated

24 soil and debris, resulting from—
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•HR 942 IH

1 ‘‘(i) response or remedial action taken

2 under the Comprehensive Environmental

3 Response, Compensation, and Liability Act

4 of 1980,

5 ‘‘(ii) any corrective action taken under

6 this Act, or

7 ‘‘(iii) any corrective action taken

8 under any comparable State statute.

9 ‘‘(C) Medical waste listed in section 11002

10 of this Act.

11 ‘‘(D) Industrial waste generated by manu12 facturing or industrial processes, including

13 waste generated during scrap processing and

14 scrap recycling.

15 ‘‘(E) Recyclable materials.

16 ‘‘(F) Sludge.

17 Such term also includes construction and demolition

18 debris.

19 ‘‘(7) POLITICAL SUBDIVISION.—The term ‘polit20 ical subdivision’ means a city, town, borough, coun21 ty, parish, district, or public service authority or

22 other public body created by or pursuant to State

23 law with authority to present for sale an eligible

24 bond or to exercise flow control authority.
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1 ‘‘(8) RECYCLE AND RECYCLING.—The terms

2 ‘recycle’ and ‘recycling’ mean—

3 ‘‘(A) any process which produces any ma4 terial defined as ‘recycled’ under section 1004;

5 and

6 ‘‘(B) any process by which materials are

7 diverted, separated from, or separately man8 aged from materials otherwise destined for dis9 posal as solid waste, by collecting, sorting, or

10 processing for use as raw materials or feed11 stocks in lieu of, or in addition to, virgin mate12 rials, including petroleum, in the manufacture

13 of usable materials or products.

14 ‘‘(9) RECYCLABLE MATERIALS.—The term ‘re15 cyclable materials’ means any materials that have

16 been separated from waste otherwise destined for

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

18 processing facilities) or that have been managed sep19 arately from waste destined for disposal, for the pur20 pose of recycling, reclamation, composting of organic

21 materials such as food and yard waste, or reuse

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

23 term includes scrap tires to be used in resource re24 covery.
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1 ‘‘(10) WASTE MANAGEMENT FACILITY.—The

2 term ‘waste management facility’ means any facility

3 for separating, storing, transferring, treating, proc4 essing, combusting, or disposing of municipal solid

5 waste.’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 subtitle D of the Solid Waste Disposal Act is amended

8 by adding the following new item after the item relating

9 to section 4011:

‘‘Sec. 4012. Congressional authorization of State and local government control

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

10 TITLE III—GROUND WATER MONITORING

11 SEC. 301. GROUND WATER MONITORING.

12 (a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—

13 Section 4010(c) of the Solid Waste Disposal Act (42

14 U.S.C. 6949a(c)) is amended—

15 (1) by striking ‘‘CRITERIA.—Not later’’ and in16 serting the following: ‘‘CRITERIA.—

17 ‘‘(1) IN GENERAL.—Not later’’; and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(2) ADDITIONAL REVISIONS.—Subject to para21 graph (2), the requirements of the criteria described

22 in paragraph (1) relating to ground water monitor23 ing shall not apply to an owner or operator of a new
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1 municipal solid waste landfill unit, an existing mu2 nicipal solid waste landfill unit, or a lateral expan3 sion of a municipal solid waste landfill unit, that dis4 poses of less than 20 tons of municipal solid waste

5 daily, based on an annual average, if—

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

7 contamination from the municipal solid waste

8 landfill unit or expansion; and

9 ‘‘(B) the municipal solid waste landfill unit

10 or expansion serves—

11 ‘‘(i) a community that experiences an

12 annual interruption of at least 3 consecu13 tive months of surface transportation that

14 prevents access to a regional waste man15 agement facility; or

16 ‘‘(ii) a community that has no prac17 ticable waste management alternative and

18 the landfill unit is located in an area that

19 annually receives less than or equal to 25

20 inches of precipitation.

21 ‘‘(3) PROTECTION OF GROUND WATER RE22 SOURCES.—

23 ‘‘(A) MONITORING REQUIREMENT.—A

24 State may require ground water monitoring of

25 a solid waste landfill unit that would otherwise
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1 be exempt under paragraph (2) if necessary to

2 protect ground water resources and ensure com3 pliance with a State ground water protection

4 plan, where applicable.

5 ‘‘(B) METHODS.—If a State requires

6 ground water monitoring of a solid waste land7 fill unit under subparagraph (A), the State may

8 allow the use of a method other than the use

9 of ground water monitoring wells to detect a re10 lease of contamination from the unit.

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

12 finds a release from a solid waste landfill unit,

13 the State shall require corrective action as ap14 propriate.

15 ‘‘(4) ALASKA NATIVE VILLAGES.—Upon certifi16 cation by the Governor of the State of Alaska that

17 application of the requirements of the criteria de18 scribed in paragraph (1) to a solid waste landfill

19 unit of a Native village (as defined in section 3 of

20 the Alaska Native Claims Settlement Act (16 U.S.C.

21 1602)) or unit that is located in or near a small, re22 mote Alaska village would be infeasible, or would not

23 be cost-effective, or is otherwise inappropriate be24 cause of the remote location of the unit, the State
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1 may exempt the unit from some or all of those re2 quirements. This subsection shall apply only to solid

3 waste landfill units that dispose of less than 20 tons

4 of municipal solid waste daily, based on an annual

5 average.

6 ‘‘(5) NO-MIGRATION EXEMPTION.—

7 ‘‘(A) IN GENERAL.—Ground water mon8 itoring requirements may be suspended by the

9 Director of an approved State for a landfill op10 erator if the operator demonstrates that there is

11 no potential for migration of hazardous con12 stituents from the unit to the uppermost aqui13 fer during the active life of the unit and the

14 post-closure care period.

15 ‘‘(B) CERTIFICATION.—A demonstration

16 under subparagraph (A) shall—

17 ‘‘(i) be certified by a qualified ground18 water scientist and approved by the Direc19 tor of an approved State.

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

21 after the date of enactment of this paragraph,

22 the Administrator shall issue a guidance docu23 ment to facilitate small community use of the

24 no migration exemption under this paragraph.
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1 ‘‘(6) FURTHER REVISIONS OF GUIDELINES AND

2 CRITERIA.—Not later than April 9, 1997, the Ad3 ministrator shall promulgate revisions to the guide4 lines and criteria promulgated under this subchapter

5 to allow States to promulgate alternate design, oper6 ating, landfill gas monitoring, financial assurance,

7 and closure requirements for landfills which receive

8 20 tons or less of municipal solid waste per day

9 based on an annual average: Provided, That such al10 ternate requirements are sufficient to protect human

11 health and the environment.’’.

12 (b) REINSTATEMENT OF REGULATORY EXEMP13 TION.—It is the intent of section 4010(c)(2) of the Solid

14 Waste Disposal Act, as added by subsection (a), to imme15 diately reinstate subpart E of part 258 of title 40, Code

16 of Federal Regulations, as added by the final rule pub17 lished at 56 Federal Register 50798 on October 9, 1991.

18 TITLE IV—STATE OR REGIONAL SOLID

19 WASTE PLANS

20 SEC. 401. FINDING.

21 Section 1002(a) of the Solid Waste Disposal Act (42

22 U.S.C. 6901(a)) is amended—

23 (1) by striking the period at the end of para24 graph (4) and inserting ‘‘; and’’; and

25 (2) by adding at the end the following:
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1 ‘‘(5) that the Nation’s improved standard of liv2 ing has resulted in an increase in the amount of

3 solid waste generated per capita, and the Nation has

4 not given adequate consideration to solid waste re5 duction strategies.’’.

6 SEC. 402. OBJECTIVE OF SOLID WASTE DISPOSAL ACT.

7 Section 1003(a) of the Solid Waste Disposal Act (42

8 U.S.C. 6902(a)) is amended—

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

10 (10);

11 (2) by striking the period at the end of para12 graph (11) and inserting ‘‘; and’’; and

13 (3) by adding at the end the following:

14 ‘‘(12) promoting local and regional planning

15 for—

16 ‘‘(A) effective solid waste collection and

17 disposal; and

18 ‘‘(B) reducing the amount of solid waste

19 generated per capita through the use of solid

20 waste reduction strategies.’’.

21 SEC. 403. NATIONAL POLICY.

22 Section 1003(b) of the Solid Waste Disposal Act (42

23 U.S.C. 6902(b)) is amended by inserting ‘‘solid waste

24 and’’ after ‘‘generation of’’.
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1 SEC. 404. OBJECTIVE OF SUBTITLE D OF SOLID WASTE DIS2 POSAL ACT.

3 Section 4001 of the Solid Waste Disposal Act (42

4 U.S.C. 6941) is amended by inserting ‘‘promote local and

5 regional planning for effective solid waste collection and

6 disposal and for reducing the amount of solid waste gen7 erated per capita through the use of solid waste reduction

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

9 SEC. 405. DISCRETIONARY STATE PLAN PROVISIONS.

10 Section 4003 of the Solid Waste Disposal Act (42

11 U.S.C. 6943) is amended by adding at the end the follow12 ing:

13 ‘‘(e) DISCRETIONARY PLAN PROVISIONS RELATING

14 TO SOLID WASTE REDUCTION GOALS, LOCAL AND RE15 GIONAL PLANS, AND ISSUANCE OF SOLID WASTE MAN16 AGEMENT PERMITS.—Except as provided in section

17 4011(a)(4), a State plan submitted under this subtitle

18 may include, at the option of the State, provisions for—

19 ‘‘(1) establishment of a State per capita solid

20 waste reduction goal, consistent with the goals and

21 objectives of this subtitle; and

22 ‘‘(2) establishment of a program that ensures

23 that local and regional plans are consistent with

24 State plans and are developed in accordance with

25 sections 4004, 4005, and 4006.’’.
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1 SEC. 406. PROCEDURE FOR DEVELOPMENT AND IMPLE2 MENTATION OF STATE PLANS.

3 Section 4006(b) of the Solid Waste Disposal Act (42

4 U.S.C. 6946(b)) is amended by inserting ‘‘and discre5 tionary plan provisions’’ after ‘‘minimum requirements’’.

6 TITLE V—GENERAL PROVISIONS

7 SEC. 501. BORDER STUDIES.

8 (a) DEFINITIONS.—In this section:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency.

12 (2) MAQUILADORA.—The term ‘‘maquiladora’’

13 means an industry located in Mexico along the bor14 der between the United States and Mexico.

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

16 the meaning provided the term under section

17 1004(27) of the Solid Waste Disposal Act (42

18 U.S.C. 6903(27)).

19 (b) IN GENERAL.—

20 (1) STUDY OF SOLID WASTE MANAGEMENT IS21 SUES ASSOCIATED WITH NORTH AMERICAN FREE

22 TRADE AGREEMENT.—As soon as practicable after

23 the date of enactment of this Act, the Administrator

24 is authorized to conduct a study of solid waste man25 agement issues associated with increased border use
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1 resulting from the implementation of the North

2 American Free Trade Agreement.

3 (2) STUDY OF SOLID WASTE MANAGEMENT IS4 SUES ASSOCIATED WITH UNITED STATES-CANADA

5 FREE-TRADE AGREEMENT.—As soon as practicable

6 after the date of enactment of this Act, the Adminis7 trator may conduct a similar study focused on bor8 der traffic of solid waste resulting from the imple9 mentation of the United States-Canada Free-Trade

10 Agreement, with respect to the border region be11 tween the United States and Canada.

12 (c) CONTENTS OF STUDY.—A study conducted under

13 this section shall provide for the following:

14 (1) A study of planning for solid waste treat15 ment, storage, and disposal capacity (including addi16 tional landfill capacity) that would be necessary to

17 accommodate the generation of additional household,

18 commercial, and industrial wastes by an increased

19 population along the border involved.

20 (2) A study of the relative impact on border

21 communities of a regional siting of solid waste stor22 age and disposal facilities.

23 (3) In the case of the study described in sub24 section (b)(1), research concerning methods of track25 ing of the transportation of—
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1 (A) materials from the United States to

2 maquiladoras; and

3 (B) waste from maquiladoras to a final

4 destination.

5 (4) In the case of the study described in sub6 section (b)(1), a determination of the need for solid

7 waste materials safety training for workers in Mex8 ico and the United States within the 100-mile zone

9 specified in the First Stage Implementation Plan

10 Report for 1992–1994 of the Integrated Environ11 mental Plan for the Mexico-United States Border,

12 issued by the Administrator in February 1992.

13 (5) A review of the adequacy of existing emer14 gency response networks in the border region in15 volved, including the adequacy of training, equip16 ment, and personnel.

17 (6) An analysis of solid waste management

18 practices in the border region involved, including an

19 examination of methods for promoting source reduc20 tion, recycling, and other alternatives to landfills.

21 (d) SOURCES OF INFORMATION.—In conducting a

22 study under this section, the Administrator shall, to the

23 extent allowable by law, solicit, collect, and use the follow24 ing information:
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1 (1) A demographic profile of border lands based

2 on census data prepared by the Bureau of the Cen3 sus of the Department of Commerce and, in the case

4 of the study described in subsection (b)(1), census

5 data prepared by the Government of Mexico.

6 (2) In the case of the study described in sub7 section (b)(1), information from the United States

8 Customs Service of the Department of the Treasury

9 concerning solid waste transported across the border

10 between the United States and Mexico, and the

11 method of transportation of the waste.

12 (3) In the case of the study described in sub13 section (b)(1), information concerning the type and

14 volume of materials used in maquiladoras.

15 (4)(A) Immigration data prepared by the Immi16 gration and Naturalization Service of the Depart17 ment of Justice.

18 (B) In the case of the study described in sub19 section (b)(1), immigration data prepared by the

20 Government of Mexico.

21 (5) Information relating to the infrastructure of

22 border land, including an accounting of the number

23 of landfills, wastewater treatment systems, and solid

24 waste treatment, storage, and disposal facilities.
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1 (6) A listing of each site in the border region

2 involved where solid waste is treated, stored, or dis3 posed of.

4 (7) In the case of the study described in sub5 section (b)(1), a profile of the industries in the re6 gion of the border between the United States and

7 Mexico.

8 (e) CONSULTATION AND COOPERATION.—In carrying

9 out this section, the Administrator shall consult with the

10 following entities in reviewing study activities:

11 (1) With respect to reviewing the study de12 scribed in subsection (b)(1), States and political sub13 divisions of States (including municipalities and

14 counties) in the region of the border between the

15 United States and Mexico.

16 (2) The heads of other Federal agencies (in17 cluding the Secretary of the Interior, the Secretary

18 of Housing, the Secretary of Health and Human

19 Services, the Secretary of Transportation, and the

20 Secretary of Commerce) and with respect to review21 ing the study described in subsection (b)(1), equiva22 lent officials of the Government of Mexico.

23 (f) REPORTS TO CONGRESS.—On completion of the

24 studies under this section, the Administrator shall, not

25 later than 2 years after the date of enactment of this Act,
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1 submit to the appropriate committees of Congress reports

2 that summarize the findings of the studies and propose

3 methods by which solid waste border traffic may be

4 tracked, from source to destination, on an annual basis.

5 (g) BORDER STUDY DELAY.—The conduct of the

6 study described in subsection (b)(2) shall not delay or oth7 erwise affect completion of the study described in sub8 section (b)(1).

9 (h) FUNDING.—If any funding needed to conduct the

10 studies required by this section is not otherwise available,

11 the President may transfer to the Administrator, for use

12 in conducting the studies, any funds that have been appro13 priated to the President under section 533 of the North

14 American Free Trade Agreement Implementation Act (19

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

16 carry out that section. States that wish to participate in

17 study will be asked to contribute to the costs of the study.

18 The terms of the cost share shall be negotiated between

19 the Environmental Protection Agency and the State.

20 SEC. 502. STUDY OF INTERSTATE HAZARDOUS WASTE

21 TRANSPORT.

22 (a) DEFINITION OF HAZARDOUS WASTE.—In this

23 section, the term ‘‘hazardous waste’’ has the meaning pro24 vided in section 1004 of the Solid Waste Disposal Act (42

25 U.S.C. 6903).
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1 (b) STUDY.—Not later than 3 years after the date

2 of enactment of this Act, the Administrator of the Envi3 ronmental Protection Agency shall conduct a study, and

4 report to Congress on the results of the study, to deter5 mine—

6 (1) the quantity of hazardous waste that is

7 being transported across State lines; and

8 (2) the ultimate disposition of the transported

9 waste.

10 SEC. 503. STUDY OF INTERSTATE SLUDGE TRANSPORT.

11 (a) DEFINITIONS.—In this section:

12 (1) SEWAGE SLUDGE.—The term ‘‘sewage

13 sludge’’—

14 (A) means solid, semisolid, or liquid resi15 due generated during the treatment of domestic

16 sewage in a treatment works; and

17 (B) includes—

18 (i) domestic septage;

19 (ii) scum or a solid removed in a pri20 mary, secondary, or advanced wastewater

21 treatment process; and

22 (iii) material derived from sewage

23 sludge (as otherwise defined in this para24 graph); but

25 (C) does not include—
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1 (i) ash generated during the firing of

2 sewage sludge (as otherwise defined in this

3 paragraph) in a sewage sludge incinerator;

4 or

5 (ii) grit or screenings generated dur6 ing preliminary treatment of domestic sew7 age in a treatment works.

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

9 meaning provided in section 1004 of the Solid Waste

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

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

12 of enactment of this Act, the Administrator of the Envi13 ronmental Protection Agency shall conduct a study, and

14 report to Congress on the results of the study, to deter15 mine—

16 (1) the quantity of sludge (including sewage

17 sludge) that is being transported across State lines;

18 and

19 (2) the ultimate disposition of the transported

20 sludge.

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