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‘‘(C) With respect to each designated
waste management facility, the authority of
subsection (a) shall be effective until completion
of the schedule for payment of the capital costs
of the waste management facility concerned (as
in effect on May 15, 1994), or for the remain-
ing useful life of the original waste management
facility, whichever is longer. At the end of such
period, the authority of subsection (a) shall be
effective for any waste management facility for
which subparagraph (B) and subsection (c)
have been complied with by the State or quali-
fied political subdivision, except that no facility,
and no State or qualified political subdivision,
subject to subsection (a)(1)(A)(i)(I) or sub-
section (a)(1)(A)(ii) shall be required to comply
with subparagraph (B) for a period of 10 years
after the date of enactment of this section. Not-
withstanding the provisions of this paragraph,
compliance with subparagraph (B) shall not be
required where—
‘‘(i) a designated waste management
facility is required to retrofit or otherwise
make significant modifications to meet ap-
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plicable environmental requirements or
safety requirements;
‘‘(ii) routine repair or scheduled re-
placements of existing equipment or com-
ponents of a designated waste management
facility is undertaken that does not add to
the capacity of the waste management fa-
cility; or
‘‘(iii) a designated waste management
facility expands on land legally or equitably
owned, or under option to purchase or
lease, by the owner or operator of such fa-
cility and the applicable permit includes
such land.
‘‘(D) Notwithstanding anything to the con-
trary in this section, paragraphs (2)(B) and
(2)(C) shall not apply to any State (or any of
its political subdivisions) that, on or before Jan-
uary 1, 1984, enacted regulations pursuant to
a State law that required or directed the trans-
portation, management, or disposal of solid
waste from residential, commercial, institutional
and industrial sources as defined by State law
to specific waste management facilities and ap-
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plied those regulations to every political subdivi-
sion in the State.
‘‘(3) LIMITATION TO APPLIED AUTHORITIES.—
The authority described in subsection (a)(1)(A) shall
apply only to the specific classes or categories of
solid waste to which the authority described in sub-
section (a)(1)(A)(i)(I) was applied by the State or
qualified political subdivision before May 15, 1994,
and to the special classes or categories of solid waste
for which the State or qualified political subdivision
committed to the designation of one or more waste
management facilities as described in subsection
(a)(1)(A)(i)(II).
‘‘(4) EXPIRATION OF AUTHORITY.—The author-
ity granted under subsection (a)(1)(A)(i)(II) shall
expire if a State or qualified political subdivision has
not designated, by law, ordinance, regulation, solid
waste management plan, or other legally binding
provision, one or more proposed or existing waste
management facilities within 3 years after the date
of enactment of this section.
‘‘(5) LIMITATION
ON
REVENUE.—A State or
qualified political subdivision may exercise the au-
thority described in subsection (a) only if the State
or qualified political subdivision limits the use of any
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of its revenues derived from the exercise of such au-
thority primarily to solid waste management serv-
ices.
‘‘(c) COMPETITIVE DESIGNATION PROCESS.—
‘‘(1) IN GENERAL.—A State or qualified politi-
cal subdivision may exercise the authority described
in subsection (a) only if the State or qualified politi-
cal subdivision develops and implements a competi-
tive designation process, with respect to each waste
management facility or each facility for recyclable
materials. The process shall—
‘‘(A) ensure that the designation process is
based on, or is part of, a municipal solid waste
management plan that is adopted by the State
or qualified political subdivision and that is de-
signed to ensure long-term management capac-
ity for municipal solid waste or recyclable mate-
rials generated within the boundaries of the
State or qualified political subdivision;
‘‘(B) sets forth the goals of the designation
process, including at a minimum—
‘‘(i) capacity assurance;
‘‘(ii) the establishment of provisions to
provide that protection of human health
and the environment will be achieved; and
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‘‘(iii) any other goals determined to be
relevant by the State or qualified political
subdivision;
‘‘(C) identify and compare reasonable and
available alternatives, options, and costs for
designation of the facilities;
‘‘(D) provide for public participation and
comment;
‘‘(E) ensure that the designation of each
facility is accomplished through an open com-
petitive process during which the State or quali-
fied political subdivision—
‘‘(i) identifies in writing criteria to be
utilized for selection of the facilities, which
shall not discriminate unfairly against any
particular waste management facility or
any method of management, transportation
or disposal, and shall not establish quali-
fications for selection that can only be met
by public bodies;
‘‘(ii) provides a fair and equal oppor-
tunity for interested public persons and
private persons to offer their existing (as
of the date of the process) or proposed fa-
cilities for designation; and
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that the laws and regulations satisfy the
requirements of paragraph (1);
‘‘(iii) provide interested persons an
opportunity to comment on the proposed
certification, for a period of time not less
than 60 days, after publication of the no-
tice; and
‘‘(iv) publish notice of the final certifi-
cation, together with an explanation of the
basis for the final certification, in a news-
paper of general circulation and provide
such additional notice of the final certifi-
cation as may be required by State law.
‘‘(C) APPEAL.—Within 120 days after
publication of the final certification under sub-
paragraph (B), any interested person may file
an appeal of the final certification in the United
States Circuit Court of Appeals for the Federal
judicial district of the State, for a judicial de-
termination that the certified laws and regula-
tions do not satisfy the requirements of para-
graph (1) or that the certification process did
not satisfy the procedural requirements of sub-
paragraph (B). The appeal shall set forth the
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specific reasons for the appeal of the final cer-
tification.
‘‘(D) LIMITATION TO RECORD.—Any judi-
cial proceeding brought under subparagraph
(C) shall be limited to the administrative record
developed in connection with the procedures de-
scribed in subparagraph (B).
‘‘(E) COSTS OF LITIGATION.—In any judi-
cial proceeding brought under subparagraph
(C), the court shall award costs of litigation (in-
cluding reasonable attorney fees) to any prevail-
ing party whenever the court determines that
such award is appropriate.
‘‘(F) LIMITATION ON REVIEW OF CERTIFI-
CATIONS.—If no appeal is taken within 120
days after the publication of the final certifi-
cation, or if the final certification by the Gov-
ernor of any State is upheld by the United
States Circuit Court of Appeals and no party
seeks review by the Supreme Court (within ap-
plicable time requirements), the final certifi-
cation shall not be subject to judicial review.
‘‘(G) LIMITATION ON REVIEW OF DESIGNA-
TIONS.—Designations made after the final cer-
tification and pursuant to the certified laws and
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regulations shall not be subject to judicial re-
view for failure to satisfy the requirements of
paragraph (1).
‘‘(d) OWNERSHIP OF RECYCLABLE MATERIALS.—
‘‘(1) 
PROHIBITION
ON
REQUIRED
TRANS-
FERS.—Nothing in this section shall authorize any
State or qualified political subdivision, or any des-
ignee of the State or qualified political subdivision,
to require any generator or owner of recyclable ma-
terials to transfer any recyclable materials to such
State or qualified political subdivision unless the
generator or owner of the recyclable materials volun-
tarily made the materials available to the State or
qualified political subdivision and relinquished any
rights to, or ownership of, such materials.
‘‘(2) OTHER TRANSACTIONS.—Nothing in this
section shall prohibit any person from selling, pur-
chasing, accepting, conveying, or transporting any
recyclable materials for purposes of transformation
or remanufacture into usable or marketable mate-
rials, unless a generator or owner voluntarily made
the materials available to the State or qualified po-
litical subdivision and relinquished any rights to, or
ownership of, such materials.
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‘‘(e) RETAINED AUTHORITY.—Upon the request of
any generator or municipal solid waste affected by this
section, the State or political subdivision may authorize
the diversion of all or a portion of the solid wastes gen-
erated by the generator making such request to a solid
waste facility, other than the facility or facilities originally
designated by the political subdivision, where the purpose
of such request is to provide a higher level of protection
for human health and the environment and reduce poten-
tial future liability under Federal or State law of such gen-
erator for the management of such wastes. Requests shall
include information on the environmental suitability of the
proposed alternative treatment or disposal facility and
method, compared to that of the designated facility and
method. In making such a determination the State or po-
litical subdivision may consider the ability and willingness
of both the designated and alternative disposal facility or
facilities to indemnify the generator against any cause of
action under State or Federal environmental statutes and
against any cause of action for nuisance, personal injury,
or property loss under any State law.
‘‘(f) EXISTING LAWS AND CONTRACTS.—
‘‘(1) IN
GENERAL.—To the extent consistent
with subsection (a), this section shall not supersede,
abrogate, or otherwise modify any of the following:
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‘‘(A) Any contract or other agreement (in-
cluding any contract containing an obligation to
repay the outstanding indebtedness on any pro-
posed or existing waste management facility or
facility for recyclable materials) entered into be-
fore May 15, 1994, by a State or qualified po-
litical subdivision in which such State or quali-
fied political subdivision has designated a pro-
posed or existing waste management facility, or
facility for recyclable materials, for the trans-
portation, management or disposal of municipal
solid waste, incinerator ash from a solid waste
incineration unit, construction debris or demoli-
tion debris, or recyclable materials, pursuant to
a law, ordinance, regulation, solid waste man-
agement plan, or legally binding provision
adopted by such State or qualified political sub-
division before May 15, 1994, if, in the case of
a contract or agreement relating to recyclable
materials, the generator or owner of the mate-
rials, and the State or qualified political sub-
division, have met the appropriate conditions in
subsection (b)(1) with respect to the materials.
‘‘(B) Any other contract or agreement en-
tered into before May 15, 1994, for the trans-
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portation, management or disposal of municipal
solid waste, incinerator ash from a solid waste
incineration unit, or construction debris or dem-
olition debris.
‘‘(C)(i) Any law, ordinance, regulation,
solid waste management plan, or legally binding
provision—
‘‘(I) that is adopted before May 15,
1994;
‘‘(II) that pertains to the transpor-
tation, management, or disposal of solid
waste generated within the boundaries of a
State or qualified political subdivision; and
‘‘(III) under which a State or quali-
fied political subdivision, prior to May 15,
1994, directed, limited, regulated, or pro-
hibited the transportation, management, or
disposal of municipal solid waste, or incin-
erator ash from, a solid waste incineration
unit, or construction debris or demolition
debris, generated within the boundaries;
if the law, ordinance, regulation, solid waste
management plan, or legally binding provision
is applied to the transportation of solid waste
described in subclause (III), to a proposed or
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existing waste management facility designated
before May 15, 1994, or to the management or
disposal of such solid waste at such a facility,
under such law, ordinance, regulation, solid
waste management plan, or legally binding pro-
vision.
‘‘(ii) Any law, ordinance, regulation, solid
waste management plan, or legally binding pro-
vision—
‘‘(I) that is adopted before May 15,
1994; and
‘‘(II) that pertains to the transpor-
tation or management of recyclable mate-
rials generated within the boundaries of a
State or qualified political subdivision;
if the law, ordinance, regulation, solid waste
management plan, or legally binding provision
is applied to the transportation of recyclable
materials that are generated within the bound-
aries, and with respect to which the generator
or owner of the materials, and the State or
qualified political subdivision, have met the ap-
propriate conditions described in subsection
(b)(1), to a proposed or existing facility for re-
cyclable materials designated before May 15,
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1994, or to the management of such materials,
under such law, ordinance, regulation, solid
waste management plan, or legally binding pro-
vision.
‘‘(2) CONTRACT INFORMATION.—A party to a
contract or other agreement that is described in sub-
paragraph (A) or (B) of paragraph (1) shall provide
a copy of the contract or agreement to the State or
qualified political subdivision on request. Any propri-
etary information contained in the contract or agree-
ment may be omitted in the copy, but the informa-
tion that appears in the copy shall include at least
the date that the contract or agreement was signed,
the volume of municipal solid waste or recyclable
materials covered by the contract or agreement with
respect to which the State or qualified political sub-
division could otherwise exercise authority under
subsection (a) or paragraph (1)(C), the source of the
waste or materials, the destination of the waste or
materials, the duration of the contract or agreement,
and the parties to the contract or agreement.
‘‘(3) EFFECT
ON
INTERSTATE
COMMERCE.—
Any contract or agreement described in subpara-
graph (A) or (B) of paragraph (1), and any law, or-
dinance, regulation, solid waste management plan,
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or legally binding provision described in subpara-
graph (C) of paragraph (1), shall be considered to
be a reasonable regulation of commerce by a State
or qualified political subdivision, retroactive to the
effective date of the contract or agreement, or to the
date of adoption of any such law, ordinance, regula-
tion, solid waste management plan, or legally bind-
ing provision, and shall not be considered to be an
undue burden on or otherwise as impairing, restrain-
ing, or discriminating against interstate commerce.
‘‘(4) LIMITATION.—Any designation by a State
or qualified political subdivision of any waste man-
agement facility or facility for recyclable materials
after the date of enactment of this section shall be
made in compliance with subsection (c). Nothing in
this paragraph shall affect any designation made be-
fore the date of enactment of this section, and any
such designation shall be deemed to satisfy the re-
quirements of subsection (c).
‘‘(g) SAVINGS CLAUSE.—
‘‘(1) FEDERAL
OR
STATE
ENVIRONMENTAL
LAWS.—Nothing in this section is intended to super-
sede, amend, or otherwise modify Federal or State
environmental laws (including regulations) that
apply to the disposal or management of solid waste
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or recyclable materials at waste management facili-
ties or facilities for recyclable materials.
‘‘(2) STATE LAW.—Nothing in this section shall
be interpreted to authorize a qualified political sub-
division to exercise the authority granted by this sec-
tion in a manner inconsistent with State law.
‘‘(h) DEFINITIONS.—For purposes of this section
only, the following definitions apply:
‘‘(1) COMMITTED TO THE DESIGNATION OF ONE
OR
MORE
WASTE
MANAGEMENT
FACILITIES.—The
term ‘committed to the designation of one or more
waste management facilities’ means that a State or
qualified political subdivision was legally bound to
designate one or more existing or future waste man-
agement facilities or performed or caused to be per-
formed one or more of the following actions for the
purpose of designating one or more such facilities:
‘‘(A) Obtained all required permits for the
construction of such waste management facility
prior to May 15, 1994.
‘‘(B) Executed contracts for the construc-
tion of such waste management facility prior to
May 15, 1994.
‘‘(C) Presented revenue bonds for sale to
specifically provide revenue for the construction
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of such waste management facility prior to May
15, 1994.
‘‘(D) Submitted to the appropriate regu-
latory agency or agencies, on or before May 15,
1994, administratively complete permit applica-
tions for the construction and operation of a
waste management facility.
‘‘(E) Formed a public authority or a joint
agreement among qualified political subdivi-
sions, pursuant to a law authorizing such for-
mation for the purposes of designating facili-
ties.
‘‘(F) Executed a contract or agreement
that obligates or otherwise requires a State or
qualified political subdivision to deliver a mini-
mum quantity of solid waste to a waste man-
agement facility and that obligates or otherwise
requires the State or qualified political subdivi-
sion to pay for that minimum quantity of solid
waste even if the stated minimum quantity of
solid waste is not delivered within a required
timeframe, otherwise commonly known as a
‘put or pay agreement’.
‘‘(G) Adopted, pursuant to a State statute
that specifically described the method for des-
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ignating by solid waste management districts, a
resolution of preliminary designation that speci-
fies criteria and procedures for soliciting pro-
posals to designate facilities after having com-
pleted a public notice and comment period.
‘‘(H) Adopted, pursuant to a State statute
that specifically described the method for des-
ignating by solid waste management districts, a
resolution of intent to establish designation with
a list of facilities for which designation is in-
tended.
‘‘(2) DESIGNATION; DESIGNATE.—The terms
‘designate’, ‘designated’, ‘designation’ or ‘designat-
ing’ means a requirement of a State or qualified po-
litical subdivision, and the act of a State or qualified
political subdivision, to require that all or any por-
tion of the municipal solid waste that is generated
within the boundaries of the State or qualified politi-
cal subdivision be delivered to a waste management
facility identified by a State or qualified political
subdivision, and specifically includes put or pay
agreements of the type described in paragraph
(1)(F).
‘‘(3) FLOW CONTROL AUTHORITY.—The term
‘flow control authority’ means the authority to con-